Section 75 dispute

monaymadlol

Good morning

So this is ongoing with her car.

It is indeed a chargeback. The dealer took ages to reply, they were telling us that they hadn't had notification of the dispute, which we had no reason to not believe, as I read it depends if they had signed up to having such alerts.

Once the amount had taken as, I assume, a holding payment from his account, he later decided to chase up and then respond.

Responded to reject the claim, without providing evidence.

Now its on to stage 2, pre arbitration.

We have submitted an independent garage report of the issues.

The dealer is insisting he examines the car too to try and disprove that they were to blame. Bit like marking your own homework. Don't feel that is necessary and right.

Do they have a right to inspect the vehicle?

We will go all the way if needed: arbitration, section 75, ombudsman, court, if needed.

Alderbank

What's wrong with the car?

Initially you just said 'engine failure' but you now have an independent garage report of the issues. What exactly does that diagnosis say?

Also, what is the make and model of the car and its age, mileage and condition? These are all relevant.

Grumpy_chap

"Bought a used car a few months ago".

How many months?

How much mileage when the car was bought and how much mileage now?

Age of car, general condition, price paid?

Was there any servicing due in the "few months" since the car was purchased and has that servicing been undertaken to schedule?

What is the root cause of the "engine failure" as identified by the independent garage?

MyRealNameToo

https://forums.moneysavingexpert.com/discussion/comment/81875376#Comment_81875376

Chargeback only covers if the vehicle was faulty when delivered, it won't cover cases where it was working when delivered and became faulty afterwards. Chargeback is a simple tool designed for basic cases.

S75 will be the next step if the chargeback fails, you missed complaint between S75 and Ombudsman but worth noting that the ombudsman predominately looks at a failure in process more than if they made the right decision or not. Court can be the final step but I am yet to find a single case where the ombudsman ruled against a FS company that the person then won in court.

the_lunatic_is_in_my_head

https://forums.moneysavingexpert.com/discussion/comment/81875376#Comment_81875376

It's an interesting question, the dealer does have the right to inspect but so does the bank who won't so if the chargeback is reversed just go after the bank.

Tell dealer car is rejected and they need to collect within 28 days, if they don't you'll sell it for a fair value and account the funds to them minus any reasonable selling costs. (Write to them twice before selling).

Renfrewman

https://forums.moneysavingexpert.com/discussion/comment/81876960#Comment_81876960

You are getting more and more off re. Consumer rights..what are you drinking?

monaymadlol

https://forums.moneysavingexpert.com/discussion/comment/81876960#Comment_81876960

We think too late to reject, with what is now 5m mark, not that they would even entertain given current dealings

monaymadlol

https://forums.moneysavingexpert.com/discussion/comment/81876681#Comment_81876681

Thanks

eskbanker

https://forums.moneysavingexpert.com/discussion/comment/81877345#Comment_81877345

Five months isn't too late to reject, and the fact that this wouldn't be welcomed doesn't affect your statutory consumer rights!

Jenni_D

https://forums.moneysavingexpert.com/discussion/comment/81877047#Comment_81877047

Without giving any qualification to your post (i.e. Why? What is your advice?) all you've done is post an insult. 🤷‍♀️