Section 75 need for Invoice

BerwickJan

My husband bought a car June 1st this year, in round figures, for £7,500 he also asked for a service including a gear box service so that was an extra £500.  He paid £300 on a Halifax credit card and the rest by direct bank transfer.  He travelled 400 miles to collect the car.

The advert stated it came with 12 months MOT when he came to ask there was only 5 months but the main "said" he would cover the cost in November along with any repair costs.

My husband very specifically said he did not want to deal with rust underneath (sorry he was more specific but I am not technically minded)  A series of whats apps went back and forward between my husband and the car dealer confirming there was no such rust but sending a very extensive video on a small amount of rust on the boot. (which he would get touched up before it was collected) which was acceptable to my husband.

My husband collected and paid for the car and the garage 'said' he would forward on an invoice. This has never arrived.

On getting home it transpired the spare wheel was a different size to the four main wheels and that the  key for the tow bar, which had been present was missing.  A series of whats app messages back and forth they apologised and said they would send a wheel up and sent a photo of the key saying was this it, it was.  These never arrived.

My husband has always had the under side of all our vehicles sprayed and he booked this in for August while we were at our daughters wedding in Sweden.  We received a call to say that someone had done a great cover up job and the underneath was riddled with rust.  It would fail an mot.

What's app messages, emails and recorded deliveries followed.  All ignored.

Early October we started a section 75 claim with Halifax.  We provided all the back and forth stuff to do with the sale, the two original adverts saying what was included (my husband paid the full asking price on the advert), the explanation and messages of why the amount was £7,500 plus £500 

Credit card company wrote requesting the invoice and we were told he did eventually come back saying not his problem.

Halifax say we must not repair the car as it could invalidate any claim without an independent report.  We have two, one from the person who was going to spray the underneath (A recognised range rover garage) and the other from the MOT service station failing it on the reason of rust 

Having spoken via complaint for the constant ignoring of our questions including where we stated that in 14 days time (last Friday) we were going to start repairs and receiving a letter Monday morning saying dont.  They have said if they have asked for an invoice thing will not move forward until they get one.  If we do anything to the car it will invalidate our claim.  I have asked what it is they want so we can go ahead with repairs (saying I realised they had not acknowledged the legitimacy of our complaint)  and they have said they can't say until our section 75 is agreed.

I spoke to the ombudsman who said we had to provide what they wanted otherwise we couldn't proceed further.

I did say to the credit card company this morning but he could provide any invoice now saying for example 'sold as seen' and he agreed.

Any advise would be appreciated this is causing my husband a great deal of stress.

Thank you 

born_again

BerwickJan said:

My husband bought a car June 1st this year, in round figures, for £7,500 he also asked for a service including a gear box service so that was an extra £500.  He paid £300 on a Halifax credit card and the rest by direct bank transfer.  He travelled 400 miles to collect the car.

The advert stated it came with 12 months MOT when he came to ask there was only 5 months but the main "said" he would cover the cost in November along with any repair costs.

My husband very specifically said he did not want to deal with rust underneath (sorry he was more specific but I am not technically minded)  A series of whats apps went back and forward between my husband and the car dealer confirming there was no such rust but sending a very extensive video on a small amount of rust on the boot. (which he would get touched up before it was collected) which was acceptable to my husband.

My husband collected and paid for the car and the garage 'said' he would forward on an invoice. This has never arrived.

On getting home it transpired the spare wheel was a different size to the four main wheels and that the  key for the tow bar, which had been present was missing.  A series of whats app messages back and forth they apologised and said they would send a wheel up and sent a photo of the key saying was this it, it was.  These never arrived.

My husband has always had the under side of all our vehicles sprayed and he booked this in for August while we were at our daughters wedding in Sweden.  We received a call to say that someone had done a great cover up job and the underneath was riddled with rust.  It would fail an mot.

What's app messages, emails and recorded deliveries followed.  All ignored.

Early October we started a section 75 claim with Halifax.  We provided all the back and forth stuff to do with the sale, the two original adverts saying what was included (my husband paid the full asking price on the advert), the explanation and messages of why the amount was £7,500 plus £500 

Credit card company wrote requesting the invoice and we were told he did eventually come back saying not his problem.

Halifax say we must not repair the car as it could invalidate any claim without an independent report.  We have two, one from the person who was going to spray the underneath (A recognised range rover garage) and the other from the MOT service station failing it on the reason of rust 

Having spoken via complaint for the constant ignoring of our questions including where we stated that in 14 days time (last Friday) we were going to start repairs and receiving a letter Monday morning saying dont.  They have said if they have asked for an invoice thing will not move forward until they get one.  If we do anything to the car it will invalidate our claim.  I have asked what it is they want so we can go ahead with repairs (saying I realised they had not acknowledged the legitimacy of our complaint)  and they have said they can't say until our section 75 is agreed.

I spoke to the ombudsman who said we had to provide what they wanted otherwise we couldn't proceed further.

I did say to the credit card company this morning but he could provide any invoice now saying for example 'sold as seen' and he agreed.

Any advise would be appreciated this is causing my husband a great deal of stress.

Thank you 

You need the invoice as both Halifax & FOS have said.  They will not acknowledged the legitimacy of your complaint until they have to documents they have asked for.

As they want to know exactly how much you paid & what for.

You have also been told starting repairs will mean that they will not payout. So you have to make a choice. Either fix it & lose your claim or wait it out till you get the proof you need.

From the bold statement. Does that mean that your husband knew there was rust on the car? what age is this range rover?

eskbanker

BerwickJan said:

I did say to the credit card company this morning but he could provide any invoice now saying for example 'sold as seen' and he agreed.

I don't really understand who's saying what here, but it isn't a surprise that a card company will require sight of an invoice - in particular they'll be validating that it's the primary cardholder who's named on the purchase documentation.  Is the card in your husband's name, and if so, why are they talking to you about it?

BerwickJan

born_again said:

BerwickJan said:

My husband bought a car June 1st this year, in round figures, for £7,500 he also asked for a service including a gear box service so that was an extra £500.  He paid £300 on a Halifax credit card and the rest by direct bank transfer.  He travelled 400 miles to collect the car.

The advert stated it came with 12 months MOT when he came to ask there was only 5 months but the main "said" he would cover the cost in November along with any repair costs.

My husband very specifically said he did not want to deal with rust underneath (sorry he was more specific but I am not technically minded)  A series of whats apps went back and forward between my husband and the car dealer confirming there was no such rust but sending a very extensive video on a small amount of rust on the boot. (which he would get touched up before it was collected) which was acceptable to my husband.

My husband collected and paid for the car and the garage 'said' he would forward on an invoice. This has never arrived.

On getting home it transpired the spare wheel was a different size to the four main wheels and that the  key for the tow bar, which had been present was missing.  A series of whats app messages back and forth they apologised and said they would send a wheel up and sent a photo of the key saying was this it, it was.  These never arrived.

My husband has always had the under side of all our vehicles sprayed and he booked this in for August while we were at our daughters wedding in Sweden.  We received a call to say that someone had done a great cover up job and the underneath was riddled with rust.  It would fail an mot.

What's app messages, emails and recorded deliveries followed.  All ignored.

Early October we started a section 75 claim with Halifax.  We provided all the back and forth stuff to do with the sale, the two original adverts saying what was included (my husband paid the full asking price on the advert), the explanation and messages of why the amount was £7,500 plus £500 

Credit card company wrote requesting the invoice and we were told he did eventually come back saying not his problem.

Halifax say we must not repair the car as it could invalidate any claim without an independent report.  We have two, one from the person who was going to spray the underneath (A recognised range rover garage) and the other from the MOT service station failing it on the reason of rust 

Having spoken via complaint for the constant ignoring of our questions including where we stated that in 14 days time (last Friday) we were going to start repairs and receiving a letter Monday morning saying dont.  They have said if they have asked for an invoice thing will not move forward until they get one.  If we do anything to the car it will invalidate our claim.  I have asked what it is they want so we can go ahead with repairs (saying I realised they had not acknowledged the legitimacy of our complaint)  and they have said they can't say until our section 75 is agreed.

I spoke to the ombudsman who said we had to provide what they wanted otherwise we couldn't proceed further.

I did say to the credit card company this morning but he could provide any invoice now saying for example 'sold as seen' and he agreed.

Any advise would be appreciated this is causing my husband a great deal of stress.

Thank you 

You need the invoice as both Halifax & FOS have said.  They will not acknowledged the legitimacy of your complaint until they have to documents they have asked for.

As they want to know exactly how much you paid & what for.

You have also been told starting repairs will mean that they will not payout. So you have to make a choice. Either fix it & lose your claim or wait it out till you get the proof you need.

From the bold statement. Does that mean that your husband knew there was rust on the car? what age is this range rover?

He was shown on a video the  commentary the "only rust" on the car which was on the boot.  It is a 2007 and it the main body of the car underneath, which had been filled and painted over which were discovered when it was on ramps to be sprayed underneath.  As the garage has and is continuing to refuse an invoice we had hoped the adverts which detail what he was buying and for how much along with the various messages and videos would be reasonable evidence. 

BerwickJan

eskbanker said:

BerwickJan said:

I did say to the credit card company this morning but he could provide any invoice now saying for example 'sold as seen' and he agreed.

I don't really understand who's saying what here, but it isn't a surprise that a card company will require sight of an invoice - in particular they'll be validating that it's the primary cardholder who's named on the purchase documentation.  Is the card in your husband's name, and if so, why are they talking to you about it?

My husband gave permission for the credit card company Halifax to speak to me.  My husband is the primary account holder and his details are on the log book and insurance for the car is in his name. 

MEM62

To expect a 14-year old Range Rover to be rust free is optomistic to say the least and, knowing what the word of a used car salesman is worth I certainly would not buy one that has not been properly inspected. I think you will struggle with your Sec 75 claim.  Have you considered litigation via the small claims court as an alternative?    

bris

It's all about whats written down, a conversation can be hard to prove.

A 14 year od car comes with a lot of wear and tear and the price for a new Range Rover  is over 90k, relevent because of expectations when it comes to buying one 14 years old for 7.5k.

S75 will want proof that promises were made but not having them in writing via an invoice will be a big problem for any claim.

 Playing devils advocate in a way anyone could do what your are doing now. Buy an old car full of problems, pay by credit card then make a claim to get the problems fixed by claiming mis sold. You can see why they wany proof, they probably get a lot of claims because of the protection S75 gives making it a target for people trying their luck.