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    • Debt/stress
    • By Debt/stress 6th Mar 18, 10:43 AM
    • 11Posts
    • 0Thanks
    Debt/stress
    Section 75 claim
    • #1
    • 6th Mar 18, 10:43 AM
    Section 75 claim 6th Mar 18 at 10:43 AM
    We currently have a claim in process. What wed like to know is do we have to return the goods if the credit card company refund us?

    Its for a vehicle and the garage has not been helpful hence us going down the section 75 route. The credit card company are trying to negotiate with the garage.

    Does the credit card company claim from the seller? If so where does this leave us? Do we still own the vehicle, if we get a refund?

    Thank you in advance for any advice
Page 1
    • cono1717
    • By cono1717 6th Mar 18, 10:50 AM
    • 688 Posts
    • 486 Thanks
    cono1717
    • #2
    • 6th Mar 18, 10:50 AM
    • #2
    • 6th Mar 18, 10:50 AM
    You'd have to return it. You can't keep something you get a refund for, unless the company say you can.
    • Debt/stress
    • By Debt/stress 6th Mar 18, 11:03 AM
    • 11 Posts
    • 0 Thanks
    Debt/stress
    • #3
    • 6th Mar 18, 11:03 AM
    • #3
    • 6th Mar 18, 11:03 AM
    If the company we purchased from don!!!8217;t refund they get to keep the payment and the vehicle?
    • Debt/stress
    • By Debt/stress 6th Mar 18, 11:04 AM
    • 11 Posts
    • 0 Thanks
    Debt/stress
    • #4
    • 6th Mar 18, 11:04 AM
    • #4
    • 6th Mar 18, 11:04 AM
    Sorry it!!!8217;s posted weird? What I mean is if the credit card refund and not the garage who owns the vehicle? Surely not the garage?
    • BorisThomson
    • By BorisThomson 6th Mar 18, 11:05 AM
    • 1,586 Posts
    • 3,420 Thanks
    BorisThomson
    • #5
    • 6th Mar 18, 11:05 AM
    • #5
    • 6th Mar 18, 11:05 AM
    If the company we purchased from don!!!8217;t refund they get to keep the payment and the vehicle?
    Originally posted by Debt/stress
    The CC company reclaim the money from the retailer.
    • Debt/stress
    • By Debt/stress 6th Mar 18, 11:37 AM
    • 11 Posts
    • 0 Thanks
    Debt/stress
    • #6
    • 6th Mar 18, 11:37 AM
    • #6
    • 6th Mar 18, 11:37 AM
    Yes but from what I!!!8217;ve read they don!!!8217;t always. The info isn!!!8217;t clear on what happens to the goods in this situation.
    • Debt/stress
    • By Debt/stress 6th Mar 18, 11:51 AM
    • 11 Posts
    • 0 Thanks
    Debt/stress
    • #7
    • 6th Mar 18, 11:51 AM
    • #7
    • 6th Mar 18, 11:51 AM
    Not sure why it!!!8217;s typing weird? Definitely not me.
    • DCFC79
    • By DCFC79 6th Mar 18, 11:56 AM
    • 31,642 Posts
    • 19,962 Thanks
    DCFC79
    • #8
    • 6th Mar 18, 11:56 AM
    • #8
    • 6th Mar 18, 11:56 AM
    Not sure why it!!!8217;s typing weird? Definitely not me.
    Originally posted by Debt/stress
    Do you mean the extra numbers and ! when you use a ' ?

    Its an issue when your posting using an Apple device.

    I'm surprised its still not fixed, its a forum issue.
    Can people stop loaning money/being a guarator to family/friends, it rarely ends well and you lose out as your money is gone or you get shafted with being a guarantor.
    • cono1717
    • By cono1717 6th Mar 18, 1:04 PM
    • 688 Posts
    • 486 Thanks
    cono1717
    • #9
    • 6th Mar 18, 1:04 PM
    • #9
    • 6th Mar 18, 1:04 PM
    Yes but from what I!!!8217;ve read they don!!!8217;t always. The info isn!!!8217;t clear on what happens to the goods in this situation.
    Originally posted by Debt/stress
    If the company accepts the goods back then they are accepting the refund. Similarly if your bank confirms the refund they are liable so they pay you the money and they claim it back from the supplier.
    • Debt/stress
    • By Debt/stress 6th Mar 18, 1:06 PM
    • 11 Posts
    • 0 Thanks
    Debt/stress
    What if they don!!!8217;t accept it and the credit card refund us. We hold onto the vehicle until it!!!8217;s decided where it goes?
    • cono1717
    • By cono1717 6th Mar 18, 1:14 PM
    • 688 Posts
    • 486 Thanks
    cono1717
    If the credit card refund you, you take the vehicle back to the company.
    • bris
    • By bris 6th Mar 18, 1:34 PM
    • 7,587 Posts
    • 6,606 Thanks
    bris
    If the credit card refund you, you take the vehicle back to the company.
    Originally posted by cono1717
    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.
    • Debt/stress
    • By Debt/stress 6th Mar 18, 1:40 PM
    • 11 Posts
    • 0 Thanks
    Debt/stress
    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
    • By Gavin83 6th Mar 18, 1:42 PM
    • 5,120 Posts
    • 8,326 Thanks
    Gavin83
    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.
    • Debt/stress
    • By Debt/stress 6th Mar 18, 1:49 PM
    • 11 Posts
    • 0 Thanks
    Debt/stress
    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
    • By BorisThomson 6th Mar 18, 1:59 PM
    • 1,586 Posts
    • 3,420 Thanks
    BorisThomson
    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.
    Originally posted by Debt/stress
    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?
    • Debt/stress
    • By Debt/stress 6th Mar 18, 2:54 PM
    • 11 Posts
    • 0 Thanks
    Debt/stress
    Someone in the trade who has experience of this.
    • bris
    • By bris 6th Mar 18, 3:06 PM
    • 7,587 Posts
    • 6,606 Thanks
    bris
    Someone in the trade who has experience of this.
    Originally posted by Debt/stress
    No they really don't have experience of that, it's nonsense.
    • cono1717
    • By cono1717 6th Mar 18, 3:49 PM
    • 688 Posts
    • 486 Thanks
    cono1717
    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.
    Originally posted by Debt/stress
    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
    • By lincroft1710 6th Mar 18, 4:03 PM
    • 10,664 Posts
    • 8,903 Thanks
    lincroft1710
    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.
    Originally posted by Debt/stress
    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.
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