Section 75 rejection

[MorganS]

I am at my wit's end, so before I finally admit defeat, do I have any options left?

So long story short, I bought a car that had issues that were never fixed. I tried Section 75 to get my money back, but they have rejected it, stating the debtor-creditor-supplier chain was broken, making Section 75 protection invalid because I had bought the car through a car broker. The credit card company say that the broker misled me by telling me that I was covered by my credit card.

When the broker told me that I was covered by my credit card (even if I only paid the deposit), I didn't think this was factual, so I phoned the credit card company who told me that the information I had been given by the broker was correct, so I went ahead and bought the car. Irrespective of what the broker told me, I feel it is the credit card company that have misled me, by telling me the same information.

I have no records to prove that I made the phone call and the bank are saying that they don't record all calls, and conveniently, that is one they have no record of.

If I had known that I would not be covered, then I would not have made such a large purchase through a car broker.

A long time has passed since the purchase was made (over 5 years), and I am getting closer to the 6 year deadline. The broker and also gone bust during this time.

I feel my only option is to take the credit card company/bank to court, but it would only be my word against theirs, which I feel would be a very weak argument, even though my purchase did rely solely on that conversation.

Am I totally without hope or is there still something that I can do about this situation?

Regards

[echat11]

Hi Morgans

Have you sent the bank a Subject Access Request?, they have 30 days to provide all the information on the account. Make it a general request, so don't say I just want 'telephone records'. A general request, see what that throws up, go from there. Make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...ccess-request/

[atticus]

You need to analyse exactly who you bought the car from. You clearly have a claim against the party with whom you contracted.

[MorganS]

Hi Morgans

Have you sent the bank a Subject Access Request?, they have 30 days to provide all the information on the account. Make it a general request, so don't say I just want 'telephone records'. A general request, see what that throws up, go from there. Make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...ccess-request/

Hi ECHAT11,
I contacted an ombudsman but they sided with the bank because of a lack of evidence

[MorganS]

You need to analyse exactly who you bought the car from. You clearly have a claim against the party with whom you contracted.

Hi ATTICUS,
I have all the information of the broker that I bought the car from, but as mentioned, they are no longer in business.

[atticus]

If you bought the vehicle from the broker and paid the broker, what is the card company's problem? I suspect that they think that the broker was not the seller. Indeed that was my thinking, hence my earlier point.

[MorganS]

If you bought the vehicle from the broker and paid the broker, what is the card company's problem? I suspect that they think that the broker was not the seller. Indeed that was my thinking, hence my earlier point.

Their argument (and I don't fully agree with it because AFAIK car brokers still work this way), is that I bought the car from the broker, but it was the dealership that supplied the car., so in a nutshell the broker did not sell me the car, I paid him, he paid the dealership, the dealership gave me the car. If he had sold me the car, I would have been covered!

[atticus]

I asked you to analyse who sold you the car, and you appear to have given 2 different answers.

[echat11]

Hi ECHAT11,
I contacted an ombudsman but they sided with the bank because of a lack of evidence

Have you requested all the data on your account? They will provide all the data over a 6 year period.

[MorganS]

I asked you to analyse who sold you the car, and you appear to have given 2 different answers.

I bought the car from the car broker. My only dealings with the dealership were (1) when their delivery driver delivered the car, and (2) the pre-inspection paperwork that came with the car was from the dealership. The receipt and sales contract were both from the car broker. When I bought the car from him, I had no idea where he was sourcing it from.

[MorganS]

Have you requested all the data on your account? They will provide all the data over a 6 year period.

I haven't requested the information personally, but I was told by the ombudsman that they had requested it all when looking at the case, and that there were no phone records recorded for the period in question..

[atticus]

It is going to be important for you to get absolute clarity on this.

You have said:

... so in a nutshell the broker did not sell me the car ...

But you have also said that the contract was with the broker. Have you looked at the contract and seen exactly who it specifies as being the seller? I am wondering if there is some clever wording that may have thrown you off the scent.

[MorganS]

It is going to be important for you to get absolute clarity on this.

You have said:

But you have also said that the contract was with the broker. Have you looked at the contract and seen exactly who it specifies as being the seller? I am wondering if there is some clever wording that may have thrown you off the scent.

Sorry, my mistake, reading it again it wasn't that clear :-( The credit card company are saying that because the broker didn't actually supply the car (he got it from the dealership) , he did not sell me the car directly.and as such the debtor-creditor-supplier chain was broken. From my point of view, I only dealt with the broker. I payed him for the car and he had it delivered to me, with me being the 1st owner.

The terms and conditions state...

The Agreement:
We, XXX Ltd, agree to sell the goods detailed on the reservation form to you, the customer, on the terms specified on the reservation form and below.

Our Obligations:
I can type all their obligations out for you if you wish to see them?

[atticus]

That's enough, thank you, assuming that XXX Ltd is the broker. Has the credit card company had this document and its effect impressed upon it?

[MorganS]

That's enough, thank you, assuming that XXX Ltd is the broker. Has the credit card company had this document and its effect impressed upon it?

Yes, they have had all the information. I have also pointed out to them on multiple occasions that they are the ones that told me that I would be covered before I made the purchase. But due to the fact they say they have no recording of this, it is just my word against theirs :-(