Car trouble

[OBEEE1]

Thank you, still no reply from the dealer I am very surprised but look like I am going to have to go down the small claims route, reading the information on the link now.

[OBEEE1]

I have contacted my credit card company as I payed on my card and I believe I have three months cover to make a claim for my money to be returned as long as I meet the criteria ? I believe I do so I sent all the information off to the credit card company but they say this will take 4 to 7 weeks for them to get back to me, I ticked the box requesting they send me a text message when they receive my information pack but I still haven't received a text from them either.. So do I wait the 7 weeks to see if they have been able to retrieve the money or should I start the slam claims presidia right away ? Thank you **

[des8]

So when did you send letter giving dealer 2 weeks to respond?

[OBEEE1]

I sent the letter a week ago and I gave them until the 2nd March so I gave them 2 full weeks plus weekends and today I sent them a message adding my personal bank account pay in option they already have my credit card as I payed for* the car on the credit card so I messaged them saying just in case you would like an alternative payment option here is my bank details.* Sorry I am a truck driver working nights so my reply's are a bit late and all over the clock.

[des8]

So you can't really initiate a claim until 2nd March.

There was no need to send them an alternative payment method, as by law they have to refund in the same manner as payment was made ..... so to your credit card, but no matter as long as you get your money back.

[OBEEE1]

So my last message was on the 15th Feb and I was feeling very positive, I was preparing to take this to the small claims court when reading all the pre planning advice I took the issue to my credit card as I had paid for it on this, they advised me sending all the information and any evidence to support my claim off to them. I did, I waited a couple of weeks as I checked the box for a text message when they received my information, but nothing, so I called them. They told me they had the information and was assessing it all and to call back in a weeks time, I did and they told me the money has been awarded back to me the full £4,600 but its in a holding account and the car dealer is being contacted to ask if he wishes to post a counter claim or contest this.. I was a bit surprised and I felt confident that all the evidence I submitted was full fare and frank.. So I waited another week and called back, they told me they had had no reply to there offer to contest the repayment.* so they were going to extend the offer to the 12 of March and by closing of business ion the 12th of March they should reimburse the funds from the holding account into to my account. So I checked my account on the 12th and nothing so I called on the 13th and they told me they had nor heard anything so they had written to the dealer again and offer them an extension of 45 days, this will be up on the 12th of April and if they still don't hear anything they may offer another extension.. I am now begging to believe I will never see this money again.*

[Manxman]

If you paid by credit card is the claim you have made against the CC company a s.75 claim?* If it was, I'm very surprised that they've given the dealer so much leeway.* I was under the impression (but I'm no expert!) that s.75 claims were relatively cut and dried if you had a good case and that the merchant had little chance of successfully defending one (unlike a debit card chargeback where the dealer can be more awkward).* It would appear from what you are saying that the dealer has not put forward any sort of defence to the CC company so I don't understand why they are being so accommodating to him.

If I'm mistaken no doubt DES8 or someone will put me right.

[des8]

I think the credit card issuer is taking the p**s.
Perhaps email them and remind them that once rejection is accepted they have 14 days in which to refund CRA 2015 Sec 20 (15)
They are jointly and severally liable, they have accepted the rejection.
It matters not what the dealer says as far as you are concerned.. that is the CC's problem.

*

[OBEEE1]

Thank you, when I called the Credit card company they said its clear from all the information I have submitted that I am fully entitled to a full refund and the money is in a holding account so I am also very surprised that they are now giving a second extension for the dealer to replay when they have ignored the first one and then to tell me they may offer them more time has my head in a spin. Thank you MANXMAN and DES8 for this information.. Yes I payed by credit card and so I wrote to them and they asked me for all the e mails and any letters and everything I had that could support my claim for a re fund. The read all of that and said I was awarded the re fund and the money had ben placed in a holding account and they had an obligation to ask the dealer if they wanted to challenge it.. So I am in a sort of limbo, now I had to get another car and I used the credit card as I thought the re fund would cancel out the new bill.. I talked to them yesterday and they said the re fund would not be in time to cancel out the new bill so now I have over £10, 000 on my card £4,600 I paid off already and not £5,200 for another car that I am going to have to pay for or incur interest payment s the re fund is not going to cover most of this. So just licking my wounded's here.. But I will phone the credit card company again and mention the points raised here, no names no pact but I will just ask about the point if I am in the right and the credit card company agree with this why is the dealer keep being given more and more time to challenge this.. Thank you*

[des8]

Do not ring the credit card company...write or email.
Tell them as they are in breach of* CRA 2015 Sec 20 (15) you are now also claiming damages (insurance, tax on new car plus interest charged on credit card as you have had to source a replacement.) If necessary you will initiate a county court claim for an additional £whateveritcostyou
This is allowed for under CRA 2015 sec 19 (11) (a)

[Manxman]

I don't know how to put this, but is your credit card issuer a "proper" bank/high street name, or are they a finance company most people have never heard of?* I don't understand why they haven't sorted this out for you.* As I said, I'm no expert but if I were you I'd be straight back to them on Monday ('phone and writing and email) to ask them what they're playing at.* Use the arguments outlined by DES8.

Also, I don't know if this is important or not, but did you make it absolutely clear to them that you were making a s.75 claim?* My understanding is that many bank staff are not even aware of their joint liability under s.75 and may not fully understand what their responsibilities to their cardholder are.* Ask to speak to a manager or supervisor if you suspect the person you are dealing with doesn't seem to understand what they should be doing.* Point out you've already incurred further costs as result of their refusal to pay you the refund that they've agreed to, and you'll be expecting them to cover those losses as well.

You may end up having to make a formal complaint (hope not - may take ages) and then go to the Ombudsman if a complaint gets nowhere.

[OBEEE1]

Thank you, my credit card is a master ending in card so I was hoping they would have a handle on this, so I original wrote to them asking if they could re fund me the money as the dealer was refusing to talk to me about it, I was inside the 30 day 2005 consumer rights act, stating that the goods the car in this instance fell short on a number of very important points and the dealer was refusing to acknowledge these. I wish I could send you all the e mails between me and the dealer, well they wrote back a couple of times and I wrote a lot LOL So I checked and according to my credit card I had 3 months in which to ask for the refund and I also had a 30 day warrantee with the dealer which I was well within. So I didn't see the trouble coming that I am in now. The dealer has not replied to me in over 2 months now they have both cars the car I part exchanged for, just £100 it was old and the one* bought. but I told the credit card all this and I did not know about the s 75 claim information. So I will write to them and politely mention if they would take a look at my claim in regards to the s.75 situation.. Thanks a million.*

[des8]

Thank you, my credit card is a master ending in card so I was hoping they would have a handle on this, so I original wrote to them asking if they could re fund me the money as the dealer was refusing to talk to me about it, I was inside the 30 day 2005 consumer rights act, stating that the goods the car in this instance fell short on a number of very important points and the dealer was refusing to acknowledge these. I wish I could send you all the e mails between me and the dealer, well they wrote back a couple of times and I wrote a lot LOL So I checked and according to my credit card I had 3 months in which to ask for the refund and I also had a 30 day warrantee with the dealer which I was well within. So I didn't see the trouble coming that I am in now. The dealer has not replied to me in over 2 months now they have both cars the car I part exchanged for, just £100 it was old and the one bought. but I told the credit card all this and I did not know about the s 75 claim information. So I will write to them and politely mention if they would take a look at my claim in regards to the s.75 situation.. Thanks a million.

Don't ask politely.... tell them politely that this is a section 75 claim and you require refund within two weeks as per CRA 2015 as mentioned previously as they have accepted the rejection.

[OBEEE1]

Don't ask politely.... tell them politely that this is a section 75 claim and you require refund within two weeks as per CRA 2015 as mentioned previously as they have accepted the rejection.

Up date. First I need to say hello and thank you so much, I have not forgotten about all the help and information I have received here, you have truly been the only bit of dry land I have had to stand on when all around were telling how stupid I had been to trust a car dealer, You helped me through a very troubling and stressful time for me. So here is where I am, after I read the information here II wrote to the credit card company and had no reply, so I ended waiting the 45 days and I gave the credit card a call, I was told that due to the lock down the department dealing with this was closed and they would leave them a message to get back to me and to call back in a couple of days.. I waited and called back, I was then told to call back in a week and they will write to me. I left it another week and in that week no call back no letter so I called back and this time I was informed that the money will be paid back to me. it hasn't arrived as yet but I have total faith it will.. Wow so all in all this has been going on since the end of December, a conclusion at last, thank you all from the bottom of my heart you were always in my thoughts but I wanted to wait until I had some news before I popped back in with a message. The help you provided me with here is priceless, I am not made of money as they say and I was in a bad place when it comes to what to do.. Thank you.

[des8]

Companies do seem to drag their feet when its time to give a refund.
They appear to think they are not bound by the statutes that govern all others.

Anyway, well done and thanks for letting us know the outcome