S75 claim partial regund

[Needhelp2025]

Hi, looking for some help / advice.

I bought a BMW X3 2019 in Nov24. £23000. The deposit was paid on credit card, part exchange and the balance was paid by debit card. ( my husbands but joint account) The car was making noises when turning etc i reported this in Jan 25 and they booked in it in first available appointment which was beginning Feb. They had the car on 2 occasions for nearly 2 weeks in total each time being told the issuestill were fixed were infact they weren't. I rejected the car under CRA2015 as I had given them the opportunity to fix and felt they were just trying to fob me off to the warranty ran out. Anyway I had put 6000 miles on the car in 4 months and the retailer deducted £4000 for the trouble. I said this was not fair or reasonable and was told if I was going to quote my rights I'd get nothing and could go legal. I took the money offered and raised a S75 claim with the bank. Now the bank have been more than useless, they raised it initially as a chargeback in my husbands name then refused to speak to me about it even though it was me who raised it. ( i kid you not) it's now been about 10weeks, i raised a complaint last week about the lack of communication as you can't contact the cards dispute team directly and the customer service agents answering the phone are lovely but don't know anything about this. They have since come back looking to know if I'm seeking legal action or have initiated legal action. I asked them what difference this makes but haven't had a reply.

they were also asking for letters to how the retailer determined the deduction etc but I have practically nothing in writing from them, I did ask but it was never received.


Can someone advise what difference legal action makes?
What a reasonable deduction would be?
( the retailer put the returned car back up for sale at £1200 pound less than he sold it to me- so if he even got close to this hes certainly not sitting out of pocket)
if you think I'll have any success with the bank seeing as I accepted a partial refund from the bank?

[Needhelp2025]

Apologies for the typos above. Should have really proof read before posting.

The partial refund was from the retailer not the bank.

Thanks

[Pezza54]

Hi
Welcome to LB

In your first post I thought you stated you accepted partial refund from the dealer (£19K)

There are no joint credit card accounts. The account holder can add a person as an additional card holder who can request their own card if the bank accepts them

For a S75 claim the main account holder has to make the purchase (pay the deposit in your case)

A reasonable deduction for mileage would be £15p/mile making a deduction of £900

[Needhelp2025]

Hi, thanks for the reply.

Yes, I accepted £19000 from the dealer as I had rejected the car and needed something to buy a replacement.

The credit card is in my name, my husbands debit card was used to pay the cash balance after the deposit and trade in. Approximately £8000. This is a joint bank account.

So the credit card, paperwork for card etc are all in my name.

That's crazy.... £900.... to think of what he withheld from me. I'm so annoyed- a very expensive lesson.

[atticus]

Did you accept the £19K in full and final settlement of your claim against the dealer?

[Needhelp2025]

I'll be completely honest, I have no idea. I had to sign the car back to them, from memory the paperwork basically said i sold the car back to them. Didn't say anything about it bring rejected or a refund etc.

I said very little when there in person as when I didn't try to negotiate for more on the phone the owner was incredibly rude and told me he give me nothing and I could go legal.

here's hoping I havnt done something to mess it up.....*♀️

[Needhelp2025]

^* did try to negotiate ( not didn't)

[atticus]

The problem here is this.

s75 Consumer Credit Act 1974 makes the credit provider (the card company) jointly and severally liable with the seller for any breach of contract by the seller in relation to the goods sold and paid for using credit.

Here you clearly had a claim against the seller. But you appear to have settled it. If that is right, you have no further claim against the seller. If you have no claim against the seller, there is nothing for which the card company is jointly and severally liable.

My advice to you is to cooperate with the card company to see what you can get out of them.

[Needhelp2025]

Thank you, so when I accepted money from the dealer that also meant I lost any recourse i had. ( basically?)

I am doing my best to cooperate with the bank and chase them. They keep asking me for letters/paperwork i dont have such as something from the dealer to show how they worked out the deduction. They said alternatively they'd be forced to contact the dealer. I told them that was grand and gave names of all the people within the company who I had spoke to regarding this.

Why do they want to know if I plan to take a legal case or if im currently pursuing one? ( would this close my claim with then or something?)

[Needhelp2025]

I had spoken to the Consumerline which is part of the government department here in Northern Ireland. They were able to tell me the law but not how to apply it. Such as the relevant parts of the CRA2015.

They advised to accept the offer and then apply to the small claims court for the balance. But again unfortunately I have a serious lack of paperwork plus I'd have to pay to lodge the case.

[atticus]

The bank is asking if you are pursuing a claim against the dealer as they want to assess the chances of you getting back from the dealer the money you have claimed from the bank.

NB what I have said is subject to the caveat that my knowledge is of the law of England and Wales, not NI.

[Needhelp2025]

Right OK, so if im trying to reclaim the money twice so to speak.....well no at present i was just hoping the bank could recover/ pay even a portion of the money. I know the dealer is entitled to withhold a fair and reasonable amount for vehicle use. However £4000 is excessive and when I stated this to them I was told that was my opinion and tough!

Yes, I know the law differs slightly and most of the time we have less protections that other other jurisdictions.

Thank you for your help, I understand a little better now what I'm trying to amdo and the chances of achieving it.

[Needhelp2025]

Hi, so the bank unfortunately has rejected my claim. They state i have partly satisfied the criteria but am missing 1) that the garage accepted the car back as faulty and 2) i didn't accept the money as full and final settlement. How do I prove this? Unfortunately I have absolutely nothing in writing.

Please help.

[Needhelp2025]

I'm not very sure how to use this forum, so don't know how to quote or if its even possible but Someone mentioned 15p per mile deduction above- where does this amount come from? Is there anything to back this up?

Thanks

[atticus]

Do you have any communications with the garage? Email, text, WhatsApp, anything at all?