Section 75 - £450 consequential losses denied

Curly_one_2

Hello

I'm currently going through a section 75 claim - all evidence has been provided.

The item involved is a used car from a dealer.

I was called by the s.75 case handler and told that my claim for consequential losses will not be met, and that this is quite normal. That was it.

To keep it brief, to prove the car was not fit for purpose and unsafe when sold to me, I paid for an independent motor vehicle engineer inspection report, which proved the car unsafe and that it should never have passed an MOT for major fails etc.

I then arranged for a separate MOT in which the car did fail on his points.

The seller was uncooperative throughout, so I started the s.75 claim. 

On top of the report and secondary MOT costs, I was having to car insurance costs / tax for some time also while this was ongoing as the car had to be parked on a main road. I lost £50 car insurance adjustment costs, plus Special Delivery letters costs to seller etc.

The car then went into storage while all this was sorted out with the CC provider.

The CC company are agreeing to cover costs for the car storage but nothing else.

Excluding the storage costs, my losses as above add up to just over £450. All receipts were provided for the s.75 case.

I have read that I should be put back into the same financial position before the misselling occured.

I'd have thought the report and MOT at least would have been covered if nothing else - I needed those to prove the car was unsafe / unroadworthy.

I don't want to kick up a stink with my case handler while the case is current, but after they've paid out on the car and I've accepted the funds, will I have lost my right to complain later and try and recoup at least some of the consequential losses?

Thank you.

P.S

In case I'm asked, I did report the MOT station to DVSA for the fake fresh MOT the car was sold with, and made Trading Standards aware of all matters. 

No interest there from both parties, but that's another story 😞

retiredbanker1

Did the credit card ask for an engineers report?
Why did you 'Have' to park on the road only afterwards to put the car in storage?
After receiving the report why did you put it through the MOT? You knew it was going to fail so a waste of money you could have saved?

You could accept whatever funds they have agreed to pay without prejudice, telling them that you wish to appeal/complain about what is left. This might get them to move somewhat but from what you have written I can't see them paying you everything you are claiming for.

DullGreyGuy

Also dont understand paying for an engineers report then also paying for an MOT. Why wasnt the vehicle returned to the dealership after the report had been done?

Curly_one_2

retiredbanker1 said:

Did the credit card ask for an engineers report?
Why did you 'Have' to park on the road only afterwards to put the car in storage?
After receiving the report why did you put it through the MOT? You knew it was going to fail so a waste of money you could have saved?

You could accept whatever funds they have agreed to pay without prejudice, telling them that you wish to appeal/complain about what is left. This might get them to move somewhat but from what you have written I can't see them paying you everything you are claiming for.

3 days after car purchase, I noted multiple serious issues. I tried over several weeks to get the dealer to cooperate. They would not accept the car back, stating it had a fresh clean MOT and had no issues throughout.

I arranged the independent engineers report, sent it to the dealer, and he rubbished it. 

Hence the need for a fresh MOT which backed the report re major and other fails.

BUT, I had reported to DVSA beforehand who took weeks to respond, then finally said they wouldn't inspect the car. At my wits end I arranged the follow up MOT, reported the findings to DVSA echo then came out, failed it, and apologised for not acting sooner.

Re storage.

Where I live there is only on road parking. Because parking spaces are at a premium here and neighbours complained twice by anonymous notes left on window that the car was not freeing up spaces, it went into storage

Vehicles have been known to be deliberately damaged here and I didn't need the additional stress.

I can't park too many streets away due to physical disability to get home. I did try that when the first note appeared.

Note that none of the expenses or reasonings have ever been queried with me - I sent in full explanations, reports and receipts, and afterwards I was told on the phone that consequential losses are a flat rule for rejection (though they will pay for storage)

born_again

Independent report should be refunded. As that forms the main part of your claim. As for the rest, sadly not required. 

Have they agreed to refund for car?

Curly_one_2

DullGreyGuy said:

Also dont understand paying for an engineers report then also paying for an MOT. Why wasnt the vehicle returned to the dealership after the report had been done?

We posted close together, and my reply to the other poster covering this was written out same time 😊

Curly_one_2

born_again said:

Independent report should be refunded. As that forms the main part of your claim. As for the rest, sadly not required. 

Have they agreed to refund for car?

That's what I think too. Without that the massive report and all the photos, I'd never have been able to prove all matters.

The MOT was a helpful addition re non roadworthiness, but obviously didn't cover the other issues like the report did.

The dealer was having none of it, but I thought more proof would get him to play ball - but no, he just stopped responding.

If I can at least the get the money back for the report, that would be fine.

The rest I'll chalk up as a loss through own fault for not having an assessment done prior to purchase. 

I arranged three afterwards and saved myself from buying three more dodgy cars - it got very costly doing this though!

No there's been no agreement to refund yet, as it's only been a month since I sent in the claim and evidence.

I received a call from the case handler as an introduction, and that's when she said they don't pay out on any consequential losses, this being the norm.

Thanks. I'll pass the point on when (fingers crossed) I'm at the point of refund. I don't want to get feathers ruffled by complaining now 😊

retiredbanker1

Re the Independent report - as written by OP it was not requested by credit card, but by himself.
He seems to have put the cart before the horse.

If he had made the S75 claim immediately - they would probably have asked for a report but in this instance would be refunded if they sided with him re his claim.

Something not quite right here.

Curly_one_2

retiredbanker1 said:

Re the Independent report - as written by OP it was not requested by credit card, but by himself.
He seems to have put the cart before the horse.

If he had made the S75 claim immediately - they would probably have asked for a report but in this instance would be refunded if they sided with him re his claim.

Something not quite right here.

"Something not quite right here?"

Please explain your suspicions.

I am also not a 'he'

eddddy

Are you sure that the bank is dealing with this as a s75 claim, and not a chargeback?

(Consequential losses wouldn't be added to a chargeback claim.)

retiredbanker1

Curly_one_2 said:

retiredbanker1 said:

Re the Independent report - as written by OP it was not requested by credit card, but by himself.
He seems to have put the cart before the horse.

If he had made the S75 claim immediately - they would probably have asked for a report but in this instance would be refunded if they sided with him re his claim.

Something not quite right here.

"Something not quite right here?"

Please explain your suspicions.

I am also not a 'he'

Sorry for the gender misappropriation.

What do I mean by not quite right? IMO a level headed person would not do what you have done - if there was a problem with the car you go to your credit card provider first to see what they require to make a S75 claim.
You then compound it by putting it through its MOT knowing it was going to fail.

Can I ask who is doing these reports for you and at what cost?
What is your budget for a new car?
Would it not be better to to a main dealer and getting a car with a warranty?