Car purchase gone wrong…. No.2
- Thread starter wingman
- Start date
All good points and I'm glad you've made them, as I feel as though at least I'm being somewhat reasonable at the moment.
The challenge is the time of year we're in and the owner isn't in the business (allegedly), but the facts are that I've contacted them numerous times to state I want a refund, and not a repair, they have my car or money, I have their "courtesy" car, and I'm waiting on their "legal team".
Ultimately I'm waiting on their next move, I've been calm across the board and have made it clear that I believe the £1 charge is not applicable, and I simply want a refund. Until they get in touch with me, I don't know what the next move is. I need to know what they want to do first.
If it gets nastier still etc. then of course, next steps will be to contact the CC company and/or MCOL/legal/professional assistance, but that'll be on them to see how far they want to push it.
If they do push back on this I'll be gutted, as I was only trying to help them out by changing it myself.
They’ve messaged me this morning asking for a convenient time where they can collect their loan car, and drop “my” BMW off, as they “need the loan car back”.
Hopefully a last-ditch effort on their part to sway me to keep it. I’ve replied saying “no need, as per our ongoing conversations, I’m rejecting the vehicle”.
They’ve not even told me what the issues are, or if they’ve fixed them (even then, I’ve asked that they don’t fix them as I don’t want it back).
Hopefully a last-ditch effort on their part to sway me to keep it. I’ve replied saying “no need, as per our ongoing conversations, I’m rejecting the vehicle”.
They’ve not even told me what the issues are, or if they’ve fixed them (even then, I’ve asked that they don’t fix them as I don’t want it back).
Last edited:
Translation: they've played about with the X5 and realised it's going to cost to fix everything and want to bully you into keeping it.
Don't give them the hire car back. Wait for their "legal proceedings" to get it back, then they will realize it's going to be easier to refund you and get their 15k hire car back. (that amount was what I recall you saying it was worth).
Also block the hire car in as they will just turn up with a spare key.
100%, they've likely scanned it and also found the throttle valve fault the OP referred too earlier.
@wingman I really really recommend you get some professional advice here, the garage are clearly 1: In breach of contract, and 2: are not going to allow you to just reject the vehicle without a fight.
And again - get on the phone to the credit card company and section 75 it, they're not going to be so keen to give you the car back, if the CC company have clawed back any funds.
If I were you, that vehicle wouldn't be coming anywhere near my driveway, I'd give their hire car back if they asked for it (you technically have to, as it's their property) - but I wouldn't be accepting it back, not under any circumstances whatsoever.
Last edited:
- Joined
- 14 Jun 2004
- Posts
- 17,744
- Location
- Newcastle U/T
@jaybee is probably correct, they'll have worked out just how much the repairs are gonna be and they want shot
In my eyes the "owner not being in" has nothing to do with it tbh, its a legal right not a management discretion
As above, get something parked in front of the loaner they've given you and ensure that you have in writing to them that you are rejecting the vehicle and there is no reason to drop it back off with you.
I'd simply state that once the rejection has been completed and the refund issued then they can collect the loaner
If they're still messing about then S75 via CC, MCOL shouldnt even come into it.
You've got your consumer rights and the additional protection from S75, no need at all to incur any costs.
The CC co will likely ask for proof of attempts and getting it sorted via the Seller give them that and let them deal with it.
In my eyes the "owner not being in" has nothing to do with it tbh, its a legal right not a management discretion
As above, get something parked in front of the loaner they've given you and ensure that you have in writing to them that you are rejecting the vehicle and there is no reason to drop it back off with you.
I'd simply state that once the rejection has been completed and the refund issued then they can collect the loaner
If they're still messing about then S75 via CC, MCOL shouldnt even come into it.
You've got your consumer rights and the additional protection from S75, no need at all to incur any costs.
The CC co will likely ask for proof of attempts and getting it sorted via the Seller give them that and let them deal with it.
Last edited:
Thanks man, yeah I'm trying to - I'd like to think I've been calm, collected, and reasonable so far, but clearly that doesn't make them resolve the issue.
100%
They're collecting the car this afternoon apparently, I've asked them where we're at with the refund, and I've not received a response.
They'll be here shortly, if they arrive with the X5 and try to dump it, then I'll go down the S75 CC route and/or MCOL as necessary.
Still haven't heard from their "legal" team
This is my next step within the next couple of hours, allegedly (as above) the loan/courtesy car is being collected this afternoon, dependant on how that goes will determine the next steps, whatever happens now will dictate how I approach the situation.
Professional advice will be sought if this isn't resolved today, as you have said.
Ugh, I know you're right, but it's not in my nature - I want things to remain amicable, insofar as they can remain amicable.
I know it seems like this is allowing them to walk over me, and to an extent I agree, but I have no idea what kind of folk these are after the fact, they know where I live etc. which I know shouldn't stop me, but if I do look as though I stopped them from - as @Screeeech put it earlier, their own property, then I'm the one in the wrong.
So far I don't think I've made any mistakes - short of buying the vehicle in the first place - in terms of dealing with the situation professionally.
I know they're not granting me that pleasantry.
Edit: they’ve just text to say they’re not collecting the loan vehicle today. Nothing regarding the refund.
Last edited:
- Joined
- 14 Jun 2004
- Posts
- 17,744
- Location
- Newcastle U/T
I'm sorry but them coming round randomly with a spare key and nicking the loaner isn't really amicable, so I really don't see the harm in having a friend or family member block it. in.
the mcol thing shouldn't even be a consideration, you legally have s75 protections, this is precisely what it's for.
stop trying to play friends with everyone tell them exactly what you want and give them a 72 hour time frame.
explain they if theyve not confirmed within this time frame that you will be contacting your card issuer.
we had a guy install some rather expensive shutters to one window, proper mangled them, refused to repair then disappeared.
he knows where I live, he has my number, he has my email, id like to think he's a good few k outta pocket for acting like a ****
s75 to the rescue!
and please before buying any more cars, get a 2nd opinion aye
the mcol thing shouldn't even be a consideration, you legally have s75 protections, this is precisely what it's for.
stop trying to play friends with everyone tell them exactly what you want and give them a 72 hour time frame.
explain they if theyve not confirmed within this time frame that you will be contacting your card issuer.
we had a guy install some rather expensive shutters to one window, proper mangled them, refused to repair then disappeared.
he knows where I live, he has my number, he has my email, id like to think he's a good few k outta pocket for acting like a ****
s75 to the rescue!
and please before buying any more cars, get a 2nd opinion aye
Not sure a successful section 75 claim necessarily means the credit card company recovered the money from the seller.
Man of Honour
- Joined
- 21 Nov 2004
- Posts
- 47,944
It sounds dodgier and dodgier. I hope at some point when this is through you name them. At no point would I be taking the car back and certainly not in exchange for the loan car with no explanation and no fix. I’d already have been in contact with the CC company. It’s actually really easy and they’ll talk you through the process, I’ve set one up before just in case I didn’t get sense from the company, which I eventually did and just cancelled the claim.
Last edited:
Done - started a claim with the CC company.
Sorry, I did edit the original post but have been trying not to spam this particular thread and keep my responses to a minimum, hence replying en-masse in one message.
So after rushing home to make sure we were in, we received a text around 4:30pm to say "sorry wingman, can't make it today, will text tomorrow" - I replied asking where we were at with the refund, he responded "that's with the other guy".
Chance would be a fine thing. They're the slowest moving company I've had the displeasure of working with.
Started a claim, have a claim number, just got to wait on the CC company now.
What a classy, high level of customer service they are providing with that reply. When they ask about the loan car then, respond also with "it's with the other guy". It makes about as much sense so...
- Joined
- 14 Jun 2004
- Posts
- 17,744
- Location
- Newcastle U/T
No but the (insurance backed?) Cover certainly rescued me
I did a little digging myself and turned our the bloke did have a few shutter companies that he seemed to trade as so certainly a bit dubious lol
Soldato
- Joined
- 22 Jul 2014
- Posts
- 3,931
- Location
- Oxon
It's likely - it depends on the merchant but how it typically works is the chargeback amount is initially debited from the merchant's payout balance and then recovered by the same DD mandate used to payout funds from the MID, or left to be paid off by future sales. The merchant can then challenge it but has to provide evidence to the contrary such as a signed document showing the customer agreed to purchase and whatever T&Cs applied, or that goods were successfully delivered or whatever.
It's rare for a section 75 claimant to receive the funds back and then for a merchant claim to be successful later. Some providers offer additional insurance on top of this for merchants to help defend against chargebacks.
Last edited:
Interesting, so section 75 claims do usually result in a charge back to the merchant?
What about claims where only part of the payment was made by credit card?
Soldato
- Joined
- 22 Jul 2014
- Posts
- 3,931
- Location
- Oxon
I suspect they'd attempt to recover it all from the merchant to start with regardless, but may end up coming from the card issuer in the cases where that isn't successful (e.g. if the merchant decides to close the MID with a large negative payout balance pending, cancels their DDs, etc).
I haven't been involved in partial payment claims before thankfully. I've successfully defended from the merchant side several times though.
Last edited: