Is a payment still covered when balance transfered

mc303m

so if the retailer agrees to resolve the issue and then does not return your calls and communications break down, is this the time to apply s75?

chattychappy

Yes.

Indeed, you don't even have to pursue the dealer first (though often it's less hassle that way).

eddddy

mc303m wrote: »

so if the retailer agrees to resolve the issue and then does not return your calls and communications break down, is this the time to apply s75?

Yes - as long as the 'issue' is a breach of the original contract (which involved a payment by CC) or misrepresentation in advance of you agreeing to the contract.

Something the trader agrees to do after the contract, which isn't stated in the contract, might be seen as a 'gesture of goodwill' - so not covered by s75.

And simply refusing to talk to you probably wouldn't be a breach of contract. You can't use s75 to 'fine' the trader for poor service or rudeness.

eskbanker

mc303m wrote: »

so if the retailer agrees to resolve the issue and then does not return your calls and communications break down, is this the time to apply s75?

This is beginning to sound much less like a theoretical scenario, have you hit difficulties with the car and the dealer who sold it to you? If so, it might make more sense to explain what's actually happened instead of all the hypothesising, i.e. what's the fault, when did it start, what was the dealer's response, etc?

mc303m

i pointed out to the dealer before purchase of a fault, the dealer replied if theres any probs just bring it straight back and we'll sort it out, there was a prob, returned to the dealer within 14 days, he said, your 6 month rac warranty will cover you up to the price of the car, 10k, he said contact rac and they'll get it done, rac didnt get it done, went back to dealer , dealer said no probs we will repair it, dealer keeps saying he'll call me back but never does.. comms have broken down, this is why i am asking the questions, i need the amo before firing the gun, hope this helps in understanding my situation
thx

eddddy

mc303m wrote: »

i pointed out to the dealer before purchase of a fault, the dealer replied if theres any probs just bring it straight back and we'll sort it out

So the above conversation is part of the agreement (or contract).

But the challenges you might face include:

1. The dealer may deny they said that.
2. The dealer may say that their definition of "problem" and "sorting it out" might be different from yours (and your expectations are unreasonable.)

So as stated previously, an s25 claim has to focus on what was agreed as part of the contract, and how that agreement was broken.