Section 75 claim refusal

crittertog

ManicMum wrote: »

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.

If the invoice car the car make/model/reg plate, then the intended use is obvious to the retailer, and therefore you can argue "not fit for stated purpose" under the Sales of Goods Act. The elapsed time-frame is somewhat stickier - you have to inform the retailer within a "reasonable period", which is dependent upon circumstances - in the OFT's example, they say a year may be appropriate for a pair of skis. However, you state that you quickly queried it with the retailer, so it may be deemed that the dispute started there. Note that it is not a requirement for you to seek redress from the retailer first - the card company is jointly and severally (separately) liable.

Sounds like a trip to Citizen's Advice or similar is in order, as you may benefit from trained advice.

I would also look at complaining to the Ombudsman, due to the poor handling of the complaint, who have sent companies to the "naughty step" for summarily dismissing valid complaints (compensation at £25/hr for wasting customer's time). Most companies will try to avoid this, as it costs them circa £700 win or lose.

The referenced OFT guide can be found here:
http://www.oft.gov.uk/business-advice/treating-customers-fairly/sogahome/sogaexplained

ess0two

Does the fact that you bought the part 18 months previously have any bearing with the supplier and the cc.

Percy1983

Being an ECU, is the fitting the same and its just the 'software' which is wrong, it may be possible to get it flashed with the correct software.

ManicMum

Thanks Crittertog. Yes, I am of the opinion that i even if I lose it will cost MBNA a fee of some sort if I go to Ombudsman. This is second time they have refused to answer a letter of complaint undre S75 and have made phone call instead saying basically we have no case and to go away.

the first time we complained again and they sent us letter to say, although they still disagreed we had a valid case, they would refund out of 'good will'. Ha, ha. So grateful MBNA. more like you wanted to save yourself the case fee. That was for £140. This time it is £275.

Can't even sell the part as don't what vehicle it is from. How can I advertise? Random Peugeot model part for sale? Any takers?

Fricking hate MBNA. Can we cancel our cards with them now or do we need to remain customers whilst this is going on?

Thanks