Post office credit card dispute section 75

shibiddy

Hello all I need some advice on my next steps if any..

I bought a car from a person posing as a trader. I paid by credit card stupidly i did not get his address and we did the trade outside on a public road. It was just after christmas and I thought maybe his premises was closed and he traded that way due to those reasons plus is was after 6pm.

I trusted him paid and off i went I did get a signed paper where he wrote sold and discounted to show any/all faults and test driven.

So the next day i notice a rattle which got louder as the day went on a few days later this rattle was so loud that i could not drive the vehicle I called rac had an inspection took it to my local garage to be quoted £780 for repair to the suspension,bushes and also some abs and airbag faults. The car was not fit for the road and two other faults which i could not repair at the time were the horn not working and two new tyres required. I paid for the repairs. This fault was not apparent at the time of purchase.

I made a claim to the credit card company under section 75 asking for my £780 back and an extra £500 for the pending repairs.

They refused my claim and i will type exactly why as per letter.

You have provided a handwritten note from the seller which appears to say discount to show all/any faults test driven and sold all good. Therefore it appears to the bank that you accepted the vehicle as seen and as a result there does not appear to be any breach of the contract or misrepresentation by the supplier as you accepted disdount price on the vehicle due to faults with the vehicle.

He did however say the car comes with full year mot which it does not it only has 4 months
He also stated the mileage lower than it was in the advert
He claimed the car had full service history which it did not
And the faults i was made aware of were smaller faults such as a window not working and interior damage.

If i were a mechanic i would know the suspension was faulty. He gave me his word that any problems he would fix however after i tried contacting him when i got the estimate he was unwilling to help and blocked my number

My question is what options do i have now

eskbanker

You'd normally have the small claims route but if you didn't even get his address then that's probably not an option.

Afraid to say you'll probably just need to put this down to experience and be much more careful next time - obviously hindsight is always 20/20 but there are a number of warning signs that you did spot (no address, public road, after 6pm, handwritten note, etc) plus a bunch of things that you should have spotted (checking mileage, MOT certificate, service history, tyres required). Coupled with the fact that your s75 claim has been rejected, it's difficult to see any other avenues that you could pursue....

jonesMUFCforever

If you want the truth you have no options worth pursuing.
How does a road side trader offer credit card payments- what showed up on your credit card statement.
All else you need to PROVE what he said was not true or incorrect.

shibiddy

he had a card machine and on my statement it showed up as a company that was not a car company but possibly a used furniture store

Is chargeback not an option?

shibiddy

Id like to update so anyone facing a similar issue can use for reference. I contacted the financial ombudsmen and although the credit card company came up with many excused to not refund me i provided all possible proof to show i tried to contact seller and resolve the matter with him and that it was not possible unless im a mechanic to know particular faults.

I was refunded the money for the repairs and i decided not to pursue the money for further repairs as i sold the vehicle so im happy.

chattychappy

shibiddy wrote: »

Id like to update so anyone facing a similar issue can use for reference. I contacted the financial ombudsmen and although the credit card company came up with many excused to not refund me i provided all possible proof to show i tried to contact seller and resolve the matter with him and that it was not possible unless im a mechanic to know particular faults.

I was refunded the money for the repairs and i decided not to pursue the money for further repairs as i sold the vehicle so im happy.

Thank you very much for coming back and posting this very nice outcome.

I don't remember seeing your original post, but I certainly wouldn't have given up on the basis of what you said. On the subject of who to sue/small claims route, I would have gone with furniture shop + CC as defendants. TBH I wouldn't have been very optimistic about the FOS.

It's great to see a new poster proving some of the regulars wrong and going on to get a great result!