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Section 75 / CRA 2015 Slam Dunk.. Or so i thought? Help!
Hi all,
I'll first warn anyone this is likely a long post and I really appreciate anyone taking the time to read/comment. I'll try and summarize it as shortly as possible and can answer any follow up questions and provide as much detail as needed. I have intentionally left out a lot of detail to keep it short, but I don't *think* it changes anything.
In March 2024 I purchased a car from a dealership. I purchased this on a credit card to ensure I had S75 coverage.
The car was meant to be serviced and MoT'd ready for collection. Supposedly it was and I drove the car home in the pouring rain (less than a mile) and left the car on the drive.
The following day I inspected the car, clearly it hadn't been serviced in accordance to the manufacturers guidelines (no stamp in the book, cabin filters were filthy, oil was very clearly old). I raised this with the dealership who said they only do 'oil and filter'. I felt mislead and they clearly hadn't done air filters, but a more pressing issue came up.
I drove the car for the first time and the engine management light came on. The dealership asked me to return the car for inspection and I did so. There was then a 2 week gap waiting for parts. These were fitted and I collected the car, however the engine management light came straight back on and the key had been damaged by the dealership during the repair process.
The dealership asked me to take it back again, which I did so a week later as I was away that week. The dealership cleaned a sensor and gave me the car back, no news on the key they agreed to replace
A few days later the EML came back on.
Lots of back and forth, including me suggesting I get the main dealership to repair it and give them the invoice, but they refused and wanted to repair it themselves.
After this other emails were exchanged and essentially communication broke down with them threatening me with legal action over a poor review I posted online around the service and experience I had so far (all truthful).
I sent a letter of rejection (It was within the 30 day time period allowed due to outstanding repairs during this period) and the dealership rejected this, saying their legal team would be in touch around the negative review (they never contacted me).
At this point I was left with a faulty car but understood I was covered under S75.
I asked the CC company to raise a S75 and chased them about this incessantly. When i would ring they would say it was a charge back and I'd challenge that saying it should be S75, but none of that seemed to get anywhere. Around 6 months later the chargeback and my follow up complaint were rejected. They also said i was not eligible to open a S75 as the dealership was open to me returning the car (Obviously they were not and the CC provider had evidence of this). I complained again about the lack of S75 eligibility as under CRA 2015 this should be an obvious case. I also raised it with the FOS to ensure I had some backing.
In short, FOS dismissed the case as they believed the CC provider opening a chargeback first was the right thing to do (im fine with this). CC provider did however resolve my complaint by opening a S75.
Long and short, S75 was opened, 6 months later it was rejected again. The complaint was lodged and the CC provider once again rejected it saying It was outside the 30 days (it wasn't, but even if it was the 30day-6 month rule would still apply) and that I made no effort to return the car (the dealer rejected my return request, unsure what I was meant to do here? Surely the CC provider can also accept the car.)
So I opened a FOS request for the S75 claim as well, this is where I thought I would have backing as CRA is quite clear in the <30 days and 30 days - 6 month days rights. This is still ongoing.
Unfortunately the FOS seem to be playing hardball, initially rejecting my claim as it was outside the 30 day mark (However i linked them the relevant legislation and they then agreed it was within 30 days if you minus the time the car was awaiting repairs), however they now will only settle for me getting the cost of the repair back and fixing the keys and keep giving obtuse reasons to not reject the car which often go against what they said previously.
They have been very clear in acknowledging that I have had a valid S75/CRA claim against the CC provider, however do not seem to want to agree to me returning the car.
I don't want the car and I believe i'm entitled to return it still as my original CRA claim is valid. I'm still in the process of challenging my case handlers decision as almost none of it makes sense, however it feels like they don't want to hear anything and have already made up their minds against the legal protections.
In short - Where do I go from here?
I thought S75 + CRA would be enough to make a clear decision in my favor as S75 is designed to give you legal protection. I'm not sure why the FOS don't want to follow these laws. Is it worth escalating inside the FOS to a manager? Do I shoot myself in the foot by escalating this in any way should I need to go to court?
Am I better going to court vs the original dealer, or the CC company, or both? Should i be looking for legal representation or is this something I can handle myself? The claim value is around £11k.
If I go to court, is the judge obliged to follow the law (unlike FOS?) as If i go through this process and I don't get to return the car, it's a waste of time and money.
Is my case as solid as I feel it is, because everything so far has been a massive headache when it seems so clear cut that the law is on my side.
Any advice is more than welcome and I can answer all follow up questions.
Thanks in advance, a very frustrated consumer!
I'll first warn anyone this is likely a long post and I really appreciate anyone taking the time to read/comment. I'll try and summarize it as shortly as possible and can answer any follow up questions and provide as much detail as needed. I have intentionally left out a lot of detail to keep it short, but I don't *think* it changes anything.
In March 2024 I purchased a car from a dealership. I purchased this on a credit card to ensure I had S75 coverage.
The car was meant to be serviced and MoT'd ready for collection. Supposedly it was and I drove the car home in the pouring rain (less than a mile) and left the car on the drive.
The following day I inspected the car, clearly it hadn't been serviced in accordance to the manufacturers guidelines (no stamp in the book, cabin filters were filthy, oil was very clearly old). I raised this with the dealership who said they only do 'oil and filter'. I felt mislead and they clearly hadn't done air filters, but a more pressing issue came up.
I drove the car for the first time and the engine management light came on. The dealership asked me to return the car for inspection and I did so. There was then a 2 week gap waiting for parts. These were fitted and I collected the car, however the engine management light came straight back on and the key had been damaged by the dealership during the repair process.
The dealership asked me to take it back again, which I did so a week later as I was away that week. The dealership cleaned a sensor and gave me the car back, no news on the key they agreed to replace
A few days later the EML came back on.
Lots of back and forth, including me suggesting I get the main dealership to repair it and give them the invoice, but they refused and wanted to repair it themselves.
After this other emails were exchanged and essentially communication broke down with them threatening me with legal action over a poor review I posted online around the service and experience I had so far (all truthful).
I sent a letter of rejection (It was within the 30 day time period allowed due to outstanding repairs during this period) and the dealership rejected this, saying their legal team would be in touch around the negative review (they never contacted me).
At this point I was left with a faulty car but understood I was covered under S75.
I asked the CC company to raise a S75 and chased them about this incessantly. When i would ring they would say it was a charge back and I'd challenge that saying it should be S75, but none of that seemed to get anywhere. Around 6 months later the chargeback and my follow up complaint were rejected. They also said i was not eligible to open a S75 as the dealership was open to me returning the car (Obviously they were not and the CC provider had evidence of this). I complained again about the lack of S75 eligibility as under CRA 2015 this should be an obvious case. I also raised it with the FOS to ensure I had some backing.
In short, FOS dismissed the case as they believed the CC provider opening a chargeback first was the right thing to do (im fine with this). CC provider did however resolve my complaint by opening a S75.
Long and short, S75 was opened, 6 months later it was rejected again. The complaint was lodged and the CC provider once again rejected it saying It was outside the 30 days (it wasn't, but even if it was the 30day-6 month rule would still apply) and that I made no effort to return the car (the dealer rejected my return request, unsure what I was meant to do here? Surely the CC provider can also accept the car.)
So I opened a FOS request for the S75 claim as well, this is where I thought I would have backing as CRA is quite clear in the <30 days and 30 days - 6 month days rights. This is still ongoing.
Unfortunately the FOS seem to be playing hardball, initially rejecting my claim as it was outside the 30 day mark (However i linked them the relevant legislation and they then agreed it was within 30 days if you minus the time the car was awaiting repairs), however they now will only settle for me getting the cost of the repair back and fixing the keys and keep giving obtuse reasons to not reject the car which often go against what they said previously.
They have been very clear in acknowledging that I have had a valid S75/CRA claim against the CC provider, however do not seem to want to agree to me returning the car.
I don't want the car and I believe i'm entitled to return it still as my original CRA claim is valid. I'm still in the process of challenging my case handlers decision as almost none of it makes sense, however it feels like they don't want to hear anything and have already made up their minds against the legal protections.
In short - Where do I go from here?
I thought S75 + CRA would be enough to make a clear decision in my favor as S75 is designed to give you legal protection. I'm not sure why the FOS don't want to follow these laws. Is it worth escalating inside the FOS to a manager? Do I shoot myself in the foot by escalating this in any way should I need to go to court?
Am I better going to court vs the original dealer, or the CC company, or both? Should i be looking for legal representation or is this something I can handle myself? The claim value is around £11k.
If I go to court, is the judge obliged to follow the law (unlike FOS?) as If i go through this process and I don't get to return the car, it's a waste of time and money.
Is my case as solid as I feel it is, because everything so far has been a massive headache when it seems so clear cut that the law is on my side.
Any advice is more than welcome and I can answer all follow up questions.
Thanks in advance, a very frustrated consumer!
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