Section 75 Claim

[Christmassy]

Problem:

I purchased a car sometime back using part Credit Card and Bank Transfer payment. Due to multiple issues with the car and the dealer refusing to fix them, I had to raise a Dispute with the bank.

Chargeback:

The bank initially raised a chargeback claim for the Credit Card Payment which has been successful after 60 days and is in my account. The next step as suggested by the bank is to raise a Section 75 claim to recover the balance amount made by Bank Transfer.

Questions about Section 75:

However the Bank is now suggesting me to scrap the car immediately and after that they would raise a Section 75 claim for the remaining balance (Balance for the car - Scrap Invoice).

At this point I have the following questions (after I scrap the car):

1. What happens if S75 claim is not successful or I receive only a portion of money but not 100% refund?
2. After I scrap the car as suggested by the bank, can the dealer ask for the car back? I sent an email to the dealer to take the car back for full refund (2 months ago) but they did not respond.
3. Can I propose to the bank for me to retain the car and not scrap it yet but still pay me the (Market Rate - Proposed Scrap Value) as part of S75?
4. If I don't go forward with the S75 claim, can I retain the car and use the Chargeback amount to fix the car myself from a garage?
5. Can I propose to the bank to retain the car and drive it until MOT expiry and at that point decide whether to scrap or fix the car out of my own pocket?

Can you please provide your advise or suggestions?

Thanks in advance.

[Pezza54]

Sorry not enough info to provide useful advice
When did you purchase the car?
Did you use the car for business purposes?
Did you write to the dealer rejecting the car? If so, when?

Scrapping the car would be very risky and not advisable. Your S75 claim against the ccc or a court claim against the dealer would be based on the dealer refusing your right as a consumer under CRA to reject the car as it is not of satisfactory quality and unfit for purpose

[Christmassy]

Problem:

I purchased a car sometime back using part Credit Card and Bank Transfer payment. Due to multiple issues with the car and the dealer refusing to fix them, I had to raise a Dispute with the bank.

Chargeback:

The bank initially raised a chargeback claim for the Credit Card Payment which has been successful after 60 days and is in my account. The next step as suggested by the bank is to raise a Section 75 claim to recover the balance amount made by Bank Transfer.

Questions about Section 75:

However the Bank is now suggesting me to scrap the car immediately and after that they would raise a Section 75 claim for the remaining balance (Balance for the car - Scrap Invoice).

At this point I have the following questions (after I scrap the car):

1. What happens if S75 claim is not successful or I receive only a portion of money but not 100% refund?
2. After I scrap the car as suggested by the bank, can the dealer ask for the car back? I sent an email to the dealer to take the car back for full refund (2 months ago) but they did not respond.
3. Can I propose to the bank for me to retain the car and not scrap it yet but still pay me the (Market Rate - Proposed Scrap Value) as part of S75?
4. If I don't go forward with the S75 claim, can I retain the car and use the Chargeback amount to fix the car myself from a garage?
5. Can I propose to the bank to retain the car and drive it until MOT expiry and at that point decide whether to scrap or fix the car out of my own pocket?

Can you please provide your advise or suggestions?

Thanks in advance.

Sorry for the limited information.

I purchased the car 3 months back and did not use it for business purpose.

I have written communication with the dealer to reject and return the car for full refund as it was unsatisfactory and also given them a timescale to respond but they haven't responded (This was 2 months back).

My bank has advised me that if I need to raise a S75 then I have to scrap the car and provide them proof with Scrap Invoice and they will send me the balance amount. My queries are below:

1. Can I just provide a scrap quotation to the bank (without actually scraping the car) and then can process the S75 and provide me the balance amount?
2. If I donot want to scrap the car and use the refunded money (chargeback + S75 claim amount) to fix the car, will that be okay?
3. Since the dealer has not responded to my request to return the car, can they later ask for return of the car and if so, how long?

Thanks in advance for your advise and suggestions.

[Pezza54]

My advice is to obtain a quotation from a salvage company for the car's scrap value but do not scrap the car
Then start a S75 claim with the ccc enclosing correspondence you sent to the dealer and the salvage company quotation
I can't see why the ccc wants an invoice and not a quotation.
I suspect the ccc will attempt to contact the dealer and may have more success in receiving a response