Bought car online, Company now gone bust, how do I get monies refunded

WideWall

In Jan 2008 I bought a car online and paid a deposit by Credit card. Delivery was delayed by the manufacturer twice but to make sure I got the car I paid the balance by cheque.
In May 2008 the Company went into receivership BEFORE I got the car.
I know how to get my DEPOSIT money back from the Credit card company, but am not sure how to go about the cheque repayments.
On 22 March, 2006, I understand that there was an amendment to Section 75 of the Consumer Credit Act 1974 in which it provides a valuable legal right when you buy goods on a credit card. Providing the goods are between £100 & £30,000 and on a credit card (not debit card) you can claim against your card issuer if something goes wrong or the firm goes bust. The card issuer wears the supplier’s shoes so to speak and must make good your loss. (under what’s known as a debtor-creditor-supplier arrangement).
So, my question is who or how do I go about processing the request for the CHEQUE re-payment which was all part of the original contract ?
Any help would be greatly appreciated

adrian2000

WideWall wrote: »

In Jan 2008 I bought a car online and paid a deposit by Credit card. Delivery was delayed by the manufacturer twice but to make sure I got the car I paid the balance by cheque.
In May 2008 the Company went into receivership BEFORE I got the car.
I know how to get my DEPOSIT money back from the Credit card company, but am not sure how to go about the cheque repayments.
On 22 March, 2006, I understand that there was an amendment to Section 75 of the Consumer Credit Act 1974 in which it provides a valuable legal right when you buy goods on a credit card. Providing the goods are between £100 & £30,000 and on a credit card (not debit card) you can claim against your card issuer if something goes wrong or the firm goes bust. The card issuer wears the supplier’s shoes so to speak and must make good your loss. (under what’s known as a debtor-creditor-supplier arrangement).
So, my question is who or how do I go about processing the request for the CHEQUE re-payment which was all part of the original contract ?
Any help would be greatly appreciated

I am not an expert, but if you paid by cheque, you may have lost your money that you paid by cheque.

Adrian

zx2011

Contact Consumer Direct for advice.

http://www.consumerdirect.gov.uk/after_you_buy/money_and_credit/bought-on-credit/

http://www.consumerdirect.gov.uk/contact

WideWall

Adrian, Thanks for your reply - it seems that the amendment to Section 75 mentions that - "if only part of the transaction is paid by CC then the rest, however its paid, can be claimed as a refund of the entire cost of the goods".
I am concerned that the CC company are not willing to give any advice or help in that direction. It is as though they dont want us (the cardholders) to know about it.

WW

lisyloo

I am not an expert, but if you paid by cheque, you may have lost your money that you paid by cheque.

I'm not an expert either but I would certainly question whether cheques should be cashed AFTER receivership.
I don't know the answer but I would be questioning it.

There was a similar question on the fool site (https://www.fool.co.uk) recently on the legal board within the last week, so you might want to have a look there because there are usually some high quality replies.

If you are covered because you paid in part by credit card then great.

simongregson

If you paid in part at least £100 by credit card you are covered for the whole amount, including the cheque. Be persistent as the credit card co will probably not want to refund all the money, but legally they have to!

WideWall

:T Marcgr....... Have been in touch with consumerdirect this morning and they gave me goods news. The CC company MUST give me the WHOLE of the cost of the goods no matter which way it was paid so long as at least £100 was paid by Credit Card. I now have to write/phone to the CC and tell them I am making a claim on them for joint liability in refunding the WHOLE cost of goods (even though the balance was paid by cheque) because the original company is now in receivership.
Thanks again for pointing me in the right direction.
I will report in due course the outcome when this matter is finally ended - but it may be quite a while !!!
WW :beer:

WideWall

Lisyloo.........
"There was a similar question on the fool site (www.fool.co.uk) recently on the legal board within the last week, so you might want to have a look there because there are usually some high quality replies."
If you are covered because you paid in part by credit card then great"

Can't find the above article but, it was on this website that I first found the crucial ruling made on the Section 75 - have a look here -
http://www.fool.co.uk/news/your-money/credit-cards/2006/03/24/two-crucial-credit-card-changes.aspx
Please see my other post above and thanks for your comments.

WW

WideWall

simongregson wrote: »

If you paid in part at least £100 by credit card you are covered for the whole amount, including the cheque. Be persistent as the credit card co will probably not want to refund all the money, but legally they have to!

Simon......... Thanks for your encouragement re- being persistent with the CCard company. I am a bit of a terrier when it comes to making good any wrongs that have been done to me.

It is a great pity that these Card companies do not make more effort to advertise THEIR legal responsibilities to the cardholders and I shall most certainly do my best to broadcast this side of things to all my friends for them to use a Credit card when making large purchases !!!

Regards WW :j

neverdespairgirl

WideWall wrote: »

It is a great pity that these Card companies do not make more effort to advertise THEIR legal responsibilities to the cardholders

Doesn't suprise me at all - and I think this is a responsibility on the credit card companies that is quite onerous for them - if you pay £100 by CC, and all the rest by cheque, it's not surprising they don't advertise their liability for the whole lot!

NickX

neverdespairgirl wrote: »

and I think this is a responsibility on the credit card companies that is quite onerous for them

I would think the percentage of transactions that are subject to a Section 75 claim is relatively small.

Also they do not necessarily have to write the debt off - they may be able to make a chargeback, or claim the funds from the receiver in the case of the supplier going bankrupt.

I agree that this protection should be made clearer to the customers, I am sure there are many cases where no claim has been made simply because the customer was unaware of the protection that they had.