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Can the Credit card Company charge me interest when in dispute over section 75
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davidious
Posts: 125 Forumite
Credit card company have charged me interest this month on my balance even though there has been none for the past few months and no minimum payment due to ongoing dispute for Section 75 which is now moving through the court system.
I have a SAR request where they admit liability.
They seem to be using every trick to delay the process as long as possible asnd have not respond to offers we made.
But can they charge me interest I been told as it's a court case now they can.
I have a SAR request where they admit liability.
They seem to be using every trick to delay the process as long as possible asnd have not respond to offers we made.
But can they charge me interest I been told as it's a court case now they can.
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Comments
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Credit card company have charged me interest this month on my balance even though there has been none for the past few months and no minimum payment due to ongoing dispute for Section 75 which is now moving through the court system.
I have a SRA request where they admit liability.
They seem to be using every trick to delay the process as long as possible asnd have not respond to offers we made.
But can they charge me interest I been told as it's a court case now they can.
What do you mean by "SRA request where they admit liability"?
It seems you have made a claim and "they" are defending? Did you sue the CC company?
You are speaking as if you have an "open and shut case" when in fact there has been no judgment in your favour.
More detail needed.
The simplest approach is to pay interest (or pay the balance) and then claim it back if you win. Then if you lose, at least your credit file isn't trashed through late payments/non payments (if you're not paying at all).
Making a S75 claim isn't the same as disputing a transaction. It doesn't give you an immediate right to have the amount suspended whilst checks are made.0 -
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Subject acesss request. SAR. The information confirmed that they had liability.
I mean They already made us offer which we was not happy with and as such had to take it to court. They defended in there defense they stated if we proved our case we would be entitled to repair costs or a full refund.
We then made them offer at this stage of repair capped at the purchase price. As Our original court claim was for price reduction as repair was not possible in theory as it was more than the purchase price. So both options of repair or refund was a lot more than our court claim.
It comes down to the amount they will pay us and is not about the cheapest option for them.0 -
Subject acesss request. SAR. The information confirmed that they had liability.
I mean They already made us offer which we was not happy with and as such had to take it to court. They defended in there defense they stated if we proved our case we would be entitled to repair costs or a full refund.
We then made them offer at this stage of repair capped at the purchase price. As Our original court claim was for price reduction as repair was not possible in theory as it was more than the purchase price. So both options of repair or refund was a lot more than our court claim.
It comes down to the amount they will pay us and is not about the cheapest option for them.
You may think that makes thing clearer but it doesn't for anyone not aware of your case.
Is this a car? What amounts are you talking about, what is the fault, the remedy, replacement or refund costs etc0 -
It was car we we purchased at 7k.
It was not fit for purpose. Credit card company made us an offer of a full refund with no additional costs for reports they requested. On condition the Car was scrapped by us.
We originally asked for only repair costs.
The full refund was the
final and only offer.
We made offer for a Price reduction for 2K less. We asked to be refunded 5k. They refused this offer. So we took it to court for 5k plus the additional costs we had incurred + interest. There solicitor defended saying if we proved our claim we would only be entitled to repair costs or a full refund defending the whole claim. After We then put offer to them for full repair costs capped at 7k. (repair costs are more than the Purchase price).
No response to this offer was received. On the defense they attached a Part 20 claim against the dealer. (At this stage unbeknown to us they had not paid there claim fee)
They refused mediation. Next the Judge asked us for a statement of repair costs and future repair costs. Which we supplied. Next the court finally realized the part 20 claim fee had not been paid (baring in mind these are top Solictors we are dealing with)
So they gave CC 3 days to pay it which they did court is now waiting for proof of service on the dealer. .
Now the credit card company this month has charged me interest on my statement which had not been charged since start of the year.0 -
Subject acesss request. SAR. The information confirmed that they had liability.
I'm still struggling. What information? How did this "confirm" they had liability.
Or is that just your interpretation...They defended in there defense they stated if we proved our case we would be entitled to repair costs or a full refund.
We then made them offer at this stage of repair capped at the purchase price. As Our original court claim was for price reduction as repair was not possible in theory as it was more than the purchase price. So both options of repair or refund was a lot more than our court claim.
It comes down to the amount they will pay us and is not about the cheapest option for them.
So... where are we the litigation? You've made a claim... Did you claim against the CC or just the dealer? The dealer's entered a defence... Have you had a hearing? Have you a date for a hearing?It comes down to the amount they will pay us and is not about the cheapest option for them.
If you are litigating, it comes down to what the judge thinks - unless indeed somebody makes an offer that is acceptable.
And given you are litigating, I can't see the CC taking a view on your S75 claim until you get a result. Unless you did indeed sue the CC.
[EDIT: I wrote the above whilst the OP wrote #6.... I'll return to this thread later. BUT OP... it would have been better if you had given us more detail in the first place...]0 -
It was car we we purchased at 7k.
It was not fit for purpose. Credit card company made us an offer of a full refund with no additional costs for reports they requested. On condition the Car was scrapped by us.
We originally asked for only repair costs.
The full refund was the
final and only offer.
We made offer for a Price reduction for 2K less. We asked to be refunded 5k. They refused this offer. So we took it to court for 5k plus the additional costs we had incurred + interest. There solicitor defended saying if we proved our claim we would only be entitled to repair costs or a full refund defending the whole claim. After We then put offer to them for full repair costs capped at 7k. (repair costs are more than the Purchase price).
No response to this offer was received. On the defense they attached a Part 20 claim against the dealer. (At this stage unbeknown to us they had not paid there claim fee)
They refused mediation. Next the Judge asked us for a statement of repair costs and future repair costs. Which we supplied. Next the court finally realized the part 20 claim fee had not been paid (baring in mind these are top Solictors we are dealing with)
So they gave CC 3 days to pay it which they did court is now waiting for proof of service on the dealer. .
Now the credit card company this month has charged me interest on my statement which had not been charged since start of the year.
Why haven't you accepted a full refund?0 -
chattychappy wrote: »I'm still struggling. What information? How did this "confirm" they had liability.
Internal document checklist from SAR.
'Merchant terms confirm the contract is between the dealer and the buyer and the car is sold by the dealer. Therefore we would have liability. Is looking to reject the vehicle which I feel is substantiated in the fact the engine need replaced'
We asked for repair costs all the way along.0 -
By time we put in section 75 request after the dealer washed his handsWhy haven't you accepted a full refund?
we wanted to keep it and considering that they wanted us to scrap it £2000 seem like a resonable amount for it. We would of had to pay for it to be scrapped as a non runner. Due its size.
It was much cheaper for the CC to go down this route of a price reduction.0 -
Your not entitled to the repair costs if it exceeds the cars value. Your not entitled to 5k and keep the car as this is clearly you intention.
The CC co will win even though they will still have to pay the refund the courts will see your claim as unnecessary and will not award you costs.
I take it you didn't seek legal advice as this is basic stuff you should have looked into before taking them on.0
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