Charge Back Issue / Section 75

Solvaman

Hi All. and I wondered if any could advise, My mum had been clamped recently however it was the previous owner the car that had the offence. I tried explaining this to the baluf they weren't interested and forced me to pay the fee to have it unclamped, I subsequently did a chargeback, but anerror with the paper work from the banks end, meant I was out of the standard time frame, as a result I did a CB under section 75, I've just been informed that, the payment was valid as, as paying it meant I'm the debtor irrespective and I chose to pay, this seems crazy can you advise.

[Deleted User]

Section 75 wasn't the right route. You paid them to unclamp the car and they did so.

Solvaman

But surely there has to be some recourse regarding the clamping, surely a clamping co can't clamp a car when you can prove you are not the person responsible for the ogpffence, then charge you to remove it under duress?

jonesMUFCforever

Yes against the clamping company.

You have paperwork to show the date the vehicle was purchased?

bubby08

Wel, we did but my mum has subsequently sold the car.

LABMAN

As it was your Mum's car and not yours I believe you are not covered under s75.

davidsuffolk

If you can prove all you said then send the bailiff firm a letter before action requiring repayment and if they fail to respond take them to court. Who knows, maybe you will be able to instruct court bailiffs to recover payment from them!

jonesMUFCforever

bubby08 wrote: »

Wel, we did but my mum has subsequently sold the car.

.....You don't have a bill of sale when the car was bought - this would have been of no use to the new owner so I thought you would have kept it.
When she bought it she would have registered it and taxed it - her bank statement/credit card would show the transactions>?