S75 Rights

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

[Deleted User]

What do their website terms say regarding reasons for the potential loss of a deposit?

patelmas01

Deleted_User wrote: »

What do their website terms say regarding reasons for the potential loss of a deposit?

Having checked, this is the only thing that is apparent,

"xxxxx Cars will provide refunds to those who are not in breach of any of our terms and Conditions."

There is nothing in the terms and conditions that remotely match the reasons verbally stated for not returning my deposit.

(As you can appreciate I have taken out their name.)

Herbalus

Sorry for asking, but did you make excessive noise with the car? Complaining to the police about normal (even quite loud) exhaust noise isn't something a normal neighbour would do. If you are absolutely convinced that you have done nothing wrong, you can do the following:

Send a letter before action to the car company, telling them that their reason for not refunding the deposit is not in the terms and conditions, and that if they don't offer a refund within 7 working days then you will take it to the small claims court, unless they can quote which terms you have broken in order for them to not refund. Don't speak to them on the phone. Use letters.

Also clarify that the police complaint was due to noise and did not in any way mean that the car was damaged or used inappropriately.

On the 7th day, file a claim in the small claims court.