S75 claim partial regund

[Needhelp2025]

I have a couple of whatapps i sent, one at the beginning saying there was a noise etc and a reply to say to contact the service team from the sales rep and one I sent to the company owner stating I wasn't happy with the deduction and how I was being penalised for something that wasn't my fault. And a call log from him 20mintues later. And about 50 calls logged to n from the dealer main phone number. I did ask for stuff in writing as we went along but it was never sent. I have given the bank all of this when making the initial claim.

[Needhelp2025]

The garage are also saying 1. They offered to repair, replace or return the car as this is something they offer to everyone and in their opinion i just lost heart in the car. When received back there was nothing mechanically wrong with the car. Surely the very fact they had it 2 times for repairs and offered a 3rd attempt proves there was an issue?

The bank are saying basically all they have is my version n the dealers version and no evidence to meet section 75.....

[atticus]

It is for you to prove your claim. I explained in an earlier post how s75 works.

[Pezza54]

Please read the legal article "Is Reasonableness in the Eye of the Beholder? New Guidance on a Reasonable Deduction for Use" at www.mils.co.uk

To me the 100k mileage for a car before it is considered at the end of its life (used by the motor ombudsman), is too little and I prefer the Chartered Trading Standards Formula that uses 140k miles lifespan
In the example using this second formula the mileage deduction worked out at 16p mile

You can try working out the mileage deduction on your car using the second formula
If you have a problem you can post the car's clocked mileage when you took delivery and I can calculate the deduction

[Needhelp2025]

Thank you PEZZA1,

Head completely fried now. The first formula is working out at more than the garage actually deducted....

The second one i have no idea how much the car cost new.... but i can imagine alot. Maybe I'm reading the whole thing wrong.....

[Needhelp2025]

Thank you ATTICUS,

I've looked at all the information you've sent and looked both acts up again.

So whilst I have very little on paper my arguments are:

If there was nothing wrong with the car why did they attempt to fix nothing on 2 occasions?

All my call logs to and from and, length of the conversations. And the couple of WhatsApps I sent.

The bank has asked for proof of a fault from me but as per the cra2015 it's not up not me to prove a fault within the first 6months.

According to the cra2015 i only have to allow them one attempt to fix the issue which failed b4 i can reject. I gave them 2 chances. ( the bank are effectively saying the dealer offered me other options so it's on me I went this route.)

The bank has also offered the dealers justification of the refund amount which is totally irrelevant, the smount they resold it for or they say the new owner has had no issues.

We accepted the refund under duress as we were told it was that or nothing. They knew we were extremely unhappy.

(But turns out we were probably right to do what we did as the bank would probably still be rejecting this and we'd be wholly out of pocket. )

Thanks for your help.

[Pezza54]

If the car had 54k miles on the clock when you bought it, using the 2nd formula, the 2019 car is in period 2.
The calculation is:

0.3 x £23k /36k miles (25% of 144k miles) = 19p per mile making a deduction of £1,149

Using the motor ombudsman's formula the deduction is:
£23k/ 46k miles = 50p per mile making a deduction of £3k
This formula doesn't make sense. The higher the mileage at the point of sale, the more the pence rate per mile driven increases
If the car you bought had only clocked 10k miles, the rate works out at 25p/mile

[Needhelp2025]

Thank you very much.

[Needhelp2025]

Hi, i replied to the banks rejection of my claim on the basis that I was within my rights to reject the car given the cra2015, how I was within my statutory rights, the new calculation on the mileage which is considerably lower than the amount withheld by the dealer. How the fact the dealer confirmed the car was in for repair was enough proof to enact my rights to reject the vehicle, how the mileage claimed by the dealer is approx 500miles more than I actually put on the vehicle etc. And how the are jointly and severally liable..........

They have replied today to say they are still rejecting my claim on the grounds that I had the vehicle 4months and put 6500 miles on it. How in 2024 average annual mileage in the UK was 7-8000 miles. Therefore they are still rejecting my claim.


Although unfortunately I have very little in writing I did think the below was enough when I sent my reply to the original rejection;

2 WhatsApps- one stating the was a fault prior to the car going to the workshop. One to the company owner during the rejection on the car.

Call logs- approx 60 calls spanning 3 weeks from the car first was booked in.

The garage confirmed the car was in with a fault. ( although I'm not quite clear if they've confirmed it was in on 2 separate occasions.)

We have read the banks letters and they definitely read that they have sided with the poor car garage and I'm the one being unreasonable. Even telling me how much the car was resold for and how the new owner hadnt reported any faults.

What am i missing here? Am I flogging a dead horse so yo speak? Do I write to the bank again or go to the ombudsman as the letter suggests?

Thank you.

[Pezza54]

Sorry I am not optimistic about your chance of a successful claim with the FOS or in court.
In post 6 you stated you believed you sold the car back to the dealer. You didn't mention that you told the dealer you were accepting the £19k payment but did not agree with the amount and were reserving the right to make a claim for more money

[atticus]

I repeat:

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]

Ok, I get what your saying. Unfortunately, basically I'm screwed.

The bank are taking everything the dealer has said to be gospel. I just find it very difficult to accept because the dealer clearly knows the system better than I do that I've been caught it. especially when the CRA2015 is there to protect the consumer, that i should not suffer financially due to being sold a faulty product. ( less any reasonable deduction.) I'm so cross at myself!

This dealer has make money by selling me a faulty vehicle and I'm out of pocket.

Ive cooperated with the bank and got no where..... so really any other advice?

Do i try with the bank again by replying or go to ombudsman?

Sorry if this is rather obvious and I'm just missing it.

[Needhelp2025]

Pezza, I did all the the items in post 6 you are referring to verbally but nothing in writing. Except what they made me sign in order to process the refund.

[Pezza54]

You can refer your complaint to the FOS. It is a free service so nothing to lose but time and stress