URGENT:Section 75/Consumer Rights Act Help – Faulty Car, Retailer Refusing Refund, HSBC Delaying

Bartox

Hello,

This is my first post here and I have a very similar issue to you and through my HSBC credit card.

Have you found the written communication from HSBC to be very unprofessional? I received a reply stating that I should have known better than to buy a car with a knocking sound (that was not a direct quote BTW).

HSBC have asked me to get an inspection as well and from what I can see, if you want to pursue a court claim or Section 75 claim, you have to have an inspection completed.

However, I did ponder the point made by the first reply to your post. The stance I took with the trader was under CRA 2015, I do not have to prove anything the burden of proof is upon you, but I don't know what I didn't take the same approach with HSBC.

With S.75 claims, they are jointly and severally liable for the contract and therefore, I don't see why (as I complained about my vehicle fault within the first month) I have to prove anything or spend hundreds of pounds on an inspection.

Surely, it is for HSBC/Trader to defend my allegation by providing the report and proving that the fault was not there at the time of purchase? However, if HSBC refuse, I suppose you take it to the Financial Ombudsman and say that HSBC are being unreasonable as they essentially take the place of the trader when making a S.75 claim?