How much longer should I wait for a section 75 claim?

[Fredup]

Hi everyone
Long story short rejected a used car bought end of Dec 2020 for £5500 within 30 days as faulty. Trader didn't want to know (what a surprise). Sent off a Section 75 claim along with independent report. Barclaycard have blamed it on 'a back log and fair play they have given £50 credit but still no nearer a resolution after 9 weeks. I know it takes time but they did say they would prioritize the claim. How much longer should I expect to wait or should I be taking further action like the FCA?

[Fredup]

# financial ombudsman not FCA

[Fredup]

12 weeks now starting to think section 75 doesn't really exist

[des8]

There's no set timeframe for your card provider to resolve a chargeback or Section 75 claim, but if you're unhappy how long it's taking, you can complain to your provider, it then has eight weeks to deal with this complaint.

However as more than eight weeks have passed since you submitted your claim you can refer your claim to the FOS straight away without the need for a deadlock letter

[MIKE770]

i waited 9 months and got refused refund if i did not like it take the company to court???? 6,500 miles away! that is the state of so called FOS non service

[des8]

There is no reason not to commence a court claim whilst awaiting the outcome of the Sec 75 claim.
However if you do that you won't be able to refer to FOS

Before initiating court claim do make sure the trader has assets sufficient to cover any award you may obtain.

[Fredup]

There's no set timeframe for your card provider to resolve a chargeback or Section 75 claim, but if you're unhappy how long it's taking, you can complain to your provider, it then has eight weeks to deal with this complaint.

However as more than eight weeks have passed since you submitted your claim you can refer your claim to the FOS straight away without the need for a deadlock letter

Thanks for advice. Complaint form sent to FOS.

[Fredup]

OMG it's been over 4 months now and still no nearer a resolution. Finally got a letter from Barclaycard today asking for an independent report about the faulty car. We had already sent them this in January 2021 and informed them we don't want the car repaired! We have escalated to FOS but they're saying could be another 4 months before they look at case. We've even had to put a house move on hold with a £5500 credit card debt still over our heads.

At the risk of sounding so negative I'm beginning to wonder if the Consumer Rights Act 2015 is just a bit of worthless paper and banks will do anything they can not to have Section 75 claims resolved?

We just don't know what to do next as Barclaycard are just sending us around in lengthy circles!

[des8]

The Consumer Rights Act 2015 is really quite good for consumers.
You decided to use the Consumer Credit Act 1974 Sec 75 and are then trying to enforce your rights through your card supplier.
If you had come to us at the beginning of your problems I at least would have suggested, as well as sec75, you open a court claim as it is often (even with covid delays) faster than sec 75.

Perhaps an email of complaint to Barclays Jes Staley (their CEO) : jes.staley@barclays.com

[Fredup]

Thanks for the link. I'll send an email got nothing else to loose. All the advice was to use section 75 and then the FOS but never did I think it would take so long. I believe if I use the small claims now not only will it cost another £410 but I wont be able to use FOS either. We can't afford to pay out anymore we have already had to get a replacement car!

[Fredup]

Update:
Ok so now I am totally confused! Barclaycard have finally contacted us after over 4 months since making section 75 claim. Have told us the following:

Even though we rejected the faulty vehicle we bought in December 2020 within the 30 days of Consumer Rights Act 2015 we are not entitled to a Section 75 refund. We were advised to stop using the vehicle which we did after 14 days and just 200 miles use.

1.Barclaycard say we should have given the car back to the dealer.
2.Even though Barclaycard have taken over 4 months to look at the claim they now say the most we 'may be entitled' to is a repair.
3. They also say the Consumer Rights Act 2015 has no bearing on a Section 75 claim.
(Despite their recent and misleading AD campaign saying if you buy something that turns out to be faulty within 30 days you can ask for a refund under Section 75).

We have lodged a complaint already with the FOS but unless I am really missing something about all this is it still worth pursuing as the car is depreciating every day?
Is it too late or worth going to the Small Claims Court?

Otherwise looks like only option is probably getting repaired now at our cost before we can sell the car on at a loss because we can't wait another 4 months for Barclaycard to make another decision.

Any advice appreciated??

Lesson learned and I can only advise to others in similar situation is like someone once said the Law is an Ass!

We have found this so stressful and I guess the rogue trader and big bank win on this occasion. Only good thing is our replacement car so far seems fine!

[des8]

You are being misdirected by Barclays:

1) it is for the dealer to collect the vehicle (CRA 2015 Right to Reject Sec 20 (7) (b) the consumer has a duty to make the goods available for collection by the trader)

2)You rejected within 30 days and that entitles you to full refund. You do not have to accept a repair because of their delay.

3) sec 75 of CCA 1974 makes the credit card issuer jointly and severally liable for any breach of contract by the supplier of the goods.
The breach of contract is of the terms of the contract implied by CRA 2015

Have you sent this additional complaint to FOS?

Try complaining to Barclays CEO jes.staley@barclays.com

You have 6 years from date of breach of contract to initiate county court claim, so not too late yet!
I never recommend FOS as they are extremely slow and they do not find according to the law, but according to what they think is fair

[Fredup]

You are being misdirected by Barclays:

1) it is for the dealer to collect the vehicle (CRA 2015 Right to Reject Sec 20 (7) (b) the consumer has a duty to make the goods available for collection by the trader)

2)You rejected within 30 days and that entitles you to full refund. You do not have to accept a repair because of their delay.

3) sec 75 of CCA 1974 makes the credit card issuer jointly and severally liable for any breach of contract by the supplier of the goods.
The breach of contract is of the terms of the contract implied by CRA 2015

Have you sent this additional complaint to FOS?

Try complaining to Barclays CEO jes.staley@barclays.com

You have 6 years from date of breach of contract to initiate county court claim, so not too late yet!
I never recommend FOS as they are extremely slow and they do not find according to the law, but according to what they think is fair

The claim assessor from Barclays was adamant that the Consumer Rights Act had no bearing on Consumer Credit Act Section 75. Basically his argument was having the vehicle repaired puts us back to the position of having a working vehicle. I disagreed as we had rejected it within 30 days for full refund. Pointing out the jointly a severable bit about Section 75 but we just ended up going round in circles. He even said we should have given the car back to the dealer but advice we were given was to just stop using it.

FOS were not much use when we asked what to do next and as they have already said could be another 4 months or more before they investigate. We cannot take the stress or inconvenience of having the vehicle anymore and we're gonna sell the car to online car buyer for what ever we can get for it. Probably more than £2000 less than we paid 5 months ago?

Did send an email to CEO as you suggested but got a reply just saying they are aware we have made a claim to FOS.

This whole experience is just proof that neither the CRA or Section 75 have been of any use in our case. When it comes to getting a refund on used cars the dealers can just do what ever they like!

[des8]

Just because you have a claim under CRA doesn't mean a trader (or credit card provider) will accept it.
That is why sometimes it is necessary to enforce rights through the courts