Section 75 refunds - article discussion

Pab01ducati

Thanks for the advice. Needless to say i will never buy from Gowrings Ford ever again.

Pab01ducati

Good news is Ford have agreed to sort the car out with just the threat of legal proceedings. But I still intend to file a section 75 just in case this happens again.

Thanks again for your help.

Alisondoc

chrisross693 wrote: »

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!

Thanks , Just wondering if it will be worth the hasstle as it is a small garage and even if I won a claim I might not be paid out

[Deleted User]

alisondoc wrote: »

Thanks , Just wondering if it will be worth the hasstle as it is a small garage and even if I won a claim I might not be paid out

Your not claiming off the garage, a Section 75 claim is with your credit company. They are jointly liable for any claim. So the money comes from them not the garage.

If you take the garage to court that obviously has pros and cons, the one being you still might not get your money. You situation is obviously quite complex, I really would get some legal advice.

DaveW007

Well I logged a complaint to my credit card company with regard to a warning light on my car.

The credit card company rejected my claim as Vauxhall have never accepted that there is a fault with the particular model of vehicle I have! My credit card company also advised that the fault could have occurred outside of the warranty I was given.

I have contacted Vauxhall directly and my initial emails went unanswered. I persisted with them and they have now stated, "we are unable to assist with any costs incurred with any repairs necessary on your vehicle due to its age. Any further comments will be kept on our system for reference only."

So again Vauxhall are washing their hands. There is a considerable amount of info on the Internet concerning emissions warning lights coming on on various models of Vauxhall cars.

Where do I go now?

[Deleted User]

DaveW007 wrote: »

Well I logged a complaint to my credit card company with regard to a warning light on my car.

The credit card company rejected my claim as Vauxhall have never accepted that there is a fault with the particular model of vehicle I have! My credit card company also advised that the fault could have occurred outside of the warranty I was given.

I have contacted Vauxhall directly and my initial emails went unanswered. I persisted with them and they have now stated, "we are unable to assist with any costs incurred with any repairs necessary on your vehicle due to its age. Any further comments will be kept on our system for reference only."

So again Vauxhall are washing their hands. There is a considerable amount of info on the Internet concerning emissions warning lights coming on on various models of Vauxhall cars.

Where do I go now?

What you have here is known as deadlock. Its now time for the financial ombudsman.

I'd think it wise to obtain a report from a reputable dealer/garage, identifying the fault, repair costs and it should preferably note that this shouldn't happen on a car of this age. This can be used as evidence for the ombudsman. Any further evidence you can gather will be useful.

Then submit a complaint, against the credit card company. Your claiming that the ECU has not lasted a reasonable length of time. You could also argue that given that Vauxhall now offers a limited lifetime warranty on their cars, they themselves now expect them to last more than a couple of years.

If you do not want to do that you could try firing off a letter/email to vauxhall threatening immediate legal action unless they repair the car.

If you want to word your letter/complaint better, contact the Citizens advice bureau, they'll be able to help.

[Deleted User]

Pab01ducati wrote: »

Good news is Ford have agreed to sort the car out with just the threat of legal proceedings. But I still intend to file a section 75 just in case this happens again.

Thanks again for your help.

You can't submit a claim if they have agreed to repair the car! You won the simple way! The card company will reject your claim as will the ombudsman if ford do repair the car for free.

Please don't be economical with the truth to the credit card company, you'll leave yourself open to a horrendous amount of potential legal liability.

DaveW007

chrisross693 wrote: »

What you have here is known as deadlock. Its now time for the financial ombudsman.

I'd think it wise to obtain a report from a reputable dealer/garage, identifying the fault, repair costs and it should preferably note that this shouldn't happen on a car of this age. This can be used as evidence for the ombudsman. Any further evidence you can gather will be useful.

Then submit a complaint, against the credit card company. Your claiming that the ECU has not lasted a reasonable length of time. You could also argue that given that Vauxhall now offers a limited lifetime warranty on their cars, they themselves now expect them to last more than a couple of years.

If you do not want to do that you could try firing off a letter/email to vauxhall threatening immediate legal action unless they repair the car.

If you want to word your letter/complaint better, contact the Citizens advice bureau, they'll be able to help.

Thanks for your advice. Been speaking to a colleague who also has the same problem on his wife's car (different model than mine too). Looking on the Internet there are loads of posts from unhappy motorists with the same issue. My colleague advised on setting up a Facebook group and rely on people power.

Can I post the name of the group here? (Not sure if this is allowed!!!)

CJCollins

I bought six tickets to Tenerife using my Nationwide Credit Card. When we got to the airport we were delayed because there was only one person manning the check-in desk despite it being Saturday before half term! We queued for over an hour. Then security held us up by another 30minutes for a spot check and the result was we missed our flight. We had to shell out another £1,680 on alternative flights and 3 of us had to wait 3 days. We missed 3 days of our holiday.
I have complained to the airline but don't expect much help. Would I be covered under Section 75 for this?

sarahjm-g

I am looking for some advice about an issue I am having getting a refund for an overseas transaction. We paid a deposit for hiring a boat whilst abroad (France), but they then cancelled it due to bad weather. However they are now refusing to issue a full refund because they said they still did work towards arranging the hire and had to come out to meet us to tell it was cancelled, taking up their time.

It is further complicated by the fact that when I said I would bring the credit card company into the matter they then agreed to the refund, but would only refund to a bank account, as opposed to the credit card as it was an overseas transaction. However, they then did not issue the full refund, leaving us 200eur short.

The credit card company is now saying either we can accept the loss, or we can refuse the refund they have given us and send it back (costing us £40 to do so) in order to claim the full amount on the card. Is this correct under section 75? Or should the credit card company be liable for the 200eur that we're missing?

Thanks for your help