Question regarding Payment Dispute

unholyangel

born_again wrote: »

If you take the car from the dealer then the dealer will reject the dispute. So in effect you have no further grounds for disputing via your card.
A retailer has 45 days to reject a dispute from when it's started.

But, and here's the rub. You could leave the car with them, but as they have fixed it and advised you. They technically under card regulations. can still reject the dispute and keep the car.
You would then be left to claim back via court's.

Are you going to be happy if they fix the car?

In a section 75 claim, you are claiming against the creditor. The dealer doesn't even get a chance to reject it because its not being made against them.

Assuming OP's bank haven't been fly and put it through as a chargeback despite being on credit.

born_again

unholyangel wrote: »

In a section 75 claim, you are claiming against the creditor. The dealer doesn't even get a chance to reject it because its not being made against them.

Assuming OP's bank haven't been fly and put it through as a chargeback despite being on credit.

They should dispute 1st if that is a available, and if fails then look at S75. Just because a credit card is used does not stop a chargeback option.

Chargeback means funds come from retailer
S75 means card provider pays out. In effect anyone with a credit card pays for it....

Add in OP said dispute & not S75 in OP.


S75 is a cop out for a retailer as they end up quids in and do not care that they are ripping people off.:mad:

Mercdriver

born_again wrote: »

They should dispute 1st if that is a available, and if fails then look at S75. Just because a credit card is used does not stop a chargeback option.

Chargeback means funds come from retailer
S75 means card provider pays out. In effect anyone with a credit card pays for it....

Add in OP said dispute & not S75 in OP.


S75 is a cop out for a retailer as they end up quids in and do not care that they are ripping people off.:mad:

I would assume that the CC company then recovers the money from the dealer or takes the car as it is their funds that the dealer has. If CC companies don't do this, they would soon be out of business.

unholyangel

born_again wrote: »

They should dispute 1st if that is a available, and if fails then look at S75. Just because a credit card is used does not stop a chargeback option.

Chargeback means funds come from retailer
S75 means card provider pays out. In effect anyone with a credit card pays for it....

Add in OP said dispute & not S75 in OP.


S75 is a cop out for a retailer as they end up quids in and do not care that they are ripping people off.:mad:

That depends on what their customer asked them to do. But often the banks will still do a chargeback even when explicitly asked for a s75 claim - whether because their staff are ignorant of the difference or because they've been told to do that to protect the banks interests, I don't know.

How is s75 a cop out for the retailer? The same section of the consumer credit act entitles the creditor to be indemnified by the retailer for any losses arising from a claim under that section.

The purpose of s75 is that someone should not be left in debt, making payments for something which was never provided. Same principle for account holders liability being limited to £50 for losses where credit is involved (credit card or overdraft) and they were negligent (such as keeping PIN with card in your purse/wallet).

MX5huggy

Could the dealer charge storage costs for the car once it’s fixed?

unholyangel

MX5huggy wrote: »

Could the dealer charge storage costs for the car once it’s fixed?

They could certainly try. But I can't think of any legal basis they could use (that would apply in the circumstances OP has told us), which would support such charges.

Quite the opposite - if the dealer is in breach then it is OP who is entitled to losses caused by that breach, from the dealer.