Section 75 refunds - article discussion

meer53

If the total of the purchase is over £30k Section 75 doesn't apply i'm afraid.

KTM_Gordo

valcoal wrote: »

in Portugal Of €34000 of this €6000 was on a credit card

You're within the £30k limit, but I don't know if the rules extend to foreign transactions.

Nifty_Fifty

Can anyone advise re: the best way to go about obtaining a refund under S.75 for faulty goods please? Second hand van paid for by credit card and the gearbox went wrong within 3 months - as this was a fairly new van, not high mileage, this should not have happened. It needed to be replaced along with a new clutch. We were quoted £1000 (but managed to get a cheaper quote from a local mechanic) - went back to the car dealer with a friend for support - the dealer didn't want to know, refused to discuss the matter with anyone else present. He says it's not his problem and that he had sold the van at a lower price in exchange for a limited 7 day warranty - the most he offered was to recommend his own mechanic who could do it cheaper , but by then we had no faith in this dealer so went ahead with our own mechanic as we needed the van for business etc. We were also without the vehicle for over a week while this was being sorted out. We also have a nice oil stain on our new block paved drive as a result of this fault!

Should we go back to the dealer with the invoice for the repairs, or would it be better to just go direct to the credit card company and ask for a refund of the cost of the repairs. We are reluctant to let this dealer "off the hook", as we are sure we have some rights here, but for the sake of a hassle free life (we've had a bit of a bad year to say the least) would it be better to claim from the credit card company and, if so, what proof/evidence etc will we need to present to them? Any advice would be very welcome before we wade in with our size 10 boots and possibly give ourselves more grief. To date, there has only been a verbal exchange with the dealer - should we also write to him requesting payment of the cost of repairs before we try and claim from the credit card company? Or should we be thinking about suing the dealer instead?

Dvnr

I need help. My claim under section 75 has been refused. Briefly explaining a long and complicated story, 2 years ago I purchased breast implants for my wife from a clinic called Surgicare in Manchester. These implants ruptured about a year later and it turned out they were manufactured by a company called PIP in France, these implants have recently been the subject of a product recall in France as the manufacturer used an unapproved and untested gel to fil them. I went back to the clinic stating that under the sale of goods and services act they were responsible for the cost of any surgery to rectify the problems. The clinic refused to carry out further surgery unless I paid a further £1995 hospital fees. I ended up paying this money under protest to enable the surgery to go ahead, with a view to claiming it back at a later date. Soon after the company went into receivership. The assets of the company were bought but not the debts and the new owners continue to trade as Surgicare. I approached Barclaycard as I paid for the implants on my Barclaycard. Barclaycard agreed to pay £1995 as full and final settlement, I informed them that I wished to make a further claim for consequential losses as my wife has had to undergo several further surgeries to rectify issues cause by the faulty goods. Barclaycard refused stating they did not believe there had been a breach of contract by Surgicare despite the goods being miss described and unfit for purpose. I referred the case to the Financial Ombudsman who have stated that as I paid for the goods for my wife I can not make a section 75 claim. The office of fair trading disagree. I am now stuck at an impass as a solicitor I have spoken to agrees with the ombudsman and will not take on the case. Any advice or help would be greatly appreciated. PIP have also gone into administration.

dollsalsa

Hi,
Does section 75 also cover me if I pay for a second hand car via credit card and it develops faults and the retailer does not admit any liablility?

derrick

dollsalsa wrote: »

Hi,
Does section 75 also cover me if I pay for a second hand car via credit card and it develops faults and the retailer does not admit any liablility?

You have the same rights against the CC issuer as you do against the retailer,(dealer), so give them a call and ask for a S75 claim to be initiated.


.

Nifty_Fifty

derrick wrote: »

You have the same rights against the CC issuer as you do against the retailer,(dealer), so give them a call and ask for a S75 claim to be initiated.


.

What happens if the goods were purchased by credit card on behalf of someone else, e.g. a second hand car which they needed urgently and did not have the ready cash available, they then paid you back, but the goods remained in their name? The vehicle then broke down after a coupe of months and the retailer refused to offer any refund or payment towards repairs.

Optimist

Nifty_Fifty wrote: »

What happens if the goods were purchased by credit card on behalf of someone else, e.g. a second hand car which they needed urgently and did not have the ready cash available, they then paid you back, but the goods remained in their name? The vehicle then broke down after a coupe of months and the retailer refused to offer any refund or payment towards repairs.

Your claim will be rejected. The contact with card company is in your name not the person who you bought the car for.

Nifty_Fifty

Optimist wrote: »

Your claim will be rejected. The contact with card company is in your name not the person who you bought the car for.

Thanks - I had a terrible feeling you were going to say that! I wonder what the chances are of going after the dealer as this was a fairly new van and the mechanic who repaired it states it should not have broken down within such a short time after purchasing it. Is the dealer under any obligation to prove the van was in good condition when he sold it? He made a point of pushing the 7 day warranty rather than a longer one, so he says, for a lower price. Would we have any rights under the sale of goods act? I hate anyone being ripped off by these dodgy dealers, and especially when it's a member of your own family who can hardly afford it.

shopper150

I purchased a brand new vacuum cleaner in October using my Amex card.

I only started using it in Decemeber, and it is now faulty after only 2 weeks use.

The manufacturer is offering to repair it, but I would like a full refund.

Can I reject the goods and claim a refund? Do I use section 75?