Section 75 refunds - article discussion

mda08zk

My car has been involved in the VW emissions scandal. I am increasing getting disappointed with VW and their customer service now and I plan to use the section 75 refund as I had paid the deposit for the car on my Natwest credit card.

Has anyone had any luck on using section 75 for this mis-selling by VW and breach of advertising/contract?

samwardill

I have a vw too but I'm not sure why you'd want to use section 75 yet. What exactly is it that you want? If it is compensation then I think we have to wait to see what they offer. It would be hard to work out what we lost and you'd need evidence of loss for s75

mda08zk

Hi Sam

To be honest the emmisions scandal hadnt affected me much at the time, but now that my car has fallen victim to the infamous egr problem and VW repair costs for a faulty part are ludicrous and the way the customer services handle things

Its the final draw of the string and due to a build up of things I want a refund and leave VW permanently.

JimmyTheWig

mda08zk wrote: »

To be honest the emmisions scandal hadnt affected me much at the time,

So you can't expect much from your credit card provider.

but now that my car has fallen victim to the infamous egr problem and VW repair costs for a faulty part are ludicrous and the way the customer services handle things

None of which are caused by emmissions being wrongly quoted, so nothing to do with it I'd have thought.

Its the final draw of the string and due to a build up of things I want a refund and leave VW permanently.

I can understand that. But can't see it happening, I'm afraid.

MrsCD

Chris7030

I claimed on Section 75, for my parents last year. They had paid £3500 in total for a suite from Oak Tree, and had had 5 callouts to sort out problems with the mechanisms on both the settee and chair, within the first year or so. They got to the point where they wanted the furniture taken away for testing, but were told that the warranty would no longer be valid as they had refused to have it repaired. At that time they asked for a refund as the furniture was not fit for purpose, but were fobbed off by the company.
I helped them write to their cc, LloydsTSB, and they were very helpful. They said they needed an independent assessment, which my parents would be compensated for in the final refund.
It took about 3 months of e-mails and letters, but eventually my parents agreed to a figure which took into account the time that they had had the furniture, and they were paid almost the full amount that they had paid originally.

I would recommend having a go. Just ask as you go, to give the information they need, and be as honest as you can.

Hope it works out for you.

richard.hoar

Hi,

I am wondering if anyone can offer some advice.

I had a repair carried out on my caravan in November 2014 which was a complete new rear panel fitment. The cost was approx £5500, of which I paid the excess of £250 directly to the repairers on a credit card (Maestro) and the rest was paid by the insurance company.

Upon using the caravan this year it leaked water in and on further inspection we found that there were numerous cracks on the newly fitted rear panel on both sides at the top, some significant enough to let in water and has caused high levels of damp in the caravan. 18 months clearly is not a reasonable amount of time for the panel to last and this is not down to general wear and tear.

I was advised by the insurance company to deal directly with the repairer who in turn have contacted the manufacturer of the rear panel and as yet there has been no agreement to sort out this situation.

If I am unable to pursue this with the repairers or the insurance company then what are my rights under section 75, so that I can get the caravan repaired, as if left more cracks are likely to appear and ultimately the caravan will lose all it's value and be unusable.

Many Thanks,

Richard

Lord_Snooty

I purchased a new Raleigh bike 4 months ago (£2000) via Credit Card from a Raleigh dealer (independent cycle shop). A couple of weeks after purchase it started to slip gears. To cut a very long story short, the shop attempted to repair it on 4 different occasions without success and then sent it to Raleigh for repair. When I got it back once again the gears started to slip. The bike is virtually unusable and I have been left stranded on a couple of occasions and without it for extended periods whilst repairs have been attempted. This is a bind as it was specifically purchased for commuting. A few weeks ago I requested a replacement/refund from the Shop who initially ignored my request and then after some pressure said that Raleigh had agreed to replace the bike "depending on stock". That was almost 2 weeks ago but neither the shop or Raleigh respond to my requests for a timescale for obtaining this replacement. I have now given the shop a further 2 weeks to give me a refund or replacement and have requested forms for a Section 75 claim from my Credit Card company as I suspect that I will hear nothing more from the shop. My Credit Card company state that they will require a report from an Independent Cycle Retailer or Mechanic. However, I need to move this on and get money to purchase a replacement bike. As my claims and actions have all taken place within 6 months, surely the onus is not on me, but on the Manufacturer/Retailer, to prove that the faults are not inherent manufacturing ones and were not present at Manufacture and therefore an Independent Report is not necessary? I'm concerned because of the additional delay and cost but also because I live in an area where there are only two or three bike shops and they all seem to work very closely together - I fear getting a truly independent report may be quite a task! Any advice?

samwardill

I had a very similar issue. I believe that the issue is that the Financial Ombudsman Service advice to credit card issuers does not align with the legal position. The legal position is that, because the fault occurred within 6 months, the onus is on the retailer (and the credit card issuer under section 75) to prove that it was not present at the time of manufacture. FOS advice to credit card issuers does not recognise this 6 month boundary. My FOS adjudicator did, however, ultimately support me. My case is still in progress and not yet resolved. I hope the FOS will improve their guidance to credit card issuers (perhaps as a result of my case). Who is your credit card issuer? Of course you could rent a bike and claim the cost back from the credit card issuer (but this does, obviously, involve a taking on the risk of incurring a rental cost that you may not recover). Perhaps a threat to do this might spur them into action.

Iris311

I hope someone could help me with this. I bought a skin care treatment from Proskin, but I couldn't get an appointment to start the treatment and I found a better deal from someone else and can be started immediately. Therefore, I want to claim a refund with Proskin but they said that their service is not refundable. I wasn't told when I made the payment and I haven't been told any their terms. As I couldn't get the refund, I turn to my credit card bank to claim under Section 75. Their staff told me to fill in a form and attached all the evidence and said that they would investigate the case and let me know whether they can process any further.


Could anyone help me with a few questions? Is this my liability to claim with the bank and they are going to deal with the supplier? Does the bank need to talk with the supplier before process my money return?

forgetthat

I purchased three concert tickets last year for a show that took place December 2015.

The tickets arrived very last minute but were not for the seat selection I had paid for.
the company i purchased the tickets through didnt reply to any of my emails and blocked me on Twitter!

Will i be able to make a S75 claim? the tickets i was sent were not the ones i paid for.

Thanks