Section 75 dispute

monaymadlol

https://forums.moneysavingexpert.com/discussion/comment/81913633#Comment_81913633

https://forums.moneysavingexpert.com/discussion/comment/81914319#Comment_81914319

Refer to eskbankers post on this. I'm here for processes, that's my choice or perogative. If that's not for you, that's OK, but better not to argue with thin air and move on to your next thread.

monaymadlol

https://forums.moneysavingexpert.com/discussion/comment/81915467#Comment_81915467

Thank you, that's it. And thanks to others simply answering questions I have posed.

monaymadlol

We have Received the banks confirmation on the s75 and they have given themselves 14 days for the next steps

monaymadlol

https://forums.moneysavingexpert.com/discussion/comment/81915161#Comment_81915161

There's no incorrect advice to give as we're not seeking any case specific advice currently.

Just going through the process.

In fact, an earlier poster gave good advice about if it fails at pre-arbitration then we can ask to escalate to s75. That's what we did and it worked

monaymadlol

https://forums.moneysavingexpert.com/discussion/comment/81914693#Comment_81914693

No one has rejected anything, but the retailer, because they have a right to, without providing evidence themselves. Thats not to say our case is weak and we can't change certain variables about the car of course, but S75 is where I understand that evidence will be looked into given the bank has something to lose, whereas chargeback has been a pointless process. S75 is where our reports that we provided and texts we have saved with the retailer, will hold weight.

We will go to FOS, if s75 fails, as per correct procedure

born_again

https://forums.moneysavingexpert.com/discussion/comment/81916645#Comment_81916645

Retailer has provided evidence, or it would not have gone to pre arb. Visa/Mastercard part of the process is about who has the strongest evidence.👍

born_again

https://forums.moneysavingexpert.com/discussion/comment/81916637#Comment_81916637

Expllained here

https://forums.moneysavingexpert.com/discussion/comment/81879897/#Comment_81879897

MyRealNameToo

https://forums.moneysavingexpert.com/discussion/comment/81916645#Comment_81916645

The retailer has to give some evidence to reject the chargeback, they can't do so just out of hand.

S75, unlike chargeback, dont have prescribed timescales beyond the general FCA COBs on dealing with matters in reasonable timescales etc which applies to all aspects.

If S75 fails then your next step would be to raise a complaint. You can only go to the FOS when either you have had a final response to your complaint or 8 weeks have passed, whichever happens earlier.

born_again

S75 someone just sits down & looks at the evidence. Might refer it to legal team depending on value, on points they think they can get out of paying.

While the rejected chargeback is on a different basis, a pre arb rejection is a point that they will look at, as it must be strong evidence from the retailer.

I would not be surprised if S75 was rejected. A lot will depend on the value of the claim (bigger then more chance of rejection) & what exactly the basis of the claim is. (which is where age, mileage & value of car kick in along with the actual issue)

Good Luck.

monaymadlol

The bank has been hands off with assisting since escalation.

Garage willing to refund based on 'inspection'.

Bank unwilling to write any formal contract or document on this. They said let garage collect and if they don't refund then contact us.

Our concern is a refund that won't be forthcoming or finding faults that weren't there.

Was hoping there would be a 'final offer' text template to use, anyone know?