Section 75 Claim Against Multiple Creditcards

GKWelding

My partner and I have found ourself in a situation where we have been sold a vehicle that was supposed to be 'like new', however, after a while and a few garage visits later we have found out the vehicle has been in a major accident and that the vehicle has sub-standard repairs that make the car dangerous. However the original company we have bought the vehicle off have gone bust and as such, we are pursuing the credit card company under section 75.

Now the problem arises that we paid the majority of the car off with cash, then, to cover ourselves, we paid £1,500 in £500 batches on 3 different credit cards.

My question is this, do we have to apply to all 3 credit cards under section 75, or can we choose one and just pursue them? I have tried to Google this, and I have also searched the forums using several different phrases and keywords but cannot find any similar topics.

Thanks in advance.

GKWelding

does nobody know the answer to this then?

Freddie_Snowbits

GKWelding wrote: »

does nobody know the answer to this then?

I guess the answer is not.

Hintza

GKWelding wrote: »

we paid £1,500 in £500 batches on 3 different credit cards.

To be sure, to be sure, to be sure?

(Sorry I'll get my coat)

Freddie_Snowbits

Hintza wrote: »

To be sure, to be sure, to be sure?

(Sorry I'll get my coat)

Ah, so another £1,500 car

gnaril

thats a tricky one that you have mate.

If you do have a valid claim then each card is liable. In practice I would have to imagine that they would of course cover each amount paid on their own card and they would be looking at spliting the cash element 3 ways via each of the other banks.

I assist with Section 75 claims and your scenario with the 3 different cards is not something I have ever come accross.

You could probably just pick one of them and go after then but the bank 100% is going to push this back to the other card companies as they are not going to take a loss to themselves where the other bank has partial liabilty.

fthl

it is joint and several liability, so you could just pick one. What are the cards? Some might be related now, with mergers and buy outs etc.

GKWelding

Just a quick update on this situation.

Firstly, you can just select one credit card to file the claim against, it is then up to that one credit card supplier to chase the others if they want to.

Secondly, they'll try and give you some crap about them being able to offer you a repair or a refund at their discretion. INCORRECT. Don't let them get away with this, Section 75 relates to refunds only.

Now to get down to the outcome of the above claim.

We managed to get all of the money back successfully (£10,190.90)! This included the full cost of the car, the cost of 3 sets of tyres where rapid wear was caused by the frame being so horribly misaligned, the cost of an independent engineers report (£235!), the phone calls associated with arranging the engineer (£5) and the cost of an additional HPI check as the original was no longer available (motor company had gone bust).

This whole process took around 6 months but at the end of the day we got every last penny back and that'd what really matters. The bank took possession of the vehicle as you would expect, although they did offer us a reduced settlement, around £5,000, if we wanted to keep the vehicle.

Before their legal team even looked at the documents we provided Tesco offered to give us the value stated on the engineers report to repair the vehicle (£1,200) as full and final settlement. This wasn't really acceptable to us as the engineer had stated that he hadn't been able to inspect the sub-frame properly but he suspected that it was also damaged and as such the repair costs would go up significantly.

All in all it wasn't an unpleasant experience dealing with Tesco bank regarding this matter, it was just a shame it took 6 months of going backwards and forwards via letter/email providing more evidence etc... I guess the moral of the story is, if you know you're within your rights to claim then you just need to have the bottle to stick it out and say no to all the bs/offers in between.

fthl

they'll try and give you some crap about them being able to offer you a repair or a refund at their discretion. INCORRECT. Don't let them get away with this, Section 75 relates to refunds only.

I don't think this is true - a s75 claim can lead to any contractual remedy - repair, replacement, refund, comp etc.

fluffnutter

Great outcome, GK.

GKWelding

fthl wrote: »

I don't think this is true - a s75 claim can lead to any contractual remedy - repair, replacement, refund, comp etc.

The company can choose to offer you what they want as full and final settlement, this is true, and you have the right to accept it. However, if it then goes to their legal team and they make a decision, the only thing they can offer you under S75 is a refund. Any other offer of repair/replacement comes from the company as full and final settlement. Maybe I should have expanded on this a little more in my original post.