Pursuing a section 75 and Consumer rights act 2015?

[des8]

Their solicitors? Lawgistics? I wouldn't bother to play letter tennis, especially as it seems your money is coming home! And who cares who the owner is? legally the finance house probably if buying on PCP or HP

[MIKE770]

I would disagree with efpom on this point, and suggest you send a letter to the dealer exercising your short term right to reject as per the Consumer Rights Act 2015.sec 20.
Email, followed by hard copy sent with free certificate of posting

Goods unsatisfactory and not fit for purpose and not as described

more to the factual way stated above

[des8]

I shouldn't worry about who owns the vehicle now, credit card /finance house/ dealer. Your money is coming home, so I wouldn't play letter tennis with their solicitor (?lawgistics by chance)

[Mjharper]

I've received a couple of replies on another forum that suggest the dealer is likely to dispute the chargeback and win. I find this hard to believe as I have all the evidence and still within the 30 day right to reject period, what do you think?

My card is only 0% for sixty days so I can't really wait 45 days for their dispute window as I have around 30 days left.
Their legal rep was from "lawdata" must be a firm car dealers use

Thanks

[des8]

Nothing surprises me.
Did you make a claim under sec 75 or chargeback?

If the CC turn down your claim it will be off to court (and include the extra interest!)

[Mjharper]

Nothing surprises me.
Did you make a claim under sec 75 or chargeback?

If the CC turn down your claim it will be off to court (and include the extra interest!)

I said I wanted to start a section 75 claim when I initiated the complaint (I didn't even know what a chargeback was!) but for some reason they've taken this route.

After reviewing your information, I'm pleased to tell you that I've applied a temporary credit to your account. This credit will show on your account whilst the merchant’s bank reviews the information.

Should the merchant's bank disagree with our actions, they'll provide us with more information, which we'll forward to you for review.

I was told I'm free to spend the credit but what happens if I spend it and they reverse the chargeback? can it be escalated to sec75? All the evidence is in my favour and I still need a car!

Thanks

[des8]

Besides your credit card for the deposit did you chase the car with finance?

[Mjharper]

Besides your credit card for the deposit did you chase the car with finance?

I paid £100 deposit with debit card - the rest of the amount was all on the credit card

[des8]

If the credit card issuer has only pursued this as a chargeback, yes you could then make a sec 75 claim and if necessary and you want you could initiate a court claim against them.

And don't worry about Lawdata, afaik they only give advice and write letters (which as you know are full of bovine excrement!)

[Mjharper]

If the credit card issuer has only pursued this as a chargeback, yes you could then make a sec 75 claim and if necessary and you want you could initiate a court claim against them.

And don't worry about Lawdata, afaik they only give advice and write letters (which as you know are full of bovine excrement!)

lol! I did find it strange that I knew more about the consumer rights act than a car trade legal representative!

[MIKE770]

lol! I did find it strange that I knew more about the consumer rights act than a car trade legal representative!

( Maybe they had a four wheel BUT no way of how to drive it) ooppssss Lol

[Mjharper]

Another update - after the chargeback and initial contact from their "solicitor" I've had radio silence again for a month. My credit card company asked for an update this week so I told them the last contact I had was to inform them I was not going to pay for delivery back to them for "inspection" as the car has been rejected and the onus is on them to collect

I was told we were in a 45 day period where they could appeal the chargeback decision - I got a text from my provider yesterday telling me "your case has been referred for review under Section 75"

Does this sound like the dealer has appealed the decision so the case has been escalated? I thought under sec75 the dealer would get the money back and my credit provider would give me the credit back (and pursue the dealer at their own discretion)

The saga continues!

[des8]

Can't really say, but would hope as the 45 day window is coming to an end this is a final check before they confirm the credit to your account.

[Mjharper]

Hi guys another update,

I won the section 75 claim!
After my terrible experience I left the trader a review on a popular car sales website. A few days later I receive a letter from law data regarding defamation (images attached)

I have lots of evidence to back up my case and their own warranty provider sided with me! I just wanted to run it by you guys - surely I don't have to remove a legitimate review that may prevent other people getting problems?

To respond to "Our Client's position" as shown in the images - They've said I haven't provided a shred of evidence, they've been sent vehicle diagnostics, their original advert stating FSH, and an Audi print out completely refuting this plus a full vehicle diagnostic from a specialist confirming the issue. Their own warranty provider sided with me and launched an internal audit. And apparently because I haggled the price down a little I lost all my consumer rights?

As to their opportunity to inspect the vehicle - they refused to look at it unless I paid approx £400 for it to be towed to them (I'd already lost £250 on delivery)

[efpom]

Lawdata Limited is not regulated by the SRA. It's not a solicitor firm.