Section 75 refunds - article discussion

KAZ005

Thanks for that, I'll await their written response and take it from there.
I do feel that I can't let this one go so easy, watch this space!

TradingStandardsRBWMonly

Derek_C wrote: »

Just an update everyone...

I'm not doing at all well. (See post 136 & previous). CC company still refuses to pay on the same basis. Tried Consumer Direct too, but they weren't much help at all. If I want to pursue this I guess I need to take formal legal action. Is it worthwhile or am I sending good money after bad by involving solicitors??

How did you get on? Did you win or drop it?

derrick

TradingStandardsOfficer wrote: »

How did you get on? Did you win or drop it?

Doubt you will get a reply to that, the poster only made 3 posts,all in relation to this, and the post you quote is nearly 3 years old.

.

KAZ005

Received the letter from the bank outlining why they won't pay out under section 75 because my husband does not benefit from the loan as it was our son doing the plumbing course but..as my husband was going to employ our son after he had completed this course, does this not count as a benefit for my husband? Should we contact the bank again or just write to the ombudsman? any advice anyone?

Optimist

KAZ005 wrote: »

Received the letter from the bank outlining why they won't pay out under section 75 because my husband does not benefit from the loan as it was our son doing the plumbing course but..as my husband was going to employ our son after he had completed this course, does this not count as a benefit for my husband? Should we contact the bank again or just write to the ombudsman? any advice anyone?

As previously stated

Optimist wrote: »

They are correct.

The course provided no benefit to your husband. You can go through the banks complaints process and then take it to the Ombudsman but the banks decision is unlikely to be overturned given the facts as stated.

Your options are to go through the banks complaints process, this is a must before the Ombusdman will even consider it, or go to court or you can even go to court after the Ombudsman.

If you are now saying that this was done in the course of your husbands business then Section 75 of Consumer Credit Act will still not apply.

Arnieboy

Long story, cut short - I purchased a trial flight which was cancelled due to weather conditions. I booked on the phone, and through distance selling regulations I believe I'm within my rights to cancel as the company have not informed me of any terms and conditions. I have requested a refund from them, which they are refusing. I paid on a Halifax Credit Card - it cost £110. As they have breached distance selling regulations, can I claim under Section 75?

Many thanks for any help.

Alisondoc

My husband bought a car for me. He paid the deposit on his credit card then the balance in a seperate transaction on the same card. We also part exchanged my old car to the value of £500. Four weeks later it needed a replacement engine . The garage was not interested in a refund or paying for repairs so we paid £400 . Two weeks later it went back to the garage to have the repair checked and they discovered it had dangerous almost non existent brakes and two illegal tyres (even though it had passed an MOT) This cost another £450 . I had to hire a car for three days costing £69. the amount paid on the credit card was £700 the repairs and car hire cost over another £900 . how much can we claim from the credit card company?? is it only what was paid on the card or the value of the trade in also

Pab01ducati

Hi All, first time posting. Really need some advice.

I purchased a brand new ford Kuga in september 2010 form a main Ford dealer and paid the balance of the vehicle on a credit card. 6 months after purchasing the car it developed a leak so i took it to Ford to fix. They said it was a manufacturing fault to do with sealant on the welds of the structure and fixed it under the 3 year warranty. 5 months after this a leak developed in another area. I again took it back and they said it was the same problem in a different area. Again they fixed it and assured me that it wouldnt happen again. Roll to April this year when the leak has returned in the original location. However, Ford are saying that they wont repair it because leaks are only covered by a 1 year warranty and the car is now 20 months old. I have contacted Ford uk chief exec, but what i want to know is can i get the card company to sort this for me under the section 75 agreement? Under the SADFART rules i would argue that a brand new car should last more than 20 months before it starts developing problems with the structure. The dealer is being bombastic and arguementative (surprise?) and looking for every excuse to not carry out the work under warranty. i really want to get this sorted.

Please help.

[Deleted User]

Pab01ducati wrote: »

Hi All, first time posting. Really need some advice.

I purchased a brand new ford Kuga in september 2010 form a main Ford dealer and paid the balance of the vehicle on a credit card. 6 months after purchasing the car it developed a leak so i took it to Ford to fix. They said it was a manufacturing fault to do with sealant on the welds of the structure and fixed it under the 3 year warranty. 5 months after this a leak developed in another area. I again took it back and they said it was the same problem in a different area. Again they fixed it and assured me that it wouldnt happen again. Roll to April this year when the leak has returned in the original location. However, Ford are saying that they wont repair it because leaks are only covered by a 1 year warranty and the car is now 20 months old. I have contacted Ford uk chief exec, but what i want to know is can i get the card company to sort this for me under the section 75 agreement? Under the SADFART rules i would argue that a brand new car should last more than 20 months before it starts developing problems with the structure. The dealer is being bombastic and arguementative (surprise?) and looking for every excuse to not carry out the work under warranty. i really want to get this sorted.

Please help.

You've paid part on a credit card, its over £100. So make a claim! Use the MSE template letter on the S75 page, and send to your card company. I would also try to obtain some sort of proof of the defect, maybe a report from a local garage? and enclose all relevant material.

Send copies of any evidence not originals. You must make sure that the card company cannot say "we haven't received your letter", you make sure you use registered post. You should expect the card company to reject your claim, as they want to save money. So be prepared to file a complaint with the ombudsman.

You should try to use the car as little as possible. I know this is often difficult, because of personal circumstances, however its almost impossible to prove that the vehicle is 'not fit for purpose' if you continue to use it.

If your card company agree to your claim but stipulate that you agree to waive any right to further claims in the future etc etc, don't agree but go to the ombudsman!

You never know you might end up with a new car in a few months (not a ford, get a VW :-p)

:-)

[Deleted User]

alisondoc wrote: »

My husband bought a car for me. He paid the deposit on his credit card then the balance in a seperate transaction on the same card. We also part exchanged my old car to the value of £500. Four weeks later it needed a replacement engine . The garage was not interested in a refund or paying for repairs so we paid £400 . Two weeks later it went back to the garage to have the repair checked and they discovered it had dangerous almost non existent brakes and two illegal tyres (even though it had passed an MOT) This cost another £450 . I had to hire a car for three days costing £69. the amount paid on the credit card was £700 the repairs and car hire cost over another £900 . how much can we claim from the credit card company?? is it only what was paid on the card or the value of the trade in also

Although you can claim for consequential costs from the card company, it gets more complicated. However, given the conduct of the company you've bought the car from, i'd perhaps consider getting some professional legal advise and take them to small claims court. If what you have said really is the case, a judge should see things pretty straightforward!