Can the Credit card Company charge me interest when in dispute over section 75

davidious · 2 September 2016 at 5:18AM

Unreasonable when we wouldn't have our costs covered and be out of pocket by accepting only a full refund. And having to scrap the vehicle ourself at our own cost

When they wrote in there defense should we prove our case we are entitled to repair costs or Full Refund and to Scrap the vehicle.
So we made offer of repair costs with full statement of those Costs.
They not responded to this offer at this time.

If the vehicle is only worth scrap and we are willing to pay for it at much more than it's current value. why does matter to the credit card company if we keep it.

If you put it to any dealership as well as most companies they are going to choose the option that costs them the least amount of money.

We asked for

Partial Refund at £5,000 as they wouldn't offer us a repair costs before we made the claim.

But they only offered us Full refund at £7,000 and scrapping of the vehicle at our own cost With no additional costs.

When there defense came in we put in Full repair costs capped at the purchase price.

We can prove there offer did not cover all our costs involved in this process and was not reasonable.
We can prove that the offer we made of partial refund was the cheapest option for them. Cheaper than there offer.
We were happy to not have all costs covered if we got keep the vehicle. They also had the option of repair costs.

Regardless of whether you believe I am in the right or Wrong.
There Employing a solicitor at a cost of £400 - £600 hour which they can't claim back . To effectively argue to pay more money than what we asking for.

Where is the logic in that.

takman · 2 September 2016 at 9:02AM

davidious wrote: »

If the vehicle is only worth scrap and we are willing to pay for it at much more than it's current value. why does matter to the credit card company if we keep it.

Surely the reason they want it to be scrapped is so that they don't have any liability for any future repairs that are required for it!. Can't you see that?

This vehicle sounds like a right pile of s*** to need almost double the cost of it in repairs to get it to a roadworthy condition!. I know people who have bought classic cars which are basically just a shell and got them to almost new condition for less money than that!.

You really should have not done any repairs to it at all when and accepted a full refund for it!. Plus it can't be any kind of rare or valuable vehicle if you would have to pay to get it scrapped so I think scrapping it is the best option.

davidious · 2 September 2016 at 9:19AM

accepting a Partial refund would Romove all liability that the credit card company have.

takman · 2 September 2016 at 11:28AM

davidious wrote: »

accepting a Partial refund would Romove all liability that the credit card company have.

Are you sure about that?. I would have thought by them giving you a partial refund that would remove all liability for the current problems. But what if a new problem occurred separate to the current issue, they could possibly be liable for that.

If you take a step back from this and look at the basic facts. The vehicle cost £7000 and the total cost of repairs would be at least £10,000. Who in their right mind would think it's a good idea to go ahead with repairs?. Obviously this vehicle is only worth £7000 because you paid that price and expected it to be in a good condition. I would have rejected the vehicle as soon as I knew it needed £5000 of repairs, nevemind £10,000.

Obviously you are too deep into this to give up due to the £5000 you have spent on repairs. But I can understand the credit card companies stance and if I were them I would also want to get this deathtrap scrapped and off the road if I had any liability at all in its purchase.

davidious · 2 September 2016 at 12:52PM

takman wrote: »

Are you sure about that?. I would have thought by them giving you a partial refund that would remove all liability for the current problems. But what if a new problem occurred separate to the current issue, they could possibly be liable for that.

If you take a step back from this and look at the basic facts. The vehicle cost £7000 and the total cost of repairs would be at least £10,000. Who in their right mind would think it's a good idea to go ahead with repairs?. Obviously this vehicle is only worth £7000 because you paid that price and expected it to be in a good condition. I would have rejected the vehicle as soon as I knew it needed £5000 of repairs, nevemind £10,000.

Obviously you are too deep into this to give up due to the £5000 you have spent on repairs. But I can understand the credit card companies stance and if I were them I would also want to get this deathtrap scrapped and off the road if I had any liability at all in its purchase.

Fair enough but frames chassis of cars get built up. Partial refund is stating a vehicle is not possible to repair.

bris · 2 September 2016 at 3:59PM

They are right you are wrong. They offered you full refund, this is as good as it gets, you want 5k and keep the van. The judge will be livid with you and refuse to award you court costs, he/she may even award them costs.

davidious · 2 September 2016 at 6:55PM

bris wrote: »

They are right you are wrong. They offered you full refund, this is as good as it gets, you want 5k and keep the van. The judge will be livid with you and refuse to award you court costs, he/she may even award them costs.

In consumer law I am entitled to repair or refund or if repair is not possible a partial refund.

Obviously you missed the part where I would pay and have to arrange to scrap the vehicle myself due to its size and location. I would be of pocket for this.
I had costs of getting repair reports done as asked for by the credit card company. Out of pocket for a failed MOT. And cost for flat bedding the Vehicle.
Due to length time we have gotten it repaired which entitled to.

In the defense they stated If I proved my case I could have a repair costs or refund.
So we put in repair costs capped at The purchase price as vehicle is worth scrap.

We have it in writing that they admit to being liable. As well as an offer of a refund with out any additional costs.
Which should be enough evidence to prove my case along with repair costs.

bigadaj · 2 September 2016 at 10:18PM

davidious wrote: »

In consumer law I am entitled to repair or refund or if repair is not possible a partial refund.

Obviously you missed the part where I would pay and have to arrange to scrap the vehicle myself due to its size and location. I would be of pocket for this.
I had costs of getting repair reports done as asked for by the credit card company. Out of pocket for a failed MOT. And cost for flat bedding the Vehicle.
Due to length time we have gotten it repaired which entitled to.

In the defense they stated If I proved my case I could have a repair costs or refund.
So we put in repair costs capped at The purchase price as vehicle is worth scrap.

We have it in writing that they admit to being liable. As well as an offer of a refund with out any additional costs.
Which should be enough evidence to prove my case along with repair costs.

Well we'll see what the judge says.

Personal opinion is that I think a decision would be in favour of the card provider given what has been said but it's not clear cut, I'd say 65:35 and genuinely interested in hearing the result.