Car purchase Section 75 claim advice

Sandwich

Update:

The car dealer has explicitly stated that they will only pay the partial refund if it is in “full and final settlement” of the dispute. I don’t see how I can accept the money and not invalidate my Section 75 claim?

I had previously stated that position to the bank and their last message to me (just prior to this latest message from the dealer was to just ask me for proof of purchase, so I’m hoping that’s a good sign (that they’re dropped that requirement and are getting ready to pay).

It’s really shocking how the dealer can seemingly get away with selling a car with so many faults (there were 5 or 6 issues including major engine faults, as diagnosed by an expert). I hope the bank is better able to recover the money from them than I’ve proven to be.

marcia_

the bank is jointly liable for the full amount so go back to them and insist they open a s75 claim on the basis of the dealers full and final settlement statement. Point out ombudsman decisions in similar cases if they try and push back.

born_again

https://forums.moneysavingexpert.com/discussion/comment/82130317#Comment_82130317

What dealer does has nothing to do with the bank. They can still action S75 on the balance owed.

Bank have already told you that they will do S75 for the balance.

Sandwich

https://forums.moneysavingexpert.com/discussion/comment/82130697#Comment_82130697

The balance owed is still currently the entire purchase price. They were trying to get me to accept a partial refund and then seek the remainder.

born_again

https://forums.moneysavingexpert.com/discussion/comment/82131932#Comment_82131932

So what is the issue, this is what bank told you to do.

Other option is to take garage to court for the full amount, risk is then they shut up & walk away paying nothing.

Given retailer has offered to pay something, then take it. Take banks advice & claim the balance.

Sandwich

https://forums.moneysavingexpert.com/discussion/comment/82131955#Comment_82131955

The issue, as explained, is the dealer is insisting that they will only pay any amount in "full and final settlement", so the advice of the bank is a demonstrable risk to me.

born_again

What the dealer says has nothing to do with bank, bank will 99.9% certain not have even spoken to them or ever will. Dealer is just avoiding his side of the consumer rights, & hoping to get away with it by getting you to sign full & final settlement.

Look at it like this. Bank is jointly and severally liable. No matter what you sign, dealer is breaking consumer rights by deducting £1K for milage, which means bank can pay out on S75.

Sandwich

https://forums.moneysavingexpert.com/discussion/comment/82132102#Comment_82132102

This is what I thought, but they are dragging their feet. I rejected the vehicle at the end of April (within the required 30 days) and it's still playing out. Every time I hear from them it's, 'please provide X document', or 'please consider accepting a partial refund and come back to us for the remainder', and then I will send it back within 1–2 days and I won't hear from them for a month. Incredibly frustrating. It's all done through Adobe contracts as well. You can't really just email them directly (this is M&S).

born_again

https://forums.moneysavingexpert.com/discussion/comment/82132914#Comment_82132914

Just take car back to dealer with V5 & get them to refund you there & then.

Sandwich

https://forums.moneysavingexpert.com/discussion/comment/82133184#Comment_82133184

Car literally can't be driven, plus the dealer has is insistent that I caused the problem when I replaced the duff battery in the vehicle with a new one. Their current position is they will offer a partial refund only.