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Section 75 Claim
ivcvc
Posts: 1 Newbie
in Credit cards
I bought a car from a dealer 12 March (with a 'limited warranty' although I received nothing explaining how limited the warranty was). I paid part in cash and £895 by credit card.
I returned the car on 15 March as two fault lights were showing. I received the car back on 16 March then on 18 March the alternator light came on. I took the car back again and was told that the alternator, the coil pack, the camshaft sensor and the electronic control unit had failed and needed to be replaced. They replaced the coil pack and agreed to pay the labour costs and half of the cost of the alternator but would not cover the cost of the camshaft sensor nor the cost of the ecu and asked me to obtain a new ecu for them, which I duly did. The total cost I had to pay for the parts was £611.00. As a result of the faults I was unable to use the car from 18 March until 12 May. However for part of this time I was given a loan car by the garage for which I am grateful.
I made a Section 75 claim for the £611.00 by email to the bank which I confirmed by fax on 26 May. They informed me that they would write to the garage. They replied a few weeks later saying that the garage had not responded and that they would write again. I have now received a letter from the bank saying there was still no response from the garage and therefore that I should 'obtain independent advice on any other action I could take'.
I really have three questions:-
Do I have a legitimate claim on the bank for the money I had to pay out? If the dealer chooses not to respond to the bank does this weaken my case? What else can I do to obtain redress.
Your advice would be much appreciated.
I returned the car on 15 March as two fault lights were showing. I received the car back on 16 March then on 18 March the alternator light came on. I took the car back again and was told that the alternator, the coil pack, the camshaft sensor and the electronic control unit had failed and needed to be replaced. They replaced the coil pack and agreed to pay the labour costs and half of the cost of the alternator but would not cover the cost of the camshaft sensor nor the cost of the ecu and asked me to obtain a new ecu for them, which I duly did. The total cost I had to pay for the parts was £611.00. As a result of the faults I was unable to use the car from 18 March until 12 May. However for part of this time I was given a loan car by the garage for which I am grateful.
I made a Section 75 claim for the £611.00 by email to the bank which I confirmed by fax on 26 May. They informed me that they would write to the garage. They replied a few weeks later saying that the garage had not responded and that they would write again. I have now received a letter from the bank saying there was still no response from the garage and therefore that I should 'obtain independent advice on any other action I could take'.
I really have three questions:-
Do I have a legitimate claim on the bank for the money I had to pay out? If the dealer chooses not to respond to the bank does this weaken my case? What else can I do to obtain redress.
Your advice would be much appreciated.
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