Firm goes bankrupt will also making a Section 75 claim - What happens, where do I stand

Jon.dc

I tried to reject my caravan back in January, due to poor quality repairs and ongoing water ingress issues. As I had rejected the caravan while it was still at the suppliers workshop, I left it there and gave them 14 days to refund me but the company disputed my Statutory Final Right to Reject, saying they  "felt' they did not have to refund me. My legal help line informed me to make a Section 75 claim, as I paid £200 deposit on my credit card, against caravan price of £16,995. The company now has filed to enter administration, and they still have the caravan and keys, does anyone know where this fit in with Section 75? Should I go and try and retrieve my caravan and paperwork? Thank you

[Deleted User]

Section 75 claim is via the credit card issuer so doesn't affect it. Obviously, if you fail then in the S75 claim then you'll likely face a company in administration where you'll get pence in pound at best. 

Is the caravan worth repairing if the S75 claim is unsuccessful?

Jon.dc

[Deleted User] said:

Section 75 claim is via the credit card issuer so doesn't affect it. Obviously, if you fail then in the S75 claim then you'll likely face a company in administration where you'll get pence in pound at best. 

Is the caravan worth repairing if the S75 claim is unsuccessful?

it is but not a cost I was wanting to burden, after only having it for a week of use. I would estimate about £3-4k to repair correctly. 

DullGreyGuy

Do you have sufficient evidence of the problems, costs of fixing them etc? You mention final right of rejection so presumably you bought it, it had problems, they tried to fix them, the problems returned/

The bank could try to settle on the basis of fixing rather than refunding which may make like easier if the merchant still has the asset 

born_again

Ring CC.
See what they say, as it is the only way you are going to get the money back.

Jon.dc

DullGreyGuy said:

Do you have sufficient evidence of the problems, costs of fixing them etc? You mention final right of rejection so presumably you bought it, it had problems, they tried to fix them, the problems returned/

The bank could try to settle on the basis of fixing rather than refunding which may make like easier if the merchant still has the asset 

I have a number of images of the main issue, cracks in the rear end panel, and a NCC Approved Workshop report that confirms the end panel has cracks in it, plus damp issues in other locations.

The dealer has offered to re-repair the caravan, after the first attempt failed miserably. I have images that show the cracks have not been repaired to a satisfactory standard i.e they are still present and not repaired as per industry techniques.

I refused the dealers offer, as this was the second time in two months since buying it that I had water ingress issues, plus the complete lack of care and skill used in last repair. The dealer basically masticed some plastic caps over the cracks, but the plastic caps were not big enough to cover all the cracks, the work was messy,  and the caps did not follow the profile of the caravan, so lots or sealant required to hide the gaps. Also, they was meant to have drilled out the ends of the cracks, to stop the  crack creeping, but this was not done on the cracks left exposed. They also, apparently, did not find the high damp area highlighted by the  provided NCC report during the repairs but when I went back I found it in the exact place I told them and highlighted with a nice shaded area in the NCC workshop report provided to them.  As such, I had no faith in getting it resolved without lots of messing around. As I had only owned the caravan for just under three months, with it being back for repairs for four weeks, I went down the rejection route. The dealer refused I had grounds to reject and my solicitor advised I start a section 75 claim. This has been going on since January 13th but yesterday they went into self appointed administration.

Jon.dc

born_again said:

Ring CC.
See what they say, as it is the only way you are going to get the money back.

I have but the case handler was not sure and it has been referred up the chain. I was wondering if anyone had experience or knowledge, to put my mind at  ease, or not!

DullGreyGuy

Jon.dc said:

DullGreyGuy said:

Do you have sufficient evidence of the problems, costs of fixing them etc? You mention final right of rejection so presumably you bought it, it had problems, they tried to fix them, the problems returned/

The bank could try to settle on the basis of fixing rather than refunding which may make like easier if the merchant still has the asset 

I have a number of images of the main issue, cracks in the rear end panel, and a NCC Approved Workshop report that confirms the end panel has cracks in it, plus damp issues in other locations.

The dealer has offered to re-repair the caravan, after the first attempt failed miserably. I have images that show the cracks have not been repaired to a satisfactory standard i.e they are still present and not repaired as per industry techniques.

I refused the dealers offer, as this was the second time in two months since buying it that I had water ingress issues, plus the complete lack of care and skill used in last repair. The dealer basically masticed some plastic caps over the cracks, but the plastic caps were not big enough to cover all the cracks, the work was messy,  and the caps did not follow the profile of the caravan, so lots or sealant required to hide the gaps. Also, they was meant to have drilled out the ends of the cracks, to stop the  crack creeping, but this was not done on the cracks left exposed. They also, apparently, did not find the high damp area highlighted by the  provided NCC report during the repairs but when I went back I found it in the exact place I told them and highlighted with a nice shaded area in the NCC workshop report provided to them.  As such, I had no faith in getting it resolved without lots of messing around. As I had only owned the caravan for just under three months, with it being back for repairs for four weeks, I went down the rejection route. The dealer refused I had grounds to reject and my solicitor advised I start a section 75 claim. This has been going on since January 13th but yesterday they went into self appointed administration.

You'd ideally have more evidence than simply it had cracks but a view as to the cause etc... obviously its possible to buy a used item with known damage and similarly you could have damaged it yourself since ownership etc. The saving grace would be if you have evidence the dealership had accepted the cracks were a fault but the bank isn't bound to accept their judgement. 

born_again

Jon.dc said:

born_again said:

Ring CC.
See what they say, as it is the only way you are going to get the money back.

I have but the case handler was not sure and it has been referred up the chain. I was wondering if anyone had experience or knowledge, to put my mind at  ease, or not!

S75 are never quick. As they will have to review all the information you have provided & you will be one of many they have to deal with. So they work them as received.