My Battle with The Trade Centre

dumpster_fire2025

https://forums.moneysavingexpert.com/discussion/comment/81975127#Comment_81975127

You say it's been 8 weeks since your initial "complaint" but to me it sounds like you've just raised an S75 claim. That isn't a complaint, and you'd need to raise an actual complaint for the time to start ticking for an FOS case.

However, it's not clear what you expect from an FOS case here. They will only deal with the proceudral aspect of the S75 claim , i.e did the bank follow procedures/timescales/etc properly, they won't make a decision as to the validity of your S75 claim and the timescales for FOS cases are not quick either.

It's not unrealsitic for them to want to try the chargeback method first as this will mean recovering the money from the dealer rather than their own pockets. I don't think it's reasonable for them to run both claims simultanously though.

Why are you claiming that get £10k from a chargeback and £3200 from S75? If the chargeback succeds it would surely be for the entire amount? If for some reason you get a partial refund then I woudn't expect the S75 claim for the remainder to succeeed as there would presumably be some legal basis for a partial refund. To be fair, there is, in that you've had use of the car for a period although £3200 would be excessive given how short the duration has been.

It's also a bit weird that the dealership retained the vehicle. They have no legal right to do so until you receive your money back under a chargeback claim, and no right at all with S75 as the car would then be owned by the bank.

Grumpy_chap

It's also a bit weird that the dealership retained the vehicle. They have no legal right to do so until you receive your money back under a chargeback claim, and no right at all with S75 as the car would then be owned by the bank

This might work to the OP's favour.

The OP has rejected the car and returned the car to the Dealership (with all the paperwork ? ). That is an absolute rejection implemented.

The Dealership has not refunded the costs of the car purchase.

Car was purchased through

£13,200, paid through part exchange, credit card, and direct debit

So, I assume the chargeback can only be for the sum initially paid by credit card.

With regard to the reference to part payment through "direct debit", can the OP clarify whether this means a one-off bank transfer payment, or is there another form of finance involved?

What is the split of the amounts paid by each method?

eskbanker

dumpster_fire2025 11:22 am

However, it's not clear what you expect from an FOS case here. They will only deal with the proceudral aspect of the S75 claim , i.e did the bank follow procedures/timescales/etc properly, they won't make a decision as to the validity of your S75 claim and the timescales for FOS cases are not quick either.

FOS often overturn banks' rejections of s75 claims, not on procedural aspects but on the merits of the claim itself.

Okell

@Fake_Tofu - "…If I am successful with the charge backs (£10,000) but not S75 (£3,200), am I better off returning the charge back money and keeping the car?…"

Errr… How have you arrived at those amounts?

The total was £13,200 but how much did you pay on

- credit card

- debit card, and

- what was part-exchange value?

AIUI a chargeback will cover both the credit card and the debit card, but I suspect not the part-X value

AIUI a s75 claim in theory covers everything that you paid on the purchase - but I don't know how s75 would treat the part-x value.

As the trader presumably no longer has your part-X car to return to you, I suspect the part-x value would also be refunded under s75, but I'm not sure…

"… My timeline means I am pursuing the short time right to reject…"

I'm not contradicting you, but what is your timeline? Bearing in mind you agreed to at least one (possibly two) repairs are you sure you are within the extended short-term right to reject window?

"… Which I think means I am entitled to full refund or no refund…"

No. If you exercise the short term right to reject you are legally entitled to a full refund

Okell

@Grumpy_chap - "…With regard to the reference to part payment through "direct debit", can the OP clarify whether this means a one-off bank transfer payment, or is there another form of finance involved?…"

"direct debit" was a typo.

He meant "debit card".

See post at 8:23pm 18 March

Grumpy_chap

https://forums.moneysavingexpert.com/discussion/comment/81975950#Comment_81975950

Thank you. So, the OP purchased a car for £13,200 and paid:

- some by credit card

- some by debit card

- some by trade in

I don't think we know the proportions paid by each method.

The OP rejected the car and the car has been returned to the Dealer.

The CC is processing a chargeback. This will only be for that proportion. The OP will need to raise a separate chargeback claim for the amount paid by the debit card. Even if it is the same financial institution that holds both cards I suspect that the chargebacks will need to be raised separately. @born_again might know?

The CC might be liable under S75 for the full sum - paid by CC PLUS paid by debit card PLUS paid by trade in. The CC is reluctant to process the same until such time as the chargeback route has been allowed to run its course. [I am not wholly sure that is the correct process, but I understand it.]

As an aside, has the OP kept an eye on the Dealer's website / Autotrader etc to see whether the car has been marketed for sale again and / or sold again? The Dealer might be trying to sell the car again before processing a refund to the OP. I don't believe that fully adheres to the OP's consumer rights but it would be understandable approach.

Okell

@dumpster_fire2025 - "… Why are you claiming that get £10k from a chargeback and £3200 from S75? If the chargeback succeds it would surely be for the entire amount? If for some reason you get a partial refund then I woudn't expect the S75 claim for the remainder to succeeed as there would presumably be some legal basis for a partial refund. To be fair, there is, in that you've had use of the car for a period although £3200 would be excessive given how short the duration has been…"

I suspect the OP is confused because he used three different methods of payment (debit card, credit card and part-exchange) and he's got mixed up as to whether chargeback and s75 applies to just one (and different ones at that for chargeback and for s75), or just two, or all three of them.

So I don't think he's really talking about any "partial refund" - he's just confused as to what chargeback and s75 cover.

And of course, if he's exercising his short-term right to reject it must be a full refund - there can be no partial refund.

[NB - I'm not certain myself how the part-ex value is handled by chargeback and by s75. Assuming the part-ex vehicle is no longer available to be returned I assume its value is covered under s75 but I'm not sure about chargeback]

born_again

https://forums.moneysavingexpert.com/discussion/comment/81975994#Comment_81975994

Yes each would need to be a separate chargeback & that would be the route taken in 1st instance.

Okell

https://forums.moneysavingexpert.com/discussion/comment/81976120#Comment_81976120

but would a chargeback cover the part-x value of the trade in?

would s75?

born_again

https://forums.moneysavingexpert.com/discussion/comment/81976124#Comment_81976124

No chargeback would only cover the amounts the Trade Center took on each card.