Section 75 issue

[MrPeeJay]

Hi all. I’m hoping you can help me.

Late 2021 my mum bought a car for me as I was short of money and needed it for work. It was bought from a dealership using her credit card.

a few weeks later a problem developed with the car (one that was present prior to sale but which the dealer repaired).

Several attempts were made to contact the seller to resolve the problem but nothing was resolved.

My mum made a Section 75 chargeback claim and, after supplying the relevant documentation to the credit card company, they found in our favour.

The chargeback she requested was for the cost of the repair however the card issuer refunded the full amount of the transaction to her account.

She waited for the 90 day appeal time but nothing ever transpired.

Around 6 months ago the seller started calling me asking for their money or the return of the car (my details were on the sale invoice as I was to be the owner).

The car was subsequently written off by insurers after an accident and my mum has since passed away.

I have attended a county court hearing and been advised to get legal advice.

Im not sure where I stand. The car was a gift from my mum, paid with her credit card. I have been told that it is MY responsibility to pay the dealership.

Can the seller still challenge the credit card company for the error in the refund issued?

Are they still liable for the cost of the repairs that were done?

Im losing sleep worrying about this. The case was adjourned until 14/2/23.

Happy to answer any questions. Thanks

[atticus]

What have you done with the insurance money?

What was the County Court hearing? Have you filed a defence to the claim?

[MrPeeJay]

The car was bought for £1190. The usurers valued it at £600. My excess was £300 so I received a cheque for £300 which I put towards a replacement car.

The last hearing was adjourned as I had not put in a defence. I have no legal training and can’t afford to pay for representation

[atticus]

Can you post the Particulars of Claim, please.

Can your mother's estate settle this claim, given that the money was returned to her account? You seem to have had a car for no money.

[MrPeeJay]

How do I post ‘Particulars of the claim’?

I, personally, haven’t had any benefit from this incident.

The car was bought using my mums card and the refund was credited back to it.

Why am I being chased? Surely the seller needs to get the money back from the credit card company!?

[atticus]

the Particulars of Claim will explain the grounds on which you are being sued.

And you have not responded to this: Can your mother's estate settle this claim, given that the money was returned to her account?

[MrPeeJay]

My mum had no assets at all. She was in social housing. She had a funeral policy and that was it. Her personal possessions were sent to the tip by the housing association that owned her flat. I took family memorabilia only, along with my sister. We’re a poor family.

I have the notice given to me by the court. I feel like I’m being punished for accepting a gift from my mum.

[atticus]

By all means feel sorry for yourself, but without seeing the details of the claim we cannot help you prepare lines of defence.

[MrPeeJay]

I did ask ‘how do I post the particulars of the claim?’ previously.

[atticus]

you will see a paperclip icon to the right of the blue bar above the box in which you type text when replying. Use that to upload a scan or legible photograph.

[MrPeeJay]

This?

[atticus]

A few questions.
1. Are you the purchaser named on the invoice?
2. Why did you not return the vehicle or some of the money when requested?
3. Did you reply to any of the letters? If so, what did you say?
4. What have you done with the insurance money?
5. When did you receive the Court claim?

I need to say that if you are the purchaser of the vehicle I think that you are in a difficult position here.

[MrPeeJay]

1. Are you the purchaser named on the invoice?

My name and address are on the sales invoice but the payment was made by my mum. The sellers account will show that.

2. Why did you not return the vehicle or some of the money when requested?

The chargeback claim was only for fees that I paid to repair faults that car that the seller never fixed. I believed that the car was rightfully mine. The card issuer erroneously refunded the full sales amount to the card. We left the money on the card as directed by the issuer. We stated to the issuer that they had refunded too much but they replied that it was up to the seller to dispute the refund. The whole amount was kept on the card in the chance that their appeal would be successful. I don’t know if they appealed. My mum passed away before the time limit for appeal and her card was cancelled with the full amount still on it.

3. Did you reply to any of the letters? If so, what did you say?

I never received ANY letters from the seller. I received several abusive and threatening phone calls. I always replied that they need to contact their bank or the card issuer.

4. What have you done with the insurance money?

The car was bought for £1190. The insurers valued it at £600. My excess was £300. I received a cheque for the remaining £300 and used that as part payment towards another car.

5. When did you receive the Court claim?

28/11/22

Im happy to answer any questions.

[atticus]

You need to write a defence that responds point by point to all the numbered paragraphs in the Particulars of Claim.

I am struggling to see a defence that will work, but others may see something.