Section 75 claim refusal

ManicMum

Hello

I took out a S75 against MBNA. We are doing up a Citroen car and bought a part for it in July 09. It arrived and was a peugeot part. We queried it and was told it was compatible with Citroen (as some parts are). The car was at the stage where we were ready to fit this part in July this year. The car would not accept it. By this stage the car was at a diagnostics centre so the part was thoroughly tested and mechanic assured us it was not compatible.

The company refused to answer our correspondence so went to MBNA. We initially had some response from them that sounded encouraging but then finally got phone call from someone that just said there was nothing they could do and we should just sell the part. This is impossible as we don't know what car it is from. We waited for a final response letter but it never came.

Eventually end of November, I wrote to MBNA again. This time we got our response in writing within a couple of weeks. It said they could not help us as neither the merchant nor they could understand why we didn't contact the company originally in July 09. This is ridiculous as we did. The company itself have been the most unhelpful fraudsters going. We have since discovered there are lots of bad reviews about them swindling others, lying and cheatiing to get a sale.

I appreciate some time has elapsed but we are not complaining the items are defective - they probably work fine in the right car. What we are upset about is that we were sold the wrong product and were lied to to secure the sale. That is fraud. The car we are doing up is an unknown quantity so that is why it took a while to get it to the stage where we could fit this part.

Other thing is that MBNA surely were not following procedures properly by ringing us up and telling us to sell the item? Then providing no final response. Obviously we are aware of the procedure in these matters but by not sending a final response, they were potentially denying someone the chance to take the matter to the ombudsman. Do we have a case based on any of this? This is not the first complaint we have made under S75 where we have had phone calls from them telling us there was nothing they could do and to go away. How many people just accept their word and do go away? Handy for MBNA that.

thanks for listening.

YorkshireBoy

ManicMum wrote: »

Obviously we are aware of the procedure in these matters but by not sending a final response, they were potentially denying someone the chance to take the matter to the ombudsman.

I don't think you are!

You can go to the FOS 8 weeks after raising your complaint...whether you've received a final response or not.

In the unlikely event that we are unable to resolve your complaint within 8 weeks of receipt, or if you are not satisfied with our final response, you can contact the Financial Ombudsman Service:

http://www.mbna.co.uk/contact-us/complaints-procedure/index.html

I've emboldened the key word.

thenudeone

Once, I was told by Halifax that effectively, I would have to sue them to get them to pay up on a s75 claim.
Eventually I used the legal service provided as part of my house insurance to pester the supplier to give me a refund, so I did not need to sue them.
Keep with it and keep us updated.

Percy1983

What part was it out of interest, I ask as it is the citreon/peugeot group to which most parts are the same and fit many models across both manufacturers models.

dazza.mk

ManicMum wrote: »

Hello

I took out a S75 against MBNA. We are doing up a Citroen car and bought a part for it in July 09. It arrived and was a peugeot part. We queried it and was told it was compatible with Citroen (as some parts are). The car was at the stage where we were ready to fit this part in July this year. The car would not accept it. By this stage the car was at a diagnostics centre so the part was thoroughly tested and mechanic assured us it was not compatible.

The company refused to answer our correspondence so went to MBNA. We initially had some response from them that sounded encouraging but then finally got phone call from someone that just said there was nothing they could do and we should just sell the part. This is impossible as we don't know what car it is from. We waited for a final response letter but it never came.

Eventually end of November, I wrote to MBNA again. This time we got our response in writing within a couple of weeks. It said they could not help us as neither the merchant nor they could understand why we didn't contact the company originally in July 09. This is ridiculous as we did. The company itself have been the most unhelpful fraudsters going. We have since discovered there are lots of bad reviews about them swindling others, lying and cheatiing to get a sale.

I appreciate some time has elapsed but we are not complaining the items are defective - they probably work fine in the right car. What we are upset about is that we were sold the wrong product and were lied to to secure the sale. That is fraud. The car we are doing up is an unknown quantity so that is why it took a while to get it to the stage where we could fit this part.

Other thing is that MBNA surely were not following procedures properly by ringing us up and telling us to sell the item? Then providing no final response. Obviously we are aware of the procedure in these matters but by not sending a final response, they were potentially denying someone the chance to take the matter to the ombudsman. Do we have a case based on any of this? This is not the first complaint we have made under S75 where we have had phone calls from them telling us there was nothing they could do and to go away. How many people just accept their word and do go away? Handy for MBNA that.

thanks for listening.

Out of interest can you prove the misrepresentation, as given the time that has passed I would doubt you would get very far with a Section 75 claim without such proof.

[Deleted User]

90% of the parts are interchangable. Odds are it was the wrong part all together you ordered.

Hell, I have a 1.4 TDCi Fiesta sitting in the garage that has Peugeot stamped injectors and pipework.

ManicMum

It was the brake block ECU. It isn't interchangeable. We can't prove the misrepresentation. how could we unless we'd taped the phonecall? Therefore that would seem unfair as well. You expect a company dealing in spare parts to be knowledgeable in these matters so you trust them. Makes my blood boil that they can rip people off and get away with it.

It is a Citroen C4 Grande Picasso. The new Citroens are a nightmare. You can not just substitute parts, as we have found out. Even when you take a part of another identical model car, it won't always accept it as it has not been coded to your particular vehicle.

It just doesn't seem fair that companies can tell you lies and then get away with it. The company has ignored all correspondence from us to remedy the situation.

We will go to ombudsman. Nothing to lose.

Percy1983

I do think you are fighting a loosing battle, but as you say you have nothing to lose.

But you may just have to cut your losses and sell it.

MrsManda

ManicMum wrote: »

It was the brake block ECU. It isn't interchangeable. We can't prove the misrepresentation.

What does your order/invoice say? - this is a way of providing misrepresentation i.e. you did not receive the part you ordered.
Did you order a brake block for a Citroen and receive one for a peugeot? -

ManicMum

MrsManda wrote: »

What does your order/invoice say? - this is a way of providing misrepresentation i.e. you did not receive the part you ordered.
Did you order a brake block for a Citroen and receive one for a peugeot? -

Hi

the invoice clearly has our vehicle model and make and registration number on it so they were well aware of what make etc it was. They sent a Peogeot part and we immediately queried it. Why would we have kept a Peugeot part for a Citroen unless we were told it was compatible? It wouldn't make sense.

If the company were so genuine, then why ignore our correspondence? Because they are sharks. Wish we'd reviewed them first as others have said not to deal with them.

Grrr. Makes me so angry that these scum bags are out there ripping off hard working folks and then getting away with it.

thanks

savingjunkie77

Is it worth reporting the company to Trading Standards, if there are hundreds of complaints against them. My advice would be to try and sell the part, you may make a small loss or a profit you never know.