Making a Section 75 claim
This may vary slightly depending on your bank who issued you with the credit card you made the payment with, it is simple enough though.
You need to contact your bank issuing the credit card. When you speak to someone advise them that you wish to make "A claim under section 75 of the consumer credit act" (web search for Consumer Credit Act 1974 if you need to review it) Even for overseas organisations to whom payment was made, your UK based bank is where you are covered under the act.
Under the terms of the consumer credit act the car hire company should do the following:
- Provide you with three quotations for the work to be completed
- Give you the chance to take the vehicle away and have the opportunity to get a quote or have the damage repaired
- Demonstrate that vehicles DO get repaired.
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In 99% of all cases the hire company will fail on all three counts, so basically, they are in breach of the CCA1974 and by default your money will be credited back to you, irrespective of any payment made under your CDW insurance.
You will have more forms to fill in, copies of documents to be sent etc and then wait for the process to follow its course.
My advice is to make the claims in all cases, you have nothing but a little bit of time to lose and I have not yet experienced a claim being dismissed.
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