Section 75 refunds - article discussion

hethmar

Derrick, Id be very grateful for your help on my worry please.

At the end of September we bought our son a second hand 2002 van from a dealer - with 88k "warrantied" miles with one owner. When we viewed the van we noticed the remote wouldnt lock the passenger door. The dealer said it was out of synch and would be sorted. We asked to see the service record but the dealer said he had not yet collected it from his "agent" but would do so by the time we picked up the van.

We paid a £100 deposit using my husbands Barclays business card. The dealer said he would prefer cash for the balance. The van cost £1800 in total.

The dealer said he would service, MOT and change the cam belt of the van before collection. We also paid for a new water pump as OH was concerned that a water pump should be changed at same time as cam belt.

We were going on holiday on the saturday so OH took son on the Friday to collect the van (some 50 miles away). Dealer had asked for cash in settlement and that was paid to him. OH checked the passenger door but it was still not responding to the remote and the dealer said he had been unable to fix it "lock it from inside". (I now believe that the door is not original, hence does not respond) OH wasnt too happy about that but time was of the essence, son needed the van for work and we were off on hols the next morning. No sign of service book - dealer hadnt had time to collect it

To cut a long story short. Son has had various problems from first week. He rang the dealer whilst we were away but was fobbed off (its his first vehicle) so not au fait. He has had fairly minor things like roof leaking and of course, door not locking and reversing alarm not working (dealer response was he didnt know there was a reversing alarm) but then after 5 weeks the exhaust and cat had to be replaced at £415. He did this without telling us beforehand. We paid £80 for a VGS warranty and when son told us about the cat, I contacted the dealer but he said son should have asked the VGS company for authorisation if he expected to claim and it was therefore too late to do so.

I couldnt really argue about that, though I did say I thought that after such a short ownership time I was not happy about this happening. I have also asked several times for the service record to be sent and after various excuses the dealer claimed the "agent" sent it to us in October. Then he said November and that it must have got lost in the post I also noted on the reg doc that the van has in fact had 2 previous owners, not one as stated in advert.

Last night son rang and the car had broken down in a country lane. OH told son to ring AA as we had bought him breakdown cover. AA turned up and says engine is seized Water and oil checked out ok, antifreeze put in just over a week ago. Van has been towed to garage to look at and Ive asked them to find out cause and contact the warranty people. However, I note from warranty details that though parts are covered, this does not extend to "consequential damage". It is just 9 weeks since purchase.

So, likelihood being warranty is worthless. As we paid deposit with Business Barclay credit card, in the event, would we be covered IF (and is it not likely) the dealer refuses to pay for the repairs please.

derrick

The business card would probaly not cover you under S75, as S75 is for consumers. Future refence,use a personal CC for purchases over £100, you only need a nominal sum on the CC for S75 to apply.

Sounds like the vehicle is "not fit for purpose" under SoGA.

You should put in writing and send recorded delivery to the dealer stating you are rejecting under Soga, and you will seek redress through the small claims courts if full retribution is not received.
Consequential damage could be covered athough not necessarily via the warranty, but certainly through the dealer, although by going for a refund I would be claiming for everything that it has cost you, and if it goes to SCC let the judge decide what the total will be.

Re the exhaust and cat, I think it should be covered as I am sure the garage that replaced it would vouch for it's condition, but as above I would be going for a full refund and all expenses from the dealer



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hethmar

Thanks Derrick, though bit of a blow re Section 75 possibly not covered. I wonder if I could find out somehow from Barclays. I will have a google.


But, does this rule apply to business credit cards?
Section 75 for consumer cards only
The answer is NO. According to the Financial Ombudsman Service, Section 75 does not apply to business credit cards. It is the ‘consumer’ part of the ‘Consumer Credit Act’ (which section 75 is part of) that stops the rule applying to business credit cards.
So, if you own and regularly use a business credit card, you will not have an equal claim against the issuer of a card if you do have to make a claim against a supplier for breach of contract.

bikingbarney

Hi there i am after some advice.

WE placed an order with a local sofa company who told us they could supply us with a right angled corner unit sofa to fit into the corner of our room, they even gave us a compliments lsip witht he dimensions on of this so called right angled sofa. we used these measurements on this compliments lsip to measure our lounge to make sure the sofa would fit.with the measurements given by the shop we felt it would fit so placed the order.

all the deatils from the comp slip were transferred to an orderf orm apart form the sizes(very crafty)

the sofa has turned up and the corenr piece is not right angled(square) but is in fact half moon shaped and twice the size quoted on the comp slip.

As such it will not fit in our lounge.

we paid a large some £900 on our credit card.

do you think we have a case under section 75 , as the shop are refusing to budge on giving us a refund.

derrick

bikingbarney wrote: »

Hi there i am after some advice.

WE placed an order with a local sofa company who told us they could supply us with a right angled corner unit sofa to fit into the corner of our room, they even gave us a compliments lsip witht he dimensions on of this so called right angled sofa. we used these measurements on this compliments lsip to measure our lounge to make sure the sofa would fit.with the measurements given by the shop we felt it would fit so placed the order.

all the deatils from the comp slip were transferred to an orderf orm apart form the sizes(very crafty)

the sofa has turned up and the corenr piece is not right angled(square) but is in fact half moon shaped and twice the size quoted on the comp slip.

As such it will not fit in our lounge.

we paid a large some £900 on our credit card.

do you think we have a case under section 75 , as the shop are refusing to budge on giving us a refund.

Your CC company is equally liable , so you can go to them for assistance under S75, it is irrelevant how much you put on the card as long as the goods are between £100-30000.



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shoi

Hi Derrick, I'd be grateful for an opinion

I live in France, you don't get anything like the same protection here. I still have a UK as well as french bank account

So if I wanted to buy something in France where i wasn't fully confident about the supplier and which cost a lot, (like a car for example), if I used my UK card would section 75 still protect me, a French Resident buying something in France to be used in France.?

I phoned the bank (HSBC) and their answer was
read the terms and conditions mate (which I have and section 75 isn't mentioned.)

bradshaw_chris

Can someone advise.

I bought a piece of kitchen furniture from an online shop (not ebay) and paid using paypal but not through my paypal account. I paid from my credit card without logging in. I think paypal term this as "direct payment" or "website payments pro", I'm not entirely sure.

After 7 weeks of waiting the item hasn't arrived and the seller is unwilling to refund me the full amount (he wants to deduct a 10% cancellation charge).

Can anyone tell me whether this form of direct payment is indeed a direct payment to the shop and that I'll be covered under section 75 on my credit card? On my credit card statement it still says paypal, followed by the seller ID, in the same way as any other paypal payment if I'd actually logged into my paypal account.

jesswin

Hi Derrick, I'm a 1st time poster here & have a mega problem regarding the purchase of a video camera I made in a shop whilst on holiday in Fuerteventura very recently. I paid by credit card & the price was well over £100.

Apologies if I've misread your post at #381 , but I'm a little confused & ask you to kindly clarify if S.75 protection would be likely to apply in my case, or is it indeed only applicable if goods are purchased for delivery to the UK from overseas by telephone, mail order or over the internet?

Many thanks in advance for your assistance & any further advice & information you may be able to give.

derrick

jesswin wrote: »

Hi Derrick, I'm a 1st time poster here & have a mega problem regarding the purchase of a video camera I made in a shop whilst on holiday in Fuerteventura very recently. I paid by credit card & the price was well over £100.

Apologies if I've misread your post at #381 , but I'm a little confused & ask you to kindly clarify if S.75 protection would be likely to apply in my case, or is it indeed only applicable if goods are purchased for delivery to the UK from overseas by telephone, mail order or over the internet?

Many thanks in advance for your assistance & any further advice & information you may be able to give.

As far as I am aware it is covered re your circumstances, this part of the quote from #381 is a separate sentence from the linked site;- "The House of Lords has also confirmed that the protection applies if you buy goods for delivery to the UK from overseas by telephone, mail order or over the internet."

The first part states;- "the House of Lords has confirmed that section 75 does apply to foreign transactions.".

Therefore IMO you made a "foreign transaction"

If you are having no joy with the retailer, then contact your CC provider informing them you wish to make a Section75 claim.

What is wrong with the camera?
Is there not a UK agent?


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jesswin

Thanks for the clarification & advice derrick.
What's wrong with camera? I hardly know where to start, it's quite a long story so I'll keep it brief for now.
Basically I've been an utter pr*t & fallen for what I now know to be a well know scam(era) in the Canaries. Paid mega bucks for a camera which I was falsely informed to be a Fuji but has turned out to be a cheap fake. In addition the manual & another essential component are missing so I can't use it anyway.
There is no practical way of resolving the matter with the retailer now that I'm back in the UK, (not that they would in my opinion). Also no UK agent. The 'European Guarantee' (sic) is in Spanish & bears the P.O. Box Number address of a supposed Service Centre in Las Pal Mas, Gran Canaria.