s75 Rights help

patelmas01

Dear all,

Hope someone can help me.

I hired a luxury car from a company and paid them a £2000 deposit on my credit card, I did not take a copy of the contract though they have their standard terms on their website. The car was returned with no problems whatsoever and in pristine condition, this was not disputed. I then asked for refund of the deposit and was promised it would be done, however a few days later the trader refused saying they had been advised by the Police that they had received complaints of how the car was driven!!!! To my shock I contacted the Police who said they were simply chasing a complaint from a neighbour about noise (the car was a high performance sportscar).

The retailer now refuses to engage with me on this even to the point of not even supplying a copy of the contract, and telling me to do whatever I wish!

As I had paid on my credit card I thought I had some legal redress and therefore claimed under their chargeback scheme. I have now received a letter stating that they are unable to offer any assistance and would only be able to do so if the retailer is in clear breach of contract. They also state that due to the lack of documentary evidence in support of my claim they have no recourse to the retailer. They end by saying that although they cannot process a claim I should pursue the matter with trading standards or Citizens Advice Bureau.

Having read numerous posts on the internet re: s75 it appears they cannot simple do this as they were jointly and severely liable for breach of contract.

What advice can you give me in terms of taking this matter forward against both the Credit Card company and this rogue trader who should not be allowed anywhere near a CC machine.

Its a lot of money for me, and this was my wedding car. I am desperate for help as this has pushed me into debt. Please please help.

Many thanks in advance.

Mas

jacques_chirac

Can you provide some documentation from the police to confirm the matter has been resolved/ no further action will be taken?

patelmas01

jacques_chirac wrote: »

Can you provide some documentation from the police to confirm the matter has been resolved/ no further action will be taken?

They dont have any documentation to give. It was a simple casual response to a complaint made by a neighbour. They did not take any further action nor was any paperwork produced. I could of course ask them to provide in writing.

OlliesDad

patelmas01 wrote: »

They dont have any documentation to give. It was a simple casual response to a complaint made by a neighbour. They did not take any further action nor was any paperwork produced. I could of course ask them to provide in writing.

I would be inclined to send a Letter Before Action (Google for templates) by recorded delivery giving them 14 days to respond otherwise you will initiate small claims action. If after 14 days there is no response you should raise a claim.

patelmas01

OlliesDad wrote: »

I would be inclined to send a Letter Before Action (Google for templates) by recorded delivery giving them 14 days to respond otherwise you will initiate small claims action. If after 14 days there is no response you should raise a claim.

I have read the following from the ombudsman, which states there is no requirement to sue the trader in the first instance. Further down it also has a case example of a complaint upheld in a similar case.

"We often encounter some common misunderstandings when assessing these cases. The first is the belief among some lenders that consumers can only claim against them after they have first sued the provider of the goods or services. In fact, no such requirement exists and consumers can choose which party to claim against."

financial-ombudsman.org.uk/publications/ombudsman-news/62/62-consumer-credit.htm

that seems to imply I can proceed with pursuing the Card company. Any views on this appreciated.

dalesrider

patelmas01 wrote: »

I
that seems to imply I can proceed with pursuing the Card company. Any views on this appreciated.

Don't post the same subject in 2 places....

Opps

Your danger is there is no breach of contract. And the CC will stand by what the retailer has said.

Hintza

patelmas01 wrote: »

that seems to imply I can proceed with pursuing the Card company. Any views on this appreciated.

Well you have tried that and they have rejected this, so if you wish to proceed please follow Olliesdad's suggestion.

Or is there more to this?

George_Michael

dalesrider wrote: »

Your danger is there is no breach of contract. And the CC will stand by what the retailer has said.

Surely if that contract stated that any deposit paid would be returned at the end of the rental period provided that there was no damage or other charges due, then they are indeed in breech.

Originally Posted by patelmas01
They did not take any further action nor was any paperwork produced. I could of course ask them to provide in writing.

I think that you will need to do this and pass on to the credit card company and the rental company the fact that the police have stated that the matter is closed.