Section 75 dispute advice needed
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skylinedude
Posts: 17 Forumite
in Credit cards
Morning all,
I need some advice regarding a section 75. I shall try to keep this short.
Purchased a motorbike 24-04-18. Bike rejected 1st week in July 2018.
Within 2 weeks there was issues with the bike. The bike was returned to dealer according to them no fault found, this happened again and again the same answer. I purchased a helmet camera and took video footage of the fault while riding the bike, this time the dealer accepted there was a fault and allegedly fixed the bike and returned. The very next day the exact same fault appeared. The bike again was returned and again because I did not have video footage this time, the dealer states no fault found and said it was user error. I have been riding bike for nearly 30 years and not has this issue with any other bike.
I open a section 75 with the credit card company and after much waiting, they refunded the full the amount. I contact the credit card company on 2 occassions by telephone to confirm that the case is closed and the monies are mine to do with as I please, I also contacted them once by secure message and on all 3 occassions the credit card company confirmed the case closed and money is mine. Once was actually the CS Manager who asked me how I would like the money refunded.
I receive the money and proceed to buy another bike. approx. 2 months later i receive a letter from credit card company stating the the bike dealer has responded to the claim and disputes the claim. I advise that I was informed on three seperate occasions that the case is closed so I spent the money. I escalate the dispute to the financial ombudsman and in the meantime I ask the credit card company for a copy of all recorded calls to prove my case, they send me a CD with the calls but they are all corrupted, I ask for another copy and again the same. There is only one call that works and that is where the credit card agent telling me that the case is still open (this is after I receive the letter as I called to ask what is going on).
I finally get a ruling from the financial ombusman yesterday ruling in the favour of the credit card company acknowledging that I was given wrong information and for that I should get a paltry sum for compensation but that a repayment plan should be put in place so I can repay the amount owing.
I do not agree with this ruling, is there anything further I can do.
Sorry for this post being so long. Thank you for any advice or help.
I need some advice regarding a section 75. I shall try to keep this short.
Purchased a motorbike 24-04-18. Bike rejected 1st week in July 2018.
Within 2 weeks there was issues with the bike. The bike was returned to dealer according to them no fault found, this happened again and again the same answer. I purchased a helmet camera and took video footage of the fault while riding the bike, this time the dealer accepted there was a fault and allegedly fixed the bike and returned. The very next day the exact same fault appeared. The bike again was returned and again because I did not have video footage this time, the dealer states no fault found and said it was user error. I have been riding bike for nearly 30 years and not has this issue with any other bike.
I open a section 75 with the credit card company and after much waiting, they refunded the full the amount. I contact the credit card company on 2 occassions by telephone to confirm that the case is closed and the monies are mine to do with as I please, I also contacted them once by secure message and on all 3 occassions the credit card company confirmed the case closed and money is mine. Once was actually the CS Manager who asked me how I would like the money refunded.
I receive the money and proceed to buy another bike. approx. 2 months later i receive a letter from credit card company stating the the bike dealer has responded to the claim and disputes the claim. I advise that I was informed on three seperate occasions that the case is closed so I spent the money. I escalate the dispute to the financial ombudsman and in the meantime I ask the credit card company for a copy of all recorded calls to prove my case, they send me a CD with the calls but they are all corrupted, I ask for another copy and again the same. There is only one call that works and that is where the credit card agent telling me that the case is still open (this is after I receive the letter as I called to ask what is going on).
I finally get a ruling from the financial ombusman yesterday ruling in the favour of the credit card company acknowledging that I was given wrong information and for that I should get a paltry sum for compensation but that a repayment plan should be put in place so I can repay the amount owing.
I do not agree with this ruling, is there anything further I can do.
Sorry for this post being so long. Thank you for any advice or help.
0
Comments
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You could appeal the FOS decision, but keep your expectations modest.
Where is the original bike now?0 -
Deleted_User wrote: »You could appeal the FOS decision, but keep your expectations modest.
Where is the original bike now?
Hi, bike has been with the dealer since I rejeted it.0 -
If the fos have ruled in the credit card companies favour then to all intensive purposes you must abandon that Avenue of approach
I think the only thing left to you is to take the dealer to a small claims court which is a relatively cheap and simple thing to do
Is the bike now legally yours even though it is currently stored at the dealers do you plan to retrieve it?0 -
skylinedude wrote: »Morning all,
I need some advice regarding a section 75. I shall try to keep this short.
Purchased a motorbike 24-04-18. Bike rejected 1st week in July 2018.
Within 2 weeks there was issues with the bike. The bike was returned to dealer according to them no fault found, this happened again and again the same answer. I purchased a helmet camera and took video footage of the fault while riding the bike, this time the dealer accepted there was a fault and allegedly fixed the bike and returned. The very next day the exact same fault appeared. The bike again was returned and again because I did not have video footage this time, the dealer states no fault found and said it was user error. I have been riding bike for nearly 30 years and not has this issue with any other bike.
I open a section 75 with the credit card company and after much waiting, they refunded the full the amount. I contact the credit card company on 2 occassions by telephone to confirm that the case is closed and the monies are mine to do with as I please, I also contacted them once by secure message and on all 3 occassions the credit card company confirmed the case closed and money is mine. Once was actually the CS Manager who asked me how I would like the money refunded.
I receive the money and proceed to buy another bike. approx. 2 months later i receive a letter from credit card company stating the the bike dealer has responded to the claim and disputes the claim. I advise that I was informed on three seperate occasions that the case is closed so I spent the money. I escalate the dispute to the financial ombudsman and in the meantime I ask the credit card company for a copy of all recorded calls to prove my case, they send me a CD with the calls but they are all corrupted, I ask for another copy and again the same. There is only one call that works and that is where the credit card agent telling me that the case is still open (this is after I receive the letter as I called to ask what is going on).
I finally get a ruling from the financial ombusman yesterday ruling in the favour of the credit card company acknowledging that I was given wrong information and for that I should get a paltry sum for compensation but that a repayment plan should be put in place so I can repay the amount owing.
I do not agree with this ruling, is there anything further I can do.
Sorry for this post being so long. Thank you for any advice or help.
When I recently has cause to use the FOS, they could not have been more informative of what my options were.
It surprises me that you have not been furnished with similar information.
In short, if this is the provisional resolution proposed by the ombudsman service. you can ask for the matter to be reviewed at a higher level, especially if you can provide further evidence on a specific point you do not feel has been considered correctly.
(I have to say from experience that the higher review, even with more supporting evidence, tends not not to change the proposed resolutionm unless it is fundamentally wrong and/or fails to cover part of the original complaint at all. You usually get a call from the FOS before a the resolution is proposed to ensure the complaint is fully understood and the resolution proposed addresses it)
In short, the options then are either you accept the resoloution or you don't. You are under no obligation to accept it, but if you don't that will be the end of the matter as far as the FOS are concerned and the supplier will not be asked or expected to abide by any suggested resolution that you have not agreed to.
Your options then are to seek a resolution via another platform, which essentially means litigation.
ETA: But then you probably are even more familiar than me with the process as I see you had a very similar experience in the past with Sainsburys that you posted about in October :cool:0 -
I am still the legal owner of the bike and I suppose I will have to retrieve it at some point.
I have the refund from the Credit card company. I do not see how they can get away with advising me incorrectly on 3 seperate occassions. I took all reasonable precaution to ensure it was all sorted before I used the money.0 -
Yes I agree and I think the fos agrees that the credit card company made a mistake and gave you incorrect advice
hopefully you'll get a small compensation payment for that
that does not however negate the fact that they have ruled in favour of the dealer0 -
Did the credit card company explain how they lost the case?
Feels like theres something missing from this story as based on what you've said I am a little surprised by the FOS outcome.0 -
From what I can work out. It seems that the dealer is allowed 45 days to dispute the refund but I was not told that until I received the letter advising the claim is still open. That was at least 3 months or more after I received the refund.0
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skylinedude wrote: »From what I can work out. It seems that the dealer is allowed 45 days to dispute the refund but I was not told that until I received the letter advising the claim is still open. That was at least 3 months or more after I received the refund.
Yes they get 45 days with MasterCard chargebacks. However you are also allowed to counter this. If you proved the bike was faulty then I don’t see how they could counter this? Unless you didn’t respond to the challenge?
The bank must have been specific in what happened?0 -
Too much missing information here - as observed by eco-warrior too.
When you raised the dispute with your card company, what did you actually say to them? Did you say you were making a S75 claim or something else?
If you stated you wanted your dispute reviewing as a 'S75 claim' because you felt the retailer was in breach of contract, then they would most likely have asked you to get an independent report on the bike before agreeing to review your claim. Did any of this happen?
The fact they have seemingly tried a Chargeback for you (and failed to make it stick) might be irrelevant. Most card companies will review S75 claims objectively and if you appear to have a case and provide the evidence they require, they will likely pay you out and that should be the end of it - subject to what they actually say to you (in writing).
What the card company then does with the debt is up to them - they can try a Chargeback or write it off or whatever.
Looking at the Chargeback angle, what did the retailer do to counter the Chargeback and what were you asked to provide to enable your bank to counter their 'counter' (so to speak) and what did you supply?
Notwithstanding all the apparent gaps in the account, I'm wondering whether your next move is to appeal the FOS decision on the basis that your claim was made as a S75 claim (if it actually was) that you have all the evidence needed to support your claim (if you do) and that the card company failed to follow their processes for dealing with such claims and botched (seemingly) a Chargeback instead.
Beyond that? Not sure.0
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