Section 75 dispute advice needed

EveryWhere

18cc wrote: »

If the fos have ruled in the credit card companies favour then to all intensive purposes you must abandon that Avenue of approach

I think the only thing left to you is to take the dealer to a small claims court which is a relatively cheap and simple thing to do

Is the bike now legally yours even though it is currently stored at the dealers do you plan to retrieve it?

Intents and purposes....

EveryWhere

skylinedude wrote: »

From what I can work out. It seems that the dealer is allowed 45 days to dispute the refund but I was not told that until I received the letter advising the claim is still open. That was at least 3 months or more after I received the refund.

This is remarkably similar to your other Section 75 claim post last year; https://forums.moneysavingexpert.com/discussion/comment/74932683#Comment_74932683



What gives...?

Terry_Towelling

That's because it is the same case but in a thread of its own

18cc

Yes I think Google voice typing translated intents and purposes to intensive purposes it is not perfect!

EveryWhere

Terry_Towelling wrote: »

That's because it is the same case but in a thread of its own

Oh yes...you are right.

EveryWhere

18cc wrote: »

Yes I think Google voice typing translated intents and purposes to intensive purposes it is not perfect!

Not a problem. Just thought you would like to know if you did not already. Seems you did.

EveryWhere

skylinedude wrote: »

Morning all,


I need some advice regarding a section 75. I shall try to keep this short.


Purchased a motorbike 24-04-18. Bike rejected 1st week in July 2018.



Within 2 weeks there was issues with the bike. The bike was returned to dealer according to them no fault found, this happened again and again the same answer. I purchased a helmet camera and took video footage of the fault while riding the bike, this time the dealer accepted there was a fault and allegedly fixed the bike and returned. The very next day the exact same fault appeared. The bike again was returned and again because I did not have video footage this time, the dealer states no fault found and said it was user error. I have been riding bike for nearly 30 years and not has this issue with any other bike.


I open a section 75 with the credit card company and after much waiting, they refunded the full the amount. I contact the credit card company on 2 occassions by telephone to confirm that the case is closed and the monies are mine to do with as I please, I also contacted them once by secure message and on all 3 occassions the credit card company confirmed the case closed and money is mine. Once was actually the CS Manager who asked me how I would like the money refunded.


I receive the money and proceed to buy another bike. approx. 2 months later i receive a letter from credit card company stating the the bike dealer has responded to the claim and disputes the claim. I advise that I was informed on three seperate occasions that the case is closed so I spent the money. I escalate the dispute to the financial ombudsman and in the meantime I ask the credit card company for a copy of all recorded calls to prove my case, they send me a CD with the calls but they are all corrupted, I ask for another copy and again the same. There is only one call that works and that is where the credit card agent telling me that the case is still open (this is after I receive the letter as I called to ask what is going on).


I finally get a ruling from the financial ombusman yesterday ruling in the favour of the credit card company acknowledging that I was given wrong information and for that I should get a paltry sum for compensation but that a repayment plan should be put in place so I can repay the amount owing.


I do not agree with this ruling, is there anything further I can do.


Sorry for this post being so long. Thank you for any advice or help.

So, back to your case. Just out of interest...did you buy a new bike with the refunded money?

I ask because perhaps the bike seller might counter that you just took his bike for a long joyride and had no intention of paying for one.
You'll need to prove that the bike was not fit for purpose.

The credit card company are jointly liable for your purchase. So if in fact you did everything by the book and they refunded the amount to you and confirmed the case was closed, you could look at Small Claims, but what would you hope to achieve?

If they didn't give you the money, you would still have the bike. But you have taken the money and spent it.
So the only option favourable to you, is if Sainsburys pays both you and the purveyor of the bike., if they made a mistake.
So you'll need to decide if you did everything by the book and if you can convince the court of it.
You should still have the Secure Message in your account to confirm what you have said and they replied. So keep a record of that.

bris

The CC tend to refund a bit to quickly to keep the customer happy. This refund is never final until the deadline.


What's happened is simple, the dealer disputed the fault, send expert evidence and had the complaint against them rejected.


They then get the money back from the CC co straight away and it is usually back on the customers card right away.


OP is it not showing on you statement yet?


It will be difficult to win in court when the regulator has already ruled against you.

eco_warrior

bris wrote: »

What's happened is simple, the dealer disputed the fault, send expert evidence and had the complaint against them rejected.

Bit of a leap without actually knowing the reason the claim failed. Guesswork really.

Terry_Towelling

The problem is, we don't know what OP said to his card company and we don't know what they said to him. We have no idea what was actually put in writing and we only have telephone calls concerning the permanence of the credit and these telephone calls are curiously 'corrupted' on the CD. For a S75 claim I would expect a written complaint and a written response on the card company's acceptance (or otherwise) of liability.

All that seems to have happened here is the card company has tried a Chargeback and (somehow) failed to make it stick. There has been no confirmation that the case was being reviewed as a S75 claim and there is no concrete evidence that the credit was stated to be in full and final settlement of OP's claim.

At the end of the day, if OP has the evidence to prove breach of contract, he still retains the right to sue the bike dealer, the card company or both.

Over to you, skylinedude.