Tweet
Earlier this year we bought a used car which it quickly became apparent had several major faults. The biggest of these was estimated to cost £1,500 to repair, and was outside the third party warranty the dealer had arranged for us. He said there was nothing he could do, so we wrote to him (about 4 months after purchase) saying we wanted a full refund under Section 75 (as we paid with credit card). A few days after sending this letter (and no reply), we found out that the dealer had "done a runner", cleared the lot and premises etc, and subsequently that he'd applied for insolvency etc. We complained through local trading standards (as we could see others had done online) and lodged a Section 75 claim with our card provider, including an independent repair/fault report, and evidence around the dealer entering insolvency, and our attempts to contact him etc.
As seems to be common, the credit card firm has still to make a decision, although we keep being told "it's being dealt with" etc when we enquire.
A couple of weeks ago, we were involved in an accident (our fault) which the insurance company considered was a total loss. We have been offered by them about £1,300 less than we paid for the car, which presumably is what we will get back from the credit card under S75.
We are worried that if we accept the insurance valuation, and the car is scrapped ,we will no longer legally own the car and therefore won't be eliglble for the S75 refund. How does it work? Under S75 would the car ownership transfer to the card firm? Will they want to therefore claim back anything they can towards the value of the car (e.g. our insurance payout).
We're really unsure how this all fits together and what to do next - the insurance firm are pressing us for an answer on their valuation, at which point it will be scrapped. Can anyone offer any advice? Many thanks in advance.
As seems to be common, the credit card firm has still to make a decision, although we keep being told "it's being dealt with" etc when we enquire.
A couple of weeks ago, we were involved in an accident (our fault) which the insurance company considered was a total loss. We have been offered by them about £1,300 less than we paid for the car, which presumably is what we will get back from the credit card under S75.
We are worried that if we accept the insurance valuation, and the car is scrapped ,we will no longer legally own the car and therefore won't be eliglble for the S75 refund. How does it work? Under S75 would the car ownership transfer to the card firm? Will they want to therefore claim back anything they can towards the value of the car (e.g. our insurance payout).
We're really unsure how this all fits together and what to do next - the insurance firm are pressing us for an answer on their valuation, at which point it will be scrapped. Can anyone offer any advice? Many thanks in advance.
