Section 75 dispute

the_lunatic_is_in_my_head

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

There's no time limit to reject OP, other than 6 years limitations in E&W (I assumed that's what you had done when filling in the form, or at least implied as the bank should understand their obligations even with customers aren't aware of the correct terminology for expressing their rights 🙂).

monaymadlol

Thanks, we will persue with the stage 2/pre arbitration.

Annoyingly that her CC Company have such long time frames, 60 days allowed for merchant to respond, then 45 days at this stage, potentially 120(?) at arbitration, all while she could do with a fully functioning car.

Case of who blinks first I guess

born_again

Actual timescales 45 days for retailer to contest chargeback. Max 28 days Pre Arb from rejected chargeback. (banks response)

Anything over that is allowance for banks staff to pick up & deal.

They should also if pre arb rejected look at S75 at that point, which will take more time, as no fixed timescale.

Okell

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

Are you saying you've never actually rejected the car?

Not sure what you mean by "too late to reject"

sheramber

https://forums.moneysavingexpert.com/discussion/comment/81880013#Comment_81880013

Doesn’t sound like it was rejected

Contacted garage who were unhelpful,  so opened section 75 with m&s cc 

eskbanker

https://forums.moneysavingexpert.com/discussion/comment/81880041#Comment_81880041

OP does also say "Since then, garage contacted to collect vehicle but no response", which implies rejection rather than inspection (given other comments), but hopefully it was expressed in clear and unambiguous terms.

monaymadlol

We did say were rejecting the car and that it would be dropped off at their yard but they said we were not allowed to do so and take no responsibility for it there. Would not trust them to not further tamper with it.

Okell

https://forums.moneysavingexpert.com/discussion/6647606/section-75-dispute

"… And assume that after the 60 days, she is legally allowed to retain the car and credit as that is what the bank have told us?…"

Are you saying the bank have told you that you can keep the car and the refund?

(Sorry but I'm finding your account very difficult to follow…)

[Edit: I realise I'm quoting a post from 7 weeks ago but what the bank told the OP - or what the OP thinks the bank told them - still seems relevant to me]

monaymadlol

https://forums.moneysavingexpert.com/discussion/comment/81880370#Comment_81880370

The bank have been poor with overseas call centre. They told us that originally but then said not the case ie once refunded, the car should be made available for garage to collect.

monaymadlol

Process failed at prearb , again, right before deadline. Escalation to section 75. Is s75 likely to be quicker given s75 team should be passed everything from chargeback? At the 3 month mark already. Temp credit from chargeback will be withdrawn now we're told, does s75 involve pending credit for the disputed amount too? Hopefully a UK 🇬🇧 team will be dealing with s75, we have struggled with levels of training and language barrier with the Indian chargeback 🇮🇳 team.