IMPOSSIBLE TO CONTACT LLOYDS SECTION 75 DEPARTMENT

Flying_Dutchman1960

• I bought a car from a retailer on 26 Nov 22 for +-£26000.00 and part paid by credit card to get the Section 75 protection under the 1974 Consumer Credit Act (CCA1974)
• Within a few days several major faults were found by my regular garage, I notified the retailer on 30 Nov and I tried to negotiate a settlement to rectify the faults, but no agreement could be found.
• On 9 Dec, I notified the retailer that I intended to return the car for a full refund under the Consumer Rights Act 2015 "Short term right to reject" and to expect a refund within 14 days, as the law states.
• After several emails and messages to the retailer, they disengaged from the process
• On 23 Dec I contacted the credit card issuer (LLOYDS) to advise them of my intention to claim for the full value of the purchase under Section 75 of CCA1974 as the retailer had failed to carry out their legal obligation and the card issuer being joint and severally liable
• Since then, the card issuer has been provided with the full documentation of the sale - invoice, payment receipts, independent report of the faults and my communication with the retailer - these, I know, have been passed to the Section 75 team (S75T) of the card issuer.
• Since 23 Dec, there has been a catalogue of errors and delays by the card issuer. Despite numerous calls to the card issuer, I am met with a standard response, which is that S75T do not take calls, even from within their own organisation, email is the only way to communicate.
• On 30 Jan 23, I was called by S75T and told that I needed to provide a 2nd inspection report by a company recommended by them, for which they would pay. The company they suggested do not issue reports, as they declined my request for an inspection. I copied this information to S75T by email on 30 Jan, asking for an alternative, since then, no response from them.
• I am now at my wits end and feel I am being blocked deliberately. I am unable to move forward due to S75T holding themselves incommunicado. Even their own departments are unable to communicate with them, other than by email, to which they should reply within 48 hours.

Please, any suggestions as to take this forward would be warmly received.

eskbanker

If you're looking to hold a card company liable for £26K under s75 then it's probably best to go in with the expectation that it'll takes months rather than days or weeks, and if you haven't heard back three days after messaging them then it seems unlikely that there'll be any way of expediting things yet.

Having said that, you could always log a formal complaint if they're not complying with their own 48 hour response window.

born_again

Only real way would be to raise a complaint. But even that is not guaranteed to get a faster reply from them.
But S75 is never going to be quick. Months is the norm on these.

grumbler

Flying_Dutchman1960 said:

• On 9 Dec, I notified the retailer that I intended to return the car for a full refund under the Consumer Rights Act 2015 "Short term right to reject" and to expect a refund within 14 days, as the law states.

Does it? I'm no expert, but that's what Which? say:

Your right to a repair or replacement

You can state your preference, but the retailer can normally choose whichever would be cheapest or easier for it to do.

If the attempt at a repair or replacement is unsuccessful, you can then claim a refund or a price reduction if you wish to keep the product.

Beyond the first 30 days of ownership you're entitled to a full or partial refund instead of a repair or replacement if any of the following are true:

• an attempt at repair or replacement has failed 
• the cost of the repair or replacement is disproportionate to the value of the goods or digital content
• a repair or replacement is impossible
• a repair or replacement will cause you significant inconvenience
• the repair or replacement will take an unreasonably long amount of time.

If a repair or replacement is not possible, or the attempt at repair fails, or the first replacement also turns out to be defective, you can reject the goods for a full refund.

Perksy5

My s75 for a fraction of that value took months. My original notification was ringing Lloyd's and lodging a claim there which they then escalated to the S75 team. My correspondence with them was all via email. My preference anyway.
Happy waiting.

eskbanker

grumbler said:

Flying_Dutchman1960 said:

• On 9 Dec, I notified the retailer that I intended to return the car for a full refund under the Consumer Rights Act 2015 "Short term right to reject" and to expect a refund within 14 days, as the law states.

Does it? [...]

Yes, CRA 2015 20(15) (short-term right to reject):

A refund under this section must be given without undue delay, and in any event within 14 days beginning with the day on which the trader agrees that the consumer is entitled to a refund.

born_again

Does the retailer have the car back along with the V5? (does not sound like it from your post, given being asked to get a inspection)
If not no way will they refund you. No matter what you quote at them. I'm afraid.

dazza.mk

eskbanker said:

Yes, CRA 2015 20(15) (short-term right to reject):

A refund under this section must be given without undue delay, and in any event within 14 days beginning with the day on which the trader agrees that the consumer is entitled to a refund.

The 14 days begins when the trader agrees to the refund, not the day you decide to return it for a refund.

eskbanker

dazza.mk said:

eskbanker said:

Yes, CRA 2015 20(15) (short-term right to reject):

A refund under this section must be given without undue delay, and in any event within 14 days beginning with the day on which the trader agrees that the consumer is entitled to a refund.

The 14 days begins when the trader agrees to the refund, not the day you decide to return it for a refund.

Yes, that's what it says, not sure it needed paraphrasing?