Section 75 claim

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  • bris
    bris Posts: 10,548 Forumite
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    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
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    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: 8,751 Forumite
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    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
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    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
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    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
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    Someone in the trade who has experience of this.
  • bris
    bris Posts: 10,548 Forumite
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    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
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    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: 17,643 Forumite
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    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: 8,751 Forumite
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    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.
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