Section 75 refunds - article discussion

leachio

Hi folks,

I find myself in a sticky situation, the circumstances are as follows:

I saw a vehicle advertisd on autotrader which linked to a companys website. I called to enquire about the vehicle and spoke to an employee. The employee said the car was available for viewing and he would hold onto it (reserve ir for me) they took a credit card deposit of £295 on the phone. I was told that if I decided I didn't want the car then the money would be refunded. The card was debited and i told the employee I would come view the car the following day. He then said the car was not ready and had to send it away for MOT and valet. I didnt get a receipt for my deposit but they did give me a transaction number.

I gave them a timescale for the car to be ready for me to view and test drive. I also told them I needed to see the proof of the advertised full service history and they gave more excuses such as the last owner still had it and they would get it posted. By this time the whole situation was dragging on and i was getting excuse after excuse.

I only had a set timescale to get a car and on deadline day they still didnt have it ready for me to view. I called to inform them that i required my deposit refunding as they couldnt get the car ready and they said no problem but they would call me back. Guess what...no call back. I called again and was told boss would call me to sort it. Guess what..... no call back. The following day i called and got the boss, he was rude and told me that i had to speak to the salesman but he wasnt around. I eventually spoke to the salesman later in the day and he said he thought the manager was sorting it. I then got the manager again who said as i didnt want the car anymore i had lost my deposit.

I know i have some pprotection under the distance selling Regs 2000 and have started that process.

What i would like to know is can i claim under section 75 from the card company. I have contacted them by phone and they have requested some documentation of the circumstances etc but i am going to write a sec 75 letter also just to make it official.

Can i hold them jointly responsible in these circumstances.

I never viewed the car at all and dont have any correspondence from the sellers (who are a limited company). The company are just ignoring me.

Any advice would be greatly received.

Danny

Murraymint2

What are my Sect75 and SOGA rights for a washing machine bought at Apollo2000 ?

In 2008, I bought a washing machine from Apollo2000. I did not take any extra warranty cover on the washing machine beyond the manufacturer's 12 month standard cover from new. I bought the washing machine using my Barclaycard.

After approximately 14 mths usage, the washing wasn't functioning properly. I complained to Apollo2000 using SOGA and, as a gesture, of good will, they agreed to replace my washing machine with a brand new one. I selected a brand new model and make.

After less than two years usage, my 'new' washing model has now developed fault(s).

Using section75 and SOGA, I have contacted B/card with a letter to request what action they will undertake to fix my machine.

I got yesterday a phone call from B/card, who verbally advised me that I had not rights under SOGA and could only use sect75. They also advised me that I had to provide them with warranties, correspondence, invoices, etc. I have copies of all this apart from the warranty, which I did not take out with Apollo2000. They also advised me that I could only invoke sect75 against my original washing machine. For info, they have provided me with a letter confirming the above.

I just advised them politely that I wouldn't debate the above with them until they had provided me with written confirmation with regards any action that are proposing to undertake to fix my machine; obviously after I have provided them with the above info that they have requested.

I would be grateful if anyone could advise me of my position and how I should respond back to B/card.

Pls note that I live alone and have done so since I got the washing machines. I would guess that I have used my machined less than 3 times every 2 weeks; so I have used them less 300 times in the last 3 years. If I need to get an independent report produced to show this to B/card, I'm more that happy to do so. I presume that I can get B/card to pay for this report ?

Any advise would be most welcome.

stevet001

Hello,

Before Christmas I bought some software on the net from america. Costing around $2000, with a 30 day money back garentee. It was refunded by the company to the $, but the exchange rate had changed which meant that I was down nearly £300.

The credit card company has said I have to pay the £300, is there anything I can do about this?:mad:

Many Thanks,

Stephen

derrick

stevet001 wrote: »

Hello,

Before Christmas I bought some software on the net from america. Costing around $2000, with a 30 day money back garentee. It was refunded by the company to the $, but the exchange rate had changed which meant that I was down nearly £300.

The credit card company has said I have to pay the £300, is there anything I can do about this?:mad:

Many Thanks,

Stephen

Doubt it, this is the risk with different currencies, I wonder if you would be on here asking how to refund them £300. if the exchange rate went the other way?


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gdp1701

Pursuing Santander for a S75 refund (£1300). So far just got the standard "nothing to do with us" response, in fact they suggested I went to Trading Standards! Just want to check if anyone here can confirm that a failure to honour a warranty obligation (item failed after 6 weeks and had a year warranty - supplier initially agreed to fix and then broke off communication) and the consequential loss of having to pay separately to have it fixed are covered under S75. I'm pretty sure I'm on solid ground here. About to go small claims route and force them to defend rather than faff around with the ombudsman.

Cheers

goldilocksblue

derrick wrote: »

As they, (quite rightly), are asking for a report, then assuming it falls within the scope of the warranty, you will be able to claim back the cost of the report, write to them informing of such so that they cannot say at a later date that they had no knowledge of this.

By asking for the report they do seem to be taking ownership of the warranty, and unless they offer a cash settlement in place of the warranty then they will continue with ownership for it as if they where the retailer, i.e. the term stated on your invoice.

I had a similar problem with my computer a couple of years ago, had taken out an extended warranty for 4 years, when the company went bust I contacted the CC company, and after a few e-mails and letters they actually paid me back the full cost of the warranty even though it had been running for about 15 months.

Not sure how long it will take, companies do vary, but they should do so within a "reasonable time", as you will also be covered under the SoGA.



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I have waited until the claim was sorted out let you know what happened and have had some success in that I got refunds for the 2 reports that i provided to my card company and the refund for the work needed. I was however told that my warranty is with the manufacturer and not the dealer- fine except that i have just found out that the manufacturer went bust in Jan 09.
My claim started in May 10 and the person that I spoke to at the card company told me that she had been on their website and that i should e-mail the manufacturer to find out about other dealers who could take up the warranty so i now have to take that matter up with them again and am not sure what to expect or what i can ask for re the warranty - I am thinking that they will just cover the costs if anything that is covered goes wrong in the 5 years warranty period (I have 18 months to go)subject to a report or could you please tell me if Soga covers me for the 6 years (I don't think so but i could be wrong, hopefully )
My claim has only just been resolved (approx 8 months) due to the card company losing my letters or advising that they had not received them. It happened nearly every time i sent letters, no acknowledgments so i would wait 2/3 weeks for a reply (as advised by them at the outset)and query why no reply only to be told no letter arrived and on one occasion sent the same letter 3 times only to have to fax it .I was told they scan letters on arrival but on speaking to disputes was told my letters where scanned out of order,also some of their letters did not arrive.All other post sent to/from me arrived OK even their bills so it seemed the problem was at their end and has been quite annoying because I often spoke to people who were unhelpful at best and rude at worst and yes i did write a letter of complaint and after listening to these calls got an apology from them and was then dealt with in a timely and professional way but it has been very hard work and difficult to be polite at times but I did it:D
I was told that people give up on their claims and that is why no acknowledgement is sent or follow up made with customers!! so they still think it is best to leave customers to chase up and find out if letter have or have not arrived but i got there in the end and am grateful for your advice derrick - thank you:A

derrick

goldilocksblue wrote: »

I have waited until the claim was sorted out let you know what happened and have had some success in that I got refunds for the 2 reports that i provided to my card company and the refund for the work needed. I was however told that my warranty is with the manufacturer and not the dealer- fine except that i have just found out that the manufacturer went bust in Jan 09.
My claim started in May 10 and the person that I spoke to at the card company told me that she had been on their website and that i should e-mail the manufacturer to find out about other dealers who could take up the warranty so i now have to take that matter up with them again and am not sure what to expect or what i can ask for re the warranty - I am thinking that they will just cover the costs if anything that is covered goes wrong in the 5 years warranty period (I have 18 months to go)subject to a report or could you please tell me if Soga covers me for the 6 years (I don't think so but i could be wrong, hopefully )
My claim has only just been resolved (approx 8 months) due to the card company losing my letters or advising that they had not received them. It happened nearly every time i sent letters, no acknowledgments so i would wait 2/3 weeks for a reply (as advised by them at the outset)and query why no reply only to be told no letter arrived and on one occasion sent the same letter 3 times only to have to fax it .I was told they scan letters on arrival but on speaking to disputes was told my letters where scanned out of order,also some of their letters did not arrive.All other post sent to/from me arrived OK even their bills so it seemed the problem was at their end and has been quite annoying because I often spoke to people who were unhelpful at best and rude at worst and yes i did write a letter of complaint and after listening to these calls got an apology from them and was then dealt with in a timely and professional way but it has been very hard work and difficult to be polite at times but I did it:D
I was told that people give up on their claims and that is why no acknowledgement is sent or follow up made with customers!! so they still think it is best to leave customers to chase up and find out if letter have or have not arrived but i got there in the end and am grateful for your advice derrick - thank you:A

Any rights you had/have against the retailer you also have against the CC as they are jointly liable under S75, whilst SoGA will cover you "up to" 6 years it is not a warranty, it depends on certain criteria.

As both the retailer and the manufacturer have gone bust, any remedies required will be against the CC under S75, SoGA and the warranty, ( I cannot see another dealer taking ownership of the warranty).

Even though it has taken time, it does appear that the CC has come through, so hopefully if anything happens in the next 18 months, they will also come through, heres hoping nothing goes wrong.

Thanks for the update.


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sjward

Hi,

I appreciate this is entirely based on UK credit cards, but are there similar rules/laws targeting credit card companies overseas?

I am an English expat in Australia and wanted to know if there is any way of making use of this. Some credit cards have purchase protection applied as part of the benefits, I assume this is different from Section 75?

dazza.mk

sjward wrote: »

Hi,

I appreciate this is entirely based on UK credit cards, but are there similar rules/laws targeting credit card companies overseas?

I am an English expat in Australia and wanted to know if there is any way of making use of this. Some credit cards have purchase protection applied as part of the benefits, I assume this is different from Section 75?

Section 75 relates to UK legislation relating to credit agreements that are regulated under UK law

Craig-W

I've been trying to get a Section 75 claim resolved over a faulty car purchased last year. Since the dealer is refusing to acknowledge that the car was faulty (citing wear and tear), the CC company have said that they can't settle any claim under Section 75 and my only option now is to take the dealer to small claims court.

Is there any reason why I couldn't/shouldn't claim against the CC company instead? The dealer has been very aggressive in all dealings with them, so I do have some concerns over what may happen if I'm successful against them. Is the CC company a safer bet? Anything I should be careful of if going down that route?