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  • FIRST POST
    • 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 2
    • Gavin83
    • By Gavin83 6th Mar 18, 5:39 PM
    • 5,123 Posts
    • 8,342 Thanks
    Gavin83
    Rude! .
    Originally posted by Debt/stress
    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.
    • KeithP
    • By KeithP 6th Mar 18, 5:54 PM
    • 7,259 Posts
    • 6,782 Thanks
    KeithP
    Not sure why it!!!8217;s typing weird? Definitely not me.
    Originally posted by Debt/stress
    You can make your posts easier to read, and therefore more likely to be read, if you were to switch off Smart Punctuation on your ipad/iphone.
    .
    • Agricolae
    • By Agricolae 6th Mar 18, 11:43 PM
    • 367 Posts
    • 189 Thanks
    Agricolae
    If we forget about the details of the law for a moment, what happens here really depends on how your credit card company want to settle your claim and whether that is acceptable to you.

    Having seen a large number of similar claims, I can tell you that credit card companies have different preferences when it comes to these things. Ultimately though, none of them wants the hassle of taking ownership of a car (broken or otherwise), so I expect your credit card company will do either of the following if they think your claim's a winner:

    1) Decide it's not worth squeezing the seller for money and let you keep the car, taking the financial hit themselves (less common these days, but still happens).

    2) Decide it's not worth squeezing the seller for money and ask you to provide evidence that you've scrapped the car/donated it to charity. Any money received for scrappage will need to be given to the credit card company.

    3) Pay for the car to be removed from your property and returned to the seller.

    4) Pay for the car to be removed from your property and disposed of some other way.

    5) Attempt some kind of mediated settlement (e.g. a partial refund from the seller and you keep the vehicle).

    To keep costs down and minimise issues caused by lack of local knowledge etc. I would expect the credit card company to ask you to arrange for the removal and reimburse your reasonable costs, if it comes to that. Or if the seller is playing ball they will probably get them to do it themselves.

    So the short answer is yes, in some cases you might get to keep the vehicle.
    • DoaM
    • By DoaM 7th Mar 18, 12:38 PM
    • 4,285 Posts
    • 4,333 Thanks
    DoaM
    There is no situation where you can have a refund and keep the vehicle.
    Originally posted by Gavin83
    As per post #23, it seems there is ...

    5) Attempt some kind of mediated settlement (e.g. a partial refund from the seller and you keep the vehicle).
    Originally posted by Agricolae
    Diary of a madman
    Walk the line again today
    Entries of confusion
    Dear diary, I'm here to stay
    • marliepanda
    • By marliepanda 7th Mar 18, 1:02 PM
    • 5,639 Posts
    • 11,867 Thanks
    marliepanda
    You can make your posts easier to read, and therefore more likely to be read, if you were to switch off Smart Punctuation on your ipad/iphone.
    Originally posted by KeithP
    No point telling someone to turn off an actual useful feature of their device because MSE cant pull their finger out and fix it...

    Its an MSE issue, not an iPhone issue.
    • KeithP
    • By KeithP 7th Mar 18, 1:54 PM
    • 7,259 Posts
    • 6,782 Thanks
    KeithP
    How useful is a feature that turns posts into garbage when the poster is seeking help?

    I for one am more likely to help someone who is prepared to help themselves.

    Even if the iphone/ipad user doesn't want to change their settings, it takes but a moment of their time to edit their posts so others can easily read them.

    'Help others to help you' might be a useful maxim.
    .
    • marliepanda
    • By marliepanda 7th Mar 18, 2:09 PM
    • 5,639 Posts
    • 11,867 Thanks
    marliepanda
    How useful is a feature that turns posts into garbage when the poster is seeking help?

    I for one am more likely to help someone who is prepared to help themselves.

    Even if the iphone/ipad user doesn't want to change their settings, it takes but a moment of their time to edit their posts so others can easily read them.

    'Help others to help you' might be a useful maxim.
    Originally posted by KeithP
    On one site. Its MSE that is broken, it doesnt happen on any other of the million websites out there.

    Its a useful feature which should not be switched off to suit one website.

    Id rather people did leave them in so MSE are more likely to fix the issue. Im avoiding a lot of apostrophes but why should I? Why should I change MY iPhone settings? MSE needs to fix their forum, I dont need to shut down aspects of my phone.
    • KeithP
    • By KeithP 7th Mar 18, 2:13 PM
    • 7,259 Posts
    • 6,782 Thanks
    KeithP
    Please read what I said again:
    You can make your posts easier to read, and therefore more likely to be read, if you were to switch off Smart Punctuation on your ipad/iphone.
    Originally posted by KeithP
    I made a suggestion because the poster queried the situation.
    That's all.
    .
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