Section 75 Claim

Johnnyf

Hi all

A little help if anybody could help me, i recently puchased a car for 13K abd on the second day i notice a noise i duly returned the car and it was diagnosed as a failing gearbox also the brakes squeeled and the radio was intermittent.

The garage took it in alledgedly repaired the faults, but all the faults remained, i contected the garage and without going on he told me to take it elsewhere.

Anyway after eight weeks enough was enough and i asked him to have it back and give me a full refund he refused and claimed i had no legal right, anyway he took the car back and i lost lost 3K, so i have claimed section 75 as i paid the deposit on credit card, they have also now refused any responsibility as i have returned the car and they claim i have made financial settlement err no.

Is it right that section 75 is here to protect the consumer when things go wrong or should i just write 3K off

Any help on the section 75 subject would help

Thanks

chanz4

no you returned it, deal over

dalesrider

Johnnyf wrote: »

i recently puchased a car for 13K

Anyway after eight weeks enough was enough and i asked him to have it back and give me a full refund he refused and claimed i had no legal right, anyway he took the car back and i lost lost 3K,

so i have claimed section 75 as i paid the deposit on credit card, they have also now refused any responsibility as i have returned the car and they claim i have made financial settlement err no.

Is it right that section 75 is here to protect the consumer when things go wrong or should i just write 3K off

Thanks

So you lost 3K in 8 weeks..... Ouch.

But your credit card co are right. You agreed to the deal to return the car.

Had you talked to them and sought their advice beforehand. You may have had a case to claim. but after you resolved the issue yourself. That is the end of the matter, as you absolved them of any comeback.

chattychappy

Johnnyf wrote: »

Is it right that section 75 is here to protect the consumer when things go wrong or should i just write 3K off

The effect of section 75 is to make the CC jointly and severally liable with the merchant for performance of the contract. It doesn't offer any additional rights over the rights you have anyway - just forces the CC to stand shoulder to shoulder with the retailer in delivering on those rights.

If you agreed to take the 3K hit when you returned the car, then I agree with the previous posts. If, however, you returned the car demanding a full refund but were refunded 3K short - and you didn't agree to this, then the dispute is still running and you might indeed have a claim against the CC.

Crabman

I'm in the middle of a Section 75 claim and nobody should expect any credit provider to play fair. They will behave like idiots and deliberately frustrate the customer in an effort to make the claim go away.

Keep correspondence in writing, be clear and firm about what happened and if in 8 weeks they've not resolved the matter to your satisfaction, refer it to the Financial Ombudsman Service.

There's further info about Section 75 as well as case studies on the FOS site:

http://www.financial-ombudsman.org.u...th-credit.html

http://www.financial-ombudsman.org.u...section75.html