Section 75 refunds - article discussion

Craig-W

I bought a used car and within two months and under 500 miles there was a fault with the clutch/gearbox.

The dealer repaired the fault, and (after a lot of arguing) provided the labour free of charge, but I had to pay £650 for parts and the towing charge before they would release the car back to me.

I believe that the car was faulty from purchase as it was always difficult to get into gear - until it went bang, we'd just put it down to not being used to a different clutch/gearbox.

Under the SoGA I believe I'm entitled to a full refund of all costs - but the dealer is arguing that under their warranty clutch issues aren't covered (it's "wear and tear" - despite needing £600 of new parts) - so they won't provide a refund.

I contacted the CC company and put in a claim under section 75 - and they've just contacted me for more info.

During that call they asked about the warranty and I said I'd had no paperwork, so I couldn't confirm if it was covered by the warranty or not - but that it didn't make any difference as under the SoGA they needed to refund me anyway, as the car was faulty on purchase (and within 6 months they have to prove otherwise).

The CC company then said that under section 75 they were only liable for a breach of contract. So if the warranty covered the clutch/gearbox, and the dealer was refusing to honour it, then section 75 applied - but if it didn't then no breach of contract had occured, and the CC company were off the hook.

If I wanted to pursue a claim under the SoGA my only option would be to take the dealer to small claims court.

I argued that the SoGA had to form part of the contract, overriding any other warranty or terms and conditions - but they said no.

Is that right? How can section 75 not include claims under the SoGA?

dazza.mk

Craig-W wrote: »

Is that right? How can section 75 not include claims under the SoGA?

No, they are talking rubbish, anything that the Dealer is liable for you can hold the Credit Card company liable (subject to meeting Section 75 conditions).
However if your credit card company aren't playing ball you potentially will need to make an official complaint + take them to the Financial Ombudsman / take them to the small claims court to get them to admit liability.

Note that obviously your 'rights' are not as strong as its a second hand car compared to a new car, but as you say the burden of proof should rest with them.

http://www.adviceguide.org.uk/index/your_world/consumer_affairs/buying_second_hand_vehicles.htm

samnian

Hi:wave:
We purchased our wedding ring from Jareds the galleria of jewelery in Orlando @ March 2009. It wasnt worn until our wedding day June 12th this year. Overnight one of the diamonds fell out. We honeymooned in florida so returned the ring but we were made to pay for a replacement diamond even though they admitted to faulty workmanship and the ring had only been worn less than 24hours. The salesman had failed to tell us we had to have the diamonds inspected at one of their stores every 6 months, so they refused to replace if foc.We asked for the remaining stones to be checked which they did and said were fine. @ 2 months ago a different diamond dropped out. They asked us to return the ring to be inspected, which we did. They said the stones would not stay in the band but refused to give us a refund. They made us choose an alternative. It took them a month to process the order which has now arrived in the UK but now we are faced with a £85 VAT bill to collect it!!! We are really upset. All we wanted was a refund in the first place. We cannot afford another £85 when none of this has been our fault. Its bad enough that we cant have the original ring repaired/remade that was used during our vows but to have to pay out more money is a joke! Their customer service is appalling. We offered to prove the ring wasnt worn by showing the marriage certificate.But they still refused. So basically can we use Section 75 to claim a full refund even though it was an international purchase and from 19 months ago?_pale_

craig7

I have just recieved a parcel from China which isnt what i ordered, basically i ordered a bike with a full spec detail which this clearly isnt ! what i got is a fold up childs bike..i think ! I purchased using the credit card through Western Union money transfer, can i make a claim to get my money back, i think this is fraud ? but whatever it is, it isnt what i ordered !

Thank you.

sitelib

Hi, I have recently started a business and paid for some advertising with a large newspaper group (more fool me) by credit card. I was told that the advert would be featured in a business supplement and that this would appear in the Metro and also the Evening Newspaper on 2 separate days. The advert did appear, but not in the business supplement (I paid extra for this), but in the classifieds right at the back of the newspaper on one day only. I am furious and want to know my legal entitlements. I had read that the Consumer Act didn't cover business to business transactions. The receipt was made out in my business name, but I paid using a personal credit card. I have emailed the company asking for a full refund, but I have a feeling that I will just be ignored. As a large newsaper group I get the impression that they feel that they can work outside the law. Any advice would be much appreciated. Many thanks

sdwmiller

I recently purchased a handbag for my wife via the web. After a few weeks of use the mechanism that connected the strap to the main bag came apart and could not be repaired.

After failing to get a reply from the web site on multiple occasions I decided to invoke Section 75 of the consumer credit act. After completing the templated letter from this site I received a response from my credit card company advising that they could not process my claim as I was still in receipt of the goods.

This is the very point of invoking Section 75 of the consumer credit act. I am unable to get any response from the web site. i.e. I am unable to get a returns number or returns address.

Can someone advise if the statement from the credit card company is correct?

Bezzawezza

In December 2009 I purchased some Peter Kay tickets at a cost of £133 from a company that I have now discovered went bust shortly after they took the money from my Mastercard credit card. I just rang and spoke to the card services team and they wittered on about it most likely being too late as past their 120 limit and I should speak to their disputes team on Monday.
I believe this will come under Section 75 of the Credit Consumer Act but I cannot find any mention of a time limit under this. I got the impression though that the customer services person had little knowledge of disputes of this nature. Am I right in thinking that the 120 days limit only applies to Visa Chargebacks and not for Credit Card Section 75 claims and that I should have no trouble recovering my money from the Credit Card?

derrick

Bezzawezza wrote: »

In December 2009 I purchased some Peter Kay tickets at a cost of £133 from a company that I have now discovered went bust shortly after they took the money from my Mastercard credit card. I just rang and spoke to the card services team and they wittered on about it most likely being too late as past their 120 limit and I should speak to their disputes team on Monday.
I believe this will come under Section 75 of the Credit Consumer Act but I cannot find any mention of a time limit under this. I got the impression though that the customer services person had little knowledge of disputes of this nature. Am I right in thinking that the 120 days limit only applies to Visa Chargebacks and not for Credit Card Section 75 claims and that I should have no trouble recovering my money from the Credit Card?

Yes you are correct re chargeback = 120 days and S75 is "up to 6 years" re SoGA. i.e if the retailer is liable,then so is the CC.
However for S75 to be implemented the goods need to cost between £100-30000 EACH, so as you purchased tickets, then it is unlikely you will succeed.

See HERE, under "Should the bill or the item cost over £100?"



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traceylou9

Hey guys - we have been persuing a section 75 claim for an extension where there was clear breach of contract (not meeting building standards for one!). This has been going on for a while now and we're about to move home - will this unvalidate our claim?

Many thanks,

Tracey :-)

Middle_Sister

I paid a garage nearly £600 to repair the head gasket of my car. About 6 weeks later the coolant light came back on. I took the car back and they thought they could detect a leak so booked the car in. The car was in their workshop for 2/3 days but they couldn't locate the fault. Another 2 weeks later the coolant light came on again. This time I took the car to another garage and they located the fault within half an hour - it was the head gasket (again). I told them to go ahead and fix it. I wrote to the original garage and asked them for a £400 refund as I took into account the fact they had also changed the cam belt & fan belt. I received no response. I then made a claim with Capital One invoking Section 75. They replied saying they would investgate etc however after correspondence going back and forth they said they would not pay out. I then downloaded the form from the Financial Services Ombudsman site and filled it in and sent it off with the paperwork. They sent an acknowledgement and then Capital One contacted me saying they had been contacted by the FSO and that their final word on the matter was NO. 3 weeks later I got another letter from the FSO saying Capital One was willing to settle the whole amount! Result.