Brechin Car Company of Scotland car rejected, garage ignoring, using S75

[madasamuppet]

we bought a car just before xmas

within days it developed faults,

 

 

we exercised our right to reject in writing to the garage at beginning of year and you guessed it they are ignoring us.

 

 

we have gotten trading standards involved as they think there may be mis-represented laws they have broken such as saying it has warranty and it doesn;t and that there is service history which has never been received and failing to disclose where it came from when asked.

 

 

this will not get us our money back

so we are going down the route of S75 with credit card company

only 2000 was put on card and remainder paid in cash a total of 17500 in all.

 

 

What I wanted to know if anyone else has been successful in getting their money back through S75 and if so what happens to the car if we do prove successful and get our money back.

 

 

At the moment the big hunk of junk us blocking my driveway as we had to sorn it get tax back this is now in the second month and doing my head in.

 

 

any help. advice or experiences welcomed.

 

If the credit card company pay up then effectively the car is now theirs,

is that right, will they come and collect it.

 

thanks

tracey

[BankFodder]

Which garage please?

[king12345]

How did you pay the remainder of the £17500?

Cash???

Not that it matters, a s.75 should be applicable, but expect a big fight from cc company.

They'll be giving you £17500 when in fact they only lend you £2000, but those are the rules, so for once they'll lose.

[madasamuppet]

the company is brechin car company in scotland and remainder was paid in cash and yes I expect a fight

 

 

but I have loads of evidence of the fault before the garage even took possession of the car and sold it on as well as misrepresentation on their behalf.

 

what I wanted to know was how successful other people were and what happens to the car if money is paid out by cc company

[AndyOrch]

Thread title amended to include the name of the Garage.

 

Andy

[scaniaman]

This must be a relatively new start in Brechin as the traditional car dealers there were decent kind of lads. Can you tell me the owners name please?

A £17500 car and no warranty????

If dealer ignoring you why not try and dump car on their premises & put keys through the letter box or hand to the office?

[stu007]

Is the Brechin Car Company Address by any chance: Montrose Road, Brechin, Angus? (just need to be sure)

[madasamuppet]

Yes that the address and it is relatively new although they have traded in lochee dundee under a different name.

 

 

Can;t take car back would mean driving it and it is unfit to drive because of gearbox issues and engine issues

not about to drive it and get stuck halfway there.

 

 

besides it is their faulty vehicle as we have rejected it so it is up to them to come and collect

 

 

there is no insurance on it anymore and we have sorn it to get our tax back

so once again not driving it and risking getting fined and points on licence.

[king12345]

Start a section 75

[ericsbrother]

you had better take it back and leave it on their forecourt.

 

Cost you about £90 for a tow truck but you claim that cost back as well.

 

If you dont there is the argument that you havent actually rejected it and could well be using it.

 

Even if you paid £1 on the card and the item is between £100-£30000 you are covered.

 

The card issuer will want to get this sorted or they lose a fortune

[madasamuppet]

the v5 is in my husbands name

there is no insurance or tax on the vehicle and

I wouldnt put it past the garage to leave sitting on the road where my husband is liable for all tickets etc that are issued so that not gonna happen.

 

 

a section 75 has been started

 

 

what i wanted to know s what will happen to the car after ths is resolved

 

 

will the credit card company come and collect it etc

[scaniaman]

If you contact DVLA & send V5 back to them stating you are no longer the owner,

the garage can leave it on the road without any comeback on you.

 

What make & mileage of car?

What are the faults.

 

Have just looked at their website and it appears they specialise in Executive cars.

 

 

At a guess, and looking at the fairly high mileages,

I reckon many of these vehicles are ex company or ex lease cars.

 

They certainly know how to charge.

 

As previously advised, take car back to garage on trailer or recovery truck.

 

Write a review on this outfit on the web to warn other punters.

Edited February 8, 2017 by scaniaman
dipit

[stu007]

Hi madasamuppet

 

Ok I asked those details for a reason and you mention Lochee in Dundee so here we go

 

First look at there website (Brechin Car Company) again and go to the bottom of the website where you will find and FCA number 718699.

 

When you check there FCA Ref Number: 718699 on the FCA Register:

https://register.fca.org.uk/ShPo_FirmDetailsPage?id=001b000001SHGOfAAP

(In the above click on Trading/brand names and have a look and check the other details)

 

An Endole check of Lochee Cars Limited: https://www.endole.co.uk/company/SC497335/lochee-cars-limited

 

On further checks of Lochee Cars Limited need to add this as it may be of concern as they have had there First Gazette notice 10th Jan 2017.

 

https://www.thegazette.co.uk/company/SC497335

 

https://www.thegazette.co.uk/company/SC497335/filing-history/MzE2NTc4NDE3OWFkaXF6a2N4

 

Now what you may need to do is write and object to them being struck off due to you ongoing dispute from your recent purchase: https://www.gov.uk/object-to-a-limited-company-being-struck-off

 

I am sure others will be along to advise

Edited February 9, 2017 by stu007

[madasamuppet]

thank you for all that information very informative and sure will come in useful x

[madasamuppet]

Update - my credit card company came back and said that they weren;t liable as the name on my credit card is different to the name of the garage, But after alot of searching on the internet and the info obtained here I provided them with evidence of a direct link between the companies and they are now saying I may have a claim under section 75. What they are asking for is an independent report from a garage detailing the faults and the cost of repair. Even after I have sent them evidence from the company who put it to auction that the car had faults. What I want to know is whether this is normal practice and can I claim the cost of this back from the bank as well. we are already out a lot of money why should be further out of pocket with no gaurantee of seeing any of our money back. thanks in advance for help

[AndyOrch]

If the claim's approved, you should be reimbursed for the cost of the report also.

 

Andy

[madasamuppet]

The car has been sorn so would need to get tow to garage and back which costs money the report costs money no guarantee will get back and if we had dumped car at the garage we had bought it from we would have no way of getting a report done surely if they want one it's up to them to arrange

[AndyOrch]

No its for you to arrange.....that is the process...if you want your money back then thats whats required.

[scaniaman]

If there is a Mobile Mechanic in your area, he / she may be able to examine the car at your home to save on trailering it to a garage.

I would re emphasise the evidence from the person who put car to auction if the faults are detailed.

[ericsbrother]

Once plonked on their forecourt they will be committing an offence by moving it on to the public highway.

 

 

A phone photo of it on their property will stop them from even thinking about that.

 

 

Glad card co moving but they are placing the onus on you to do things that wouldnt need to be done if you had just returned the car.

 

 

Are the card co going to reimburse this or will you still have to sue garage for the extra expense (probably) nayway, it is a small amount compared to the whole.

 

the v5 is in my husbands name

there is no insurance or tax on the vehicle and

I wouldnt put it past the garage to leave sitting on the road where my husband is liable for all tickets etc that are issued so that not gonna happen.

 

a section 75 has been started

 

what i wanted to know s what will happen to the car after ths is resolved

 

will the credit card company come and collect it etc

[madasamuppet]

got a report done and bank are going to foot the bill up to £100 well that the cost in total.

 

 

Have sent them the report which points out even more faults with the car including the brakes

so wait to hear back.

 

 

just have to wait and see what they come back with after all the stuff I have sent them can't see how they can come back and not give us our money back/ will keep posted.

[madasamuppet]

still not sorted out but had an interesting conversation with bank who wanted us to email garage and tell them car is still available to collect, they asked us to confirm where we got the cash to pay the balance of the car. they said its still not sorted out they will try to get a chargeback for the amount paid on the card but said this does not affect any decision made concerning us but the wifey I spoke to mentioned something about us maybe selling the car via webuyanycar or similar and them paying the difference. surely we shouldn't have to do this and if this is the decision they come to do we have to accept these terms

[BazzaS]

still not sorted out but had an interesting conversation with bank who wanted us to email garage and tell them car is still available to collect, they asked us to confirm where we got the cash to pay the balance of the car. they said its still not sorted out they will try to get a chargeback for the amount paid on the card but said this does not affect any decision made concerning us but the wifey I spoke to mentioned something about us maybe selling the car via webuyanycar or similar and them paying the difference. surely we shouldn't have to do this and if this is the decision they come to do we have to accept these terms

 

Surely a chargeback for the amount paid on the card is different to a S75 claim?.

 

If the CC company are liable under s75, they are liable (equally with the garage, on a joint / several basis) for the whole sum, within the limits of s75, not just for the portion paid on the credit card.

 

You only want a chargeback (which gets you the sum you paid on the card but no more) if the CC company aren't liable under S75, or the whole sum was paid on CCard!, otherwise you are letting the CC company off the hook (and they may turn out to be a better target for a claim than the garage, if that company may be being dissolved........)

[madasamuppet]

Just and update SUCCESS we have received a letter from bank saying they will pay the cash amount in full and final payment along with towing and garage report fees. they have removed the £2000 from my credit card statement and are requesting a chargeback from mastercard. they have said that we need to keep a hold of the car for 45 days and if mastercard do not come and collect then we can do with it what we want. Has anyone else experienced this and which part of the law states this, is it 45 days from when and will they notify us when the timescale is up. Well chuffed we are getting our money back and so glad that in the end I persevered and paid the initial amount on my card. thank you to everyone who helped and offered advice.

[AndyOrch]

Well done...almost resolved ...I will not amend your thread title until you advise all sorted.

 

Regards

 

Andy