We’d like to remind Forumites to please avoid political debate on the Forum.

This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.

📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
The Forum now has a brand new text editor, adding a bunch of handy features to use when creating posts. Read more in our how-to guide

Section 75 claim

2

Comments

  • bris
    bris Posts: 10,548 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    cono1717 wrote: »
    If the credit card refund you, you take the vehicle back to the company.
    The CC chase the company for repayment, the company will want the vehicle back, they will have to collect it, there is no law that says the customer must return it.


    If the CC refunds you but cant get the money back from the company then you wait to see what they want to do about the vehicle. They may ask you to allow it to be collected, they may let you keep it or they may ask you to destroy it.


    I suppose it's all about what the value is, I have seen people get to keep stuff before.
  • Debtstress
    Debtstress Posts: 14 Forumite
    Second Anniversary 10 Posts
    Thanks. It!!!8217;s confusing and unclear. Will see what happens. It!!!8217;s sat on our drive, insured but the insurance will be invalid as the engine in the vehicle is not the one advertised and is also different to the log book. We only found out when it broke down, had to be towed and repaired. Shocking that garages can do this.
  • Gavin83
    Gavin83 Posts: 8,757 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    You won't get the money back and get to keep the vehicle, be reasonable. If the refund is made it is no longer your property and the garage are entitled to collect it. What the cc company do in regards to recovering the money really has nothing to do with you and you'll likely never find out.

    In the same way the garage is entitled to let you keep the vehicle the cc company is entitled to let the garage keep the money.
  • Debtstress
    Debtstress Posts: 14 Forumite
    Second Anniversary 10 Posts
    Rude! I didn!!!8217;t say what I wanted to happen. I!!!8217;m asking so I know the process.
    I was advised to go down the court route as would be given a refund and more than likely keep the vehicle. Couldn!!!8217;t afford the fees hence why using section 75.
    I was hoping that someone who knew the law on this would advise.
  • BorisThomson
    BorisThomson Posts: 1,721 Forumite
    1,000 Posts Combo Breaker
    Debt/stress wrote: »
    Rude! I didn!!!8217;t say what I wanted to happen. I!!!8217;m asking so I know the process.
    I was advised to go down the court route as would be given a refund and more than likely keep the vehicle. Couldn!!!8217;t afford the fees hence why using section 75.
    I was hoping that someone who knew the law on this would advise.

    A court will only put you back to the position you were in had the contract not existed. They will not permit you to keep the car and have a full refund.

    Who advised you otherwise?
  • Debtstress
    Debtstress Posts: 14 Forumite
    Second Anniversary 10 Posts
    Someone in the trade who has experience of this.
  • bris
    bris Posts: 10,548 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Debt/stress wrote: »
    Someone in the trade who has experience of this.
    No they really don't have experience of that, it's nonsense.
  • cono1717
    cono1717 Posts: 762 Forumite
    Part of the Furniture 500 Posts Name Dropper
    Debt/stress wrote: »
    Rude! I didn!!!8217;t say what I wanted to happen. I!!!8217;m asking so I know the process.
    I was advised to go down the court route as would be given a refund and more than likely keep the vehicle. Couldn!!!8217;t afford the fees hence why using section 75.
    I was hoping that someone who knew the law on this would advise.

    It doesn't work like this, you can't have your cake and eat it too. As advised above courts only put you back to the position you would have been in. Which would be money but no car.
  • lincroft1710
    lincroft1710 Posts: 19,258 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Debt/stress wrote: »
    sat on our drive, insured but the insurance will be invalid as the engine in the vehicle is not the one advertised and is also different to the log book. We only found out when it broke down, had to be towed and repaired. Shocking that garages can do this.

    Not unknown for engines to be replaced, sometimes even with larger ones. Did the garage definitely do the engine swap or was it a previous owner.
    If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales
  • Gavin83
    Gavin83 Posts: 8,757 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Debt/stress wrote: »
    Rude! .

    Nothing in my post was rude, assuming you were taking to me. It's very much coming across like you're trying to find a way to keep the money and the vehicle.

    I agree with BorisThomson, a court would give the exact same verdict. There is no situation where you can have a refund and keep the vehicle.
This discussion has been closed.
★ ★ ★ Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 353.5K Banking & Borrowing
  • 254.1K Reduce Debt & Boost Income
  • 455K Spending & Discounts
  • 246.6K Work, Benefits & Business
  • 602.9K Mortgages, Homes & Bills
  • 178K Life & Family
  • 260.5K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16K Discuss & Feedback
  • 37.7K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.
Update Your Picture