Section 75 Claim

Adelphi

Dear all, 
I recently purchased a vehicle and paid the balance via Tersco Bank credit card. The vehicle has gone wrong and the dealer is refusingh to assist with repairs. I have contacxted the Tesco Bank and started a Section 75 refund. They have stated that because the merchant account that shows on my credit card statement doesn't match thre trading name of the car dealer, the debtor link is broken and they canot proceed. 
Has anyone else had this happen to them? I have supplied the bank all indisputable evidence that the transaction took place on said dates, but because they cannot link the two, they cannot proceed..!!
Any help or information would be appreciated. 
    

Sandtree

S75 is paid out of a banks own pocket and so it is very much you -v- them (unlike a chargeback where they get the money from the merchant's bank). As such they will naturally ensure that you have the right to claim the monies and the CCA is fairly prescriptive about it requiring a Debtor - Creditor - Supplier chain.

So banks claiming the D-C-S chain has been broken is fairly common but, based on the FOS cases published on line, the FOS are a little more lenient than they used to be a few years ago but still they too will kick the tyres and the use of some middlemen like PayPal accounts does still break it.

So you need to prove that the chain is intact and try to work out the trading names/legal entity names and their relationships for who is the supplier of the vehicle and who you paid the monies to.

born_again

As above.
Just who did you pay? (Showing on statement) compared to who the dealer is?
Might need to get onto companies house website to show if they are linked together.
Eg Poor Cars trading as rubbish motors.

Adelphi

Hi Sandtree / born_again, 
Firstly, thank you for taking time out to respond. 
The credit card statement shows a totally different name to that of the car dealership. With this said, I have an invoice, confirmation of receipt for the money from the car dealer. The only thing missing is the trading company link to the merchant account. 
Regards,  

Sandtree

Its possible there are multiple names involved and as already said the trick is trying to establish the linkages. 

You need to look at the legal entity name of the company you bought from, on an invoice this will often be at the footer and can be materially different to the trading name in the branding at the top, other things to check are company numbers with Companies House, VAT numbers with HMRC etc to try to piece together the different names involved.

If you were to post the name of the company as you know it, any names on the invoice etc and what shows up on the statement then I am sure there are more than a few people on here who like to try and solve a mystery. 

born_again

Adelphi said:

Hi Sandtree / born_again, 
Firstly, thank you for taking time out to respond. 
The credit card statement shows a totally different name to that of the car dealership. With this said, I have an invoice, confirmation of receipt for the money from the car dealer. The only thing missing is the trading company link to the merchant account. 
Regards,  

You are going to have to prove a link between the Statement debit & the company you bought the car from.
If they have used another companies card reader, then that is going to cause issues. If you can not prove a link. Then you are looking at a claim via the courts.

Sandtree

born_again said:

You are going to have to prove a link between the Statement debit & the company you bought the car from.
If they have used another companies card reader, then that is going to cause issues. If you can not prove a link. Then you are looking at a claim via the courts.

You may as well take the matter via the Ombudsman in the first instance as its no cost and sometimes their decision are more lenient. (There was a possible case that would be relevant but cannot find it off hand)

You'd still have court action against the merchant as a fall back if the ombudsman says no. 

pbartlett

did you pay with the card at the dealership ie put it into a card reader on the desk in front of you, entered your pin, was then given the receipt by the salesman etc?

born_again

Sandtree said:

born_again said:

You are going to have to prove a link between the Statement debit & the company you bought the car from.
If they have used another companies card reader, then that is going to cause issues. If you can not prove a link. Then you are looking at a claim via the courts.

You may as well take the matter via the Ombudsman in the first instance as its no cost and sometimes their decision are more lenient. (There was a possible case that would be relevant but cannot find it off hand)

You'd still have court action against the merchant as a fall back if the ombudsman says no. 

Does not sound like the OP has started a complaint. So could be looking at 8 weeks down the line, before they could go there. If Tesco decide to go to the full limit.

Given the hard times, I would not want to hold off on any court case. They may just go bust and end up with nothing.

Sandtree

born_again said:

Given the hard times, I would not want to hold off on any court case. They may just go bust and end up with nothing.

And they may go bust even if you issue in which case you have lost the additional court fees. 

Whilst the courts are involved the Ombudsman will not get involved nor will they review a matter where the courts passed judgement

born_again

You pays your money & takes a chance.