Section 75 rejection

[echat11]

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..

There might be no information regarding the calls, but I wouldn't rely on the FOS, there is an inherent bias, the credit card company, pays money to the FOS to look into your complaint. So knowing that, I'd send a SAR, it costs you nothing, but 5 minutes. Make sure you get Proof of Postage. You might be surprised and it might turn something up.

[atticus]

Someone appears to be inconsistent when it comes to giving reasons not to accept your claim.

[MorganS]

There might be no information regarding the calls, but I wouldn't rely on the FOS, there is an inherent bias, the credit card company, pays money to the FOS to look into your complaint. So knowing that, I'd send a SAR, it costs you nothing, but 5 minutes. Make sure you get Proof of Postage. You might be surprised and it might turn something up.

OK, thanks.
I've just done that, so I'll see if it turns anything up.

[MorganS]

Someone appears to be inconsistent when it comes to giving reasons not to accept your claim.

It has just been so frustrating. In hindsight I would have got everything in writing, but when the person on the other end of the phone said "Yes that's correct, you are protected", I just accepted it and thought that I would be covered.
I'm half tempted just to try and take them to court, but that just might be a waste of even more money. In my head I know that it doesn't make sense to have gone ahead with the purchase if I had been told that I am not covered, but that is not going to be a good enough reason to take legal action as I'm sure the court are going to want the proof that I do not have. All I have is the logic.

[atticus]

How much are we talking about?

[MorganS]

How much are we talking about?

Just over 24K

[atticus]

OK. As you probably know, bringing a case for that kind of sum entails a likelihood of having to pay the other party's legal costs should you lose.

[MorganS]

OK. As you probably know, bringing a case for that kind of sum entails a likelihood of having to pay the other party's legal costs should you lose.

Yeah I know and that is what concerns me. I should never have been put in this situation.

[atticus]

Do you have legal expenses cover with a home or motoring policy, or maybe AA/RAC?

[MIKE770]

section 75 is a poorest legislation - banks/credit card companies fail miserably on claims, tried 3 never got one sorted and FOS service is as much use as a Fzzz in a Thunderstorm! oppss?
#

[echat11]

section 75 is a poorest legislation - banks/credit card companies fail miserably on claims, tried 3 never got one sorted and FOS service is as much use as a Fzzz in a Thunderstorm! oppss?
#

I think the Legislation is not to bad, but you need evidence to make your claim and show that you've tried everything to resolve the matter. But as Mike says you need to be determined, because they do everything to end the claim.

[MorganS]

Do you have legal expenses cover with a home or motoring policy, or maybe AA/RAC?

I do have legal cover, but that only covered advice and not going to court. It took me ages to track the details down because unbeknownst to me, you have to claim on the policy that you had at the time of the purchase and not the current policy. Everyday is a school day!

[MorganS]

I think the Legislation is not to bad, but you need evidence to make your claim and show that you've tried everything to resolve the matter. But as Mike says you need to be determined, because they do everything to end the claim.

Right now I'm like a dog with a bone. Don't get me wrong, the money is very important, but right now it's about the principle!

Out of interest, I emailed another online broker who works in exactly the same way as the broker who I bought the car from, and they have told me that I would definitely be covered under Section 75!

[MorganS]

Thinking outside the box, I had an idea last night. As the bank "have no record" of the conversation that I had with them about me being protected, I'm thinking of ringing them to ask the same question that I asked before I bought the car to see if I get the same answer, and if so, use that as evidence. However, my paranoid side tells me that my account with them may already be red flagged!?!