Help Please Section 75 Refunds Faulty car Not sure of my rights Re Refund? UPDATE

hannahp

Hi. Just a quick update and thanks for all the advice I have now finally had an offer from my Mastercard Company (in settlement and acceptance/validity of my case) and it is only marginally less than what I claimed as they have deducted some monies for 'depreciation' and this was acceptable to us.

Crucially we will be in the financial position to buy the equivalent car and therefore are not worse off than before except for the months of strife  (which cant be helped) but hopefully when the car dealership get the bill from Mastercard they will think twice before ignoring another customer and the BS which they tried to pawn us off with!

Hi.

I hope someone can please help me figure this out.

I have been dealing with a section 75 refund for 2 months with my Mastercard supplier and the useless garage for 2 months prior!

I am now apparently days away from recieving an offer from mastercard who advise me they are using the mileage to work out the depreciation!

I had to employ an independant engineer to prove the fault and it was declared 'unroadworthy' and 'not fit for purpose'

the car cost approx £11,000 last May and I was previously under the impression that I should be refunded by Sect 75 to be in the position I woud have been if I had not bought the car!

So my question is can Mastercard offer me less than I paid? and can someone point me to where the actual legislation outlines their responsibility?

Throughout this process I have had to push for my rights and now I'm worried I'll end up with a 'trade in valuation' price.

jonesMUFCforever

Let them make the offer before speculating?
You must have had some use from the car?

hannahp

Hi jonesMUFCforever

Thanks for the reply

I have defo had use of the car (before it started playing up) over 5  months ago

With an awful lot of grief worry and heartache since, which incidently i'm not claiming for.

Just want to know where I stand with regards to my rights as it's been like pulling teeth

eskbanker

Section 75 (of the Consumer Credit Act 1974) merely holds the card company equally as liable as the merchant.

The relevant legislation that you need is the Consumer Rights Act 2015: http://www.legislation.gov.uk/ukpga/2015/15/part/1/chapter/2/crossheading/what-remedies-are-there-if-statutory-rights-under-a-goods-contract-are-not-met/enacted

2e0arr

dont forget the consequential losses of this car conking out. shoe leather, car hire, bus and taxi journeys loss of insurance policy time when car unavailable.

Factor in if you take them to the FOS if their offer is not acceptable, they will have to pay the case fee approx £550. Also the FOS will not lower their offer if you lose but may increase the amount they have to pay. if you lose at the FOS it costs you nothing win or lose

born_again

FOS will take months as well if you take it to them. They were months behind before Covid 19. It will take them even longer now to catch up.
As well as no refund till it's sorted.

hannahp

Thanks for the advice guys

It has been a very difficult process but It's too much money to just sit by and let 'stuff' happen

I hope that Mastercard will do right by me, but just incase they don't atleast I will be a bit more prepared now!

BIG THANKS to all the contributers