Section 75 dispute

eskbanker

https://forums.moneysavingexpert.com/discussion/comment/81959714#Comment_81959714

Point taken, but to me there's a significant difference between that being permitted in the context of nominating co-defendants in court proceedings, versus the bank here essentially telling OP to deal with the supplier.

Grumpy_chap

While there continues to be some confusion over exactly what has been said by whom, and whether the CC is treating this as a S75 claim or outside that process, the understanding I take from the thread as a whole is that:

1. the OP has an offer from the Dealer to refund 90% of the purchase price of the car once the OP returns the car.
2. The OP has accepted that the 90% is fair reflecting the element of use the OP has had from the car.

If that is correct, why doesn't the OP proceed in that route and bring the matter to a swift close?

Perhaps, get the agreement from the Dealer in writing / email / text message first before returning the car.

If the OP returns the car and then the Dealer does not process the refund as agreed, then that is a clear breach of contract and the OP can initiate a very simple S75 claim with the CC (evidence to back up the breach is in the agreement from the Dealer to refund the 90%).

The current situation is confused, with the OP continuing to pursue both the Dealer and the CC, whereas the above seems to give a simple route forwards.

OR, is the OP hoping to get the 90% from the Dealer and a S75 settlement from the CC?

OR, is the OP hoping to get 100% from the CC and keep the car?

Something certainly seems very odd with the whole situation.

monaymadlol

https://forums.moneysavingexpert.com/discussion/comment/81958480#Comment_81958480

https://forums.moneysavingexpert.com/discussion/comment/81959344#Comment_81959344

By continuing to ask us to chase the retailer. Who continue to dither and delay. The bank are jointly and severally liable. They have all our evidence and accepted that we have a legitimate claim and are doing nothing of much use. What is their role in this? Sit on the sidelines? They should be coughing up given that the retailer kicks the can down the line

monaymadlol

https://forums.moneysavingexpert.com/discussion/comment/81959397#Comment_81959397

Yes, and they haven't. They have accepted the issue with the car and so has the retailer, yet little movement so far towards actual payment and closure

monaymadlol

https://forums.moneysavingexpert.com/discussion/comment/81959758#Comment_81959758

I'll clarify, again.

We have an agreement in place, with the retailer to collect but they have made excuses as to why they can't collect and refund straight away as I've already explained- cash flow, staffing etc.

Hence why we can't 'bring it to a swift close' (all this has *already* been posted in my update of the last couple of days)

This agreement via message is already in place

Not sure why you're questioning whether i want x% from one party or y% from another.

Have explained this *clearly* already but you're misreading or not reading at all:

This is being treated as a s75 claim. We have agreed a % of purchase price from the retailer. The bank are *happy* with this and want the retailer to have the opportunity to refund that amount themselves, so that is what is being pursued, as explained, and as instructed to us by the bank.

The only odd thing is your misinterpretion of it

born_again

https://forums.moneysavingexpert.com/discussion/comment/81960145#Comment_81960145

If bank know the retailer is going to pay out, then the bank won't.

Can't have 2 payouts 🤷‍♀️

Grumpy_chap

We have an agreement in place, with the retailer to collect but they have made excuses as to why they can't collect and refund straight away as I've already explained- cash flow, staffing etc.

Hence why we can't 'bring it to a swift close' (all this has *already* been posted in my update of the last couple of days)

This agreement via message is already in place

So, have you actually rejected the car?

A common advice on rejecting a car is that the purchaser has to stop using the car immediately and make arrangements to return the car to the Dealer, leaving all the keys and the paperwork with the Dealer, signing the log book back to the Dealer / "in trade". It is not always down to the Dealer to collect the car.

Others may be able to comment more fully on how the car rejection process needs to work.

monaymadlol

Not read the last few pages, but case has been closed. Thanks to the handful of constructive replies, god bless the usual mix of trolls/armchair experts/conspiracy theorists. Mods, please shut the thread.

eskbanker

https://forums.moneysavingexpert.com/discussion/comment/81993875#Comment_81993875

There have only been a couple of posts since your last one, but how has the matter been resolved?