Section 75

Amelia20

Hello, my husband had to place a section 75 on after buying a second hand car from a garage and only after a few months we’ve decided to take it for a service where they determined that the car was unsafe to be driven around due to the amount of rust underneath. Virgin money was ready to do a chargeback for the amount we’ve paid straightaway, however the deal the dealer was proposing was for a similar car (had similar history as ours), so not happy with this we’ve decided to use section 75 to try to recover what we’ve paid for the car.
its been nearly a year since we’ve initiated section 75 which they’ve contacted us about 4 months ago for the information again and since no information whatsoever. Has anyone had any similar experience with. Virgin money section 75?

DullGreyGuy

S75 is paid out of the banks own pocket so it's not surprising that they typically kick the tyres harder than when they are trying to get the money back from the merchant's bank. 

What information have you actually provided them? Any form of engineer report on the vehicle?

12 months certainly does feel a long time, but it somewhat depends on how long they've had all the full information. Your route forward would be a complaint on the timescales it's taking them. 

Alderbank

Your timescale is not very clear.

However, you bought a second-hand car from a dealer.
After 'a few months' you went back to the dealer because the car was faulty.
The dealer offered a replacement. You wish to reject that because the replacement offered was 'similar' and you would like to have a refund instead.

Broadly, the trader is allowed to offer a replacement after 'a few months'. Could you give us some more details about why you believe the replacement would be in breach of the Consumer Rights Act?

That will be the question which Virgin Money will be seeking the answer to.

Mark_d

You weren't happy with the deal proposed by the dealer.  Did you insist on a refund?  If Virgin Money were ready to do a chargeback, why not just do this?

born_again

Amelia20 said:

Hello, my husband had to place a section 75 on after buying a second hand car from a garage and only after a few months we’ve decided to take it for a service where they determined that the car was unsafe to be driven around due to the amount of rust underneath. Virgin money was ready to do a chargeback for the amount we’ve paid straightaway, however the deal the dealer was proposing was for a similar car (had similar history as ours), so not happy with this we’ve decided to use section 75 to try to recover what we’ve paid for the car.
its been nearly a year since we’ve initiated section 75 which they’ve contacted us about 4 months ago for the information again and since no information whatsoever. Has anyone had any similar experience with. Virgin money section 75?

Have you contacted Virgin about the delay.
TBH, if they know of the dealers offer they are not going to be interested in the claim. They will simply say, dealer has offered a good option. So they can see no breech of contract. 

Just what age & mileage & cost is the car, given the mention of rust. Which is not something seen as much these days.