Nationwide Credit Cards - problems getting a refund under Section 75

jsharris99

I paid over 600 pounds for tyres with black circles over 4/5 years ago and the tyres have perished badly. (Plenty of wear left on the front and a some wear left on the rears – Ive only been travelling about 1000-2000 miles each year over this time). I returned them to black circles after getting some more (after their advice to do so whilst they send them to the manufacturers to look at).

Nationwide Credit Cards are trying to offer me about 40 pounds instead of a full refund under section 75. They refused to send me a letter detailing how they calculate this small amount. They have tried to force me into getting an inspection report, when I’m waiting for the manufacturers feedback from black circles. I have said I have not refused to get an inspection report as the tyres should be with the manufacturer.

Black circles have yet to reply and its been a month since the new ones were fitted. Black circles is in Scotland. Nationwide is in England. I did mention taking it to the financial ombudsman. 

Nationwide seem  to be offering a very derisory amount to close the dispute or trying to use ‘get a report’ to close the dispute.

Any advice?

greyteam1959

4 or 5 years ago & you are trying to make a claim ??
You are joking are you not ??

sonofmerton

it isn't just about the mileage you have done but the passage of time. i have a classic car. i've done 400 miles in 11 years. i bought the tyres 14 years ago. even if they failed now, i know i have no chance at all of claiming the monies back under any form of legal regulation.

no way are nationwide/anyone else going to immediately hand over monies under section 75 for tyres bought 4/5 years ago and having done 1000-8000 miles using them. an inspection to identify an inherent fault in yours or that range of tyres seems fair to me. 

they don't have to tell you how they calculated your 'award'. i suspect it is a goodwill payment. in my old company we called them a grot (get rid of them) payment.  

maybe black circles will find a fault. if they do then that may satisfy nationwide to a degree and avoid the need for an inspection elsewhere. 

my advice -  keep nationwide updated and keep pressurizing black circles for a time frame. the tyres may have been sent overseas or gone to a lab, hence why you have waited a month so far. 

born_again

jsharris99 said:

I paid over 600 pounds for tyres with black circles over 4/5 years ago and the tyres have perished badly. (Plenty of wear left on the front and a some wear left on the rears – Ive only been travelling about 1000-2000 miles each year over this time). I returned them to black circles after getting some more (after their advice to do so whilst they send them to the manufacturers to look at).

Nationwide Credit Cards are trying to offer me about 40 pounds instead of a full refund under section 75. They refused to send me a letter detailing how they calculate this small amount. They have tried to force me into getting an inspection report, when I’m waiting for the manufacturers feedback from black circles. I have said I have not refused to get an inspection report as the tyres should be with the manufacturer.

Black circles have yet to reply and its been a month since the new ones were fitted. Black circles is in Scotland. Nationwide is in England. I did mention taking it to the financial ombudsman. 

Nationwide seem  to be offering a very derisory amount to close the dispute or trying to use ‘get a report’ to close the dispute.

Any advice?

Your lucky to even get anything. As it will be classed as wear & tear on a consumable part.
Tyres are not designed to last forever. They are affected by UV light & being stood without moving is not good for them. Which are both well know to preish tyres. Hence why a car that is not being used is either jacked off the ground, or tyres pressures increased & moved on a regular basis, so one part of the tyre is not supporting the cars weight.

What is the actual age of the tyres? If you google you will find the codes on the side of the tyres & there year of manufacture.

Why do you think you should get a full refund given you have had 4 to 5 years of usage of between 1 to 2K a year.
So that could be 10K miles which on some tyres is their life.

You would need a independent report anyway to prove your case. I would fully expect Black Circles to say no issue with the tyres and it simply usage.
You would also really need T/C stating that the tyres were expected to last more than the timespan you have had them. Which I bet you will not find. If you are wanting to take it to the ombudsman. As you are going to have to prove Breech of contract of misrepresentation.

jsharris99

Good news ! I got the replacement cost refunded from the Manufacturer. So yes, the tyres were indeed faulty. It was a full refund of the replacement cost rather than the original price, which was higher. It might have been the fact I bought the replacement tyres from the same manufacturer too. I was making a claim because the tyre walls were perishing - something I've only ever seen on OLD OLD tyres. (> 10 years not 4-6 years old tyres). It was a new 'type' of tyre from that company when I bought them and I've looked after them by only parking north facing so the tyres would only get a small amount of UV that way (I also have trees that produce shade for the summer months) and in the afternoon it would be completely in shade. I was doing about 1-2 k per year each year. So being lightly used, but still being used nonetheless, parking in the right way to minimise UV exposure and they still deteriorated badly.  I'm very grateful to the manufacturer for their refund.

What concerns me was the attitude of the credit card company and the claim under section 75. The section 75 comes under Consumer Credit Act. I also make you all aware how they are advertising recently 'it matters how you pay' on television. It was suggested by Martin Lewis that Section 75 applies to goods where the vendor refuses to refund under the Consumer Rights Act and makes the credit card company JUST AS LIABLE for faulty goods which do not last. Tyres have usage just the same as your television or toaster would. Would you really accept only a partial refund for a faulty toaster or tv ? After all your toaster is affected by internal temperature / number of slices of bread / cleaning methods / accumulation of bread crumbs. Your tv is affected by the warmth of the environment / dust / sunlight / using too much volume / too much brightness / contrast. There was plenty of wear left on the front tyres. Perhaps you're suggesting I should put a UV cover on my tyres when I'm not using the car or warm them up before I drive, like in formula 1 racing pits? Making excuses is easy. 

The fact the credit card company refused to detail their calculation shows that they are being deceptive and avoiding their responsibilities under the law. This is a future warning to you all that your credit card company may just try to not pay a full refund under section 75 for your faulty toaster / tv etc and try and fob YOU off too ! Remember its not just about tyres its about responsibilities under the law and faulty goods.

[Deleted User]

 Of course you did 

jsharris99

What do you mean by that ?

k3lvc

jsharris99 said:

What do you mean by that ?

The post follows the a frequent trend

New user joins with spurious claim, esteemed/experienced members explain law/rights, new user returns claiming full victory and that obviously they were right all along

jsharris99

And what makes you doubt the refund? Are you suggesting I take a screen print of my app showing the refund ?
I really did get the victory. Are you trying to spoil it for me?

Puddles83

You didn’t have a “victory”.
You got a refund from a manufacturer for a faulty product. As you should have.

Had the manufacturer refused the refund, then I can imagine that Nationwide may have taken further action under s75 at that stage... what I don’t understand is why you immediately went down the S75 route.

zzyzx1221

jsharris99 said:

And what makes you doubt the refund? Are you suggesting I take a screen print of my app showing the refund ?
I really did get the victory. Are you trying to spoil it for me?

Yes, that's it.  We're just a big bunch of meanies who want to ruin everything for everyone.  Damn, you're good at this.