Returning a car to a dealer

HenryHippo

shaun_from_Africa wrote: »

But it's not written confirmation from the dealer. It's simply what someone at the credit card company has stated and it's possible that they got this wrong.

Exactly. I did challenge the CC company on their adamance that I would get a full refund.

They said that I would get a full refund and that 2k miles in 3 months is perfectly reasonable.

DoaM

DoaM wrote: »

Print out the email ... the email IS written confirmation.

shaun_from_Africa wrote: »

But it's not written confirmation from the dealer. It's simply what someone at the credit card company has stated and it's possible that they got this wrong.

So it's a confirmation that a Section 75 claim would be upheld should the dealer decline to comply?

shaun_from_Africa

DoaM wrote: »

So it's a confirmation that a Section 75 claim would be upheld should the dealer decline to comply?

yes, but even with a successful S75 claim, the credit card company are not legally obliged to refund the full amount that was originally paid for the car.
As they have equal obligations and rights as the dealer, they too can make a deduction to cover the use that the OP has had from the vehicle and as no financial company likes giving away more money than they have to, they may well decide to make a deduction.

motorguy

HenryHippo wrote: »

Good plan. To be honest I don't mind paying something like £200 for the time I had it. Except for tax, insurance and fuel, I haven't spent any money on it.

Sure I have had some inconvenience, but I've had a great drive out of what was an expensive car (when it was new). Just a real pity they couldn't fix the problems as I really like the car.

Will go in for full refund of course, as promised by CC company.

+1

I'd go in making it clear that i have the expectation of a full refund, but if you're getting within a couple of hundred of it, like you i'd take it and run.

DoaM

shaun_from_Africa wrote: »

yes, but even with a successful S75 claim, the credit card company are not legally obliged to refund the full amount that was originally paid for the car.
As they have equal obligations and rights as the dealer, they too can make a deduction to cover the use that the OP has had from the vehicle and as no financial company likes giving away more money than they have to, they may well decide to make a deduction.

But ... they've already said in writing (email) that a full refund is due. Are you saying they'd backtrack from that and admit to previously misleading the consumer?

shaun_from_Africa

DoaM wrote: »

But ... they've already said in writing (email) that a full refund is due. Are you saying they'd backtrack from that and admit to previously misleading the consumer?

Yes, that's exactly what I'm saying.
It's one thing for the credit card company to say that they dealer will give a full refund but when it's comes to them paying out of their own coffers, they may well decide that as the law allows them to make a reduced refund, this is what they will do.

After all, how many times have we read on here about finance companies who appear to mislead consumers about their rights by saying that the consumer must attempt to reclaim the money from the retailer before they have any obligation to consider a S75 claim?

HenryHippo

Returned the car. Full refund promised by dealer but I have to wait 14 days for it.

I questioned him why and he said something about cashflow.

I got written confirmation I returned it though and confirmation of the payment date so I wasn't too bothered. Bit odd though, but rather have the full amount in 14 days than minus £200 today

EdGasket

Keep us posted if/when you get paid. I don't suppose he would have given you the car in the first place if you'd told him you'd pay in 14 days, cash flow problem eh? Let's hope he isn't going to be difficult or go out of business next week.

HenryHippo

EdGasket wrote: »

Keep us posted if/when you get paid. I don't suppose he would have given you the car in the first place if you'd told him you'd pay in 14 days, cash flow problem eh? Let's hope he isn't going to be difficult or go out of business next week.

True. It is a huge operation they have though. 100+ cars, several employees. And if they up sticks then I can take it up with the CC company I suppose

oldagetraveller

"It is a huge operation they have though." And they have a cashflow issue?
Someone's pulling your chain.