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  • FIRST POST
    • mc303m
    • By mc303m 2nd Oct 16, 7:42 AM
    • 46Posts
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    mc303m
    Breach of contract s75?
    • #1
    • 2nd Oct 16, 7:42 AM
    Breach of contract s75? 2nd Oct 16 at 7:42 AM
    Hi, is this a breach of contract?
    Having bought a used car with low mileage and full service history, (described as excellent condition) within 14 days i reported to the dealer there was a major fault, having then had 3 separate garages identify the same fault the dealer said they would have it repaired, the car was returned to me after 2 days and i was assured that all the work had been carried out and the fault had been resolved, well in actual fact the same fault is still there, so my question is, is this a breach of contract under s75?
    thank you for your time
Page 1
    • zx81
    • By zx81 2nd Oct 16, 7:45 AM
    • 9,325 Posts
    • 9,147 Thanks
    zx81
    • #2
    • 2nd Oct 16, 7:45 AM
    • #2
    • 2nd Oct 16, 7:45 AM
    If you've been charged for the work and it hasn't been done, yes. If the work was done and the fault, or a similar one, has reoccurred, no.

    Depends on exactly what was done.
    • mc303m
    • By mc303m 2nd Oct 16, 7:46 AM
    • 46 Posts
    • 10 Thanks
    mc303m
    • #3
    • 2nd Oct 16, 7:46 AM
    • #3
    • 2nd Oct 16, 7:46 AM
    If you've been charged for the work and it hasn't been done, yes. If the work was done and the fault, or a similar one, has reoccurred, no.

    Depends on exactly what was done.
    Originally posted by zx81
    dealer paid for the fault, but has not resolved the issue
    • zx81
    • By zx81 2nd Oct 16, 7:54 AM
    • 9,325 Posts
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    zx81
    • #4
    • 2nd Oct 16, 7:54 AM
    • #4
    • 2nd Oct 16, 7:54 AM
    Then it's an argument of whether the condition of the car reflected how it was sold to you, and whether the fault was there at the time.
    • mc303m
    • By mc303m 2nd Oct 16, 7:57 AM
    • 46 Posts
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    mc303m
    • #5
    • 2nd Oct 16, 7:57 AM
    • #5
    • 2nd Oct 16, 7:57 AM
    Then it's an argument of whether the condition of the car reflected how it was sold to you, and whether the fault was there at the time.
    Originally posted by zx81
    I pointed this out to the dealer before purchase, and was reassured it was not the fault i had mentioned, however it appears it was.
    • chattychappy
    • By chattychappy 2nd Oct 16, 11:43 AM
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    chattychappy
    • #6
    • 2nd Oct 16, 11:43 AM
    • #6
    • 2nd Oct 16, 11:43 AM
    The fact they took the car back for repair rather suggests they agree they were responsible for the fault. The fault still being present suggests a breach to me.
    • jonesMUFCforever
    • By jonesMUFCforever 2nd Oct 16, 1:34 PM
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    jonesMUFCforever
    • #7
    • 2nd Oct 16, 1:34 PM
    • #7
    • 2nd Oct 16, 1:34 PM
    OP do you have a warranty?
    If so use this.

    S75 is not a subsitute for this.

    However if you can prove the fault was on the car when you bought it ,and you will need to pay for an independent report to confirm this, you can then involve the credit card if the garage refuse to help you.
    What goes around - comes around
    give lots and you will always receive lots
    • mc303m
    • By mc303m 2nd Oct 16, 1:54 PM
    • 46 Posts
    • 10 Thanks
    mc303m
    • #8
    • 2nd Oct 16, 1:54 PM
    • #8
    • 2nd Oct 16, 1:54 PM
    OP do you have a warranty?
    If so use this.

    S75 is not a subsitute for this.

    However if you can prove the fault was on the car when you bought it ,and you will need to pay for an independent report to confirm this, you can then involve the credit card if the garage refuse to help you.
    Originally posted by jonesMUFCforever
    Thank you, does s75 cover not fit for purpose?
    • jonesMUFCforever
    • By jonesMUFCforever 2nd Oct 16, 2:45 PM
    • 23,189 Posts
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    jonesMUFCforever
    • #9
    • 2nd Oct 16, 2:45 PM
    • #9
    • 2nd Oct 16, 2:45 PM
    Thank you, does s75 cover not fit for purpose?
    Originally posted by mc303m
    Yes but you have to prove it.
    What goes around - comes around
    give lots and you will always receive lots
    • chanz4
    • By chanz4 2nd Oct 16, 3:06 PM
    • 9,787 Posts
    • 2,837 Thanks
    chanz4
    also have to prove its not a simple fix
    Don't put your trust into an Experian score - it is not a number any bank will ever use & it is generally a waste of money to purchase it. They are also selling you insurance you dont need.
    • mc303m
    • By mc303m 7th Oct 16, 12:55 PM
    • 46 Posts
    • 10 Thanks
    mc303m
    Update having contacted the credit card company under S75, they are now taking on the dispute, however, their employee told me they would try to recover the £2000 deposit, which is only 20% of the price i paid for the vehicle, the dealer i bought the car from has refused me any refund outright, do i have to pursue the remaining amount under the 2015 Consumer Rights Act? i was under the understanding, having read S75 that i could claim for the full amount as the seller is in breach of contract. please advise.
    Thank you
    • eddddy
    • By eddddy 7th Oct 16, 3:23 PM
    • 3,828 Posts
    • 3,474 Thanks
    eddddy
    Update having contacted the credit card company under S75, they are now taking on the dispute, however, their employee told me they would try to recover the £2000 deposit, which is only 20% of the price i paid for the vehicle, the dealer i bought the car from has refused me any refund outright, do i have to pursue the remaining amount under the 2015 Consumer Rights Act? i was under the understanding, having read S75 that i could claim for the full amount as the seller is in breach of contract. please advise.
    Thank you
    Originally posted by mc303m
    Yes - the credit card co is jointly liable for the full amount, not just the £2k deposit.

    Obviously, the cc company will contact the dealer to get their side of the story.

    Maybe wait to see if the cc company agree there has been a breach of contract before arguing further about the amount. (Although don't sign/agree to anything that says you accept that your claim is limited to £2k.)
    • mc303m
    • By mc303m 7th Oct 16, 3:41 PM
    • 46 Posts
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    mc303m
    Thank you eddy
    • mc303m
    • By mc303m 7th Oct 16, 7:32 PM
    • 46 Posts
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    mc303m
    if the CC company decide to pay out the full refundable amount, do they then chase the dealership for recovery of the funds?
    Thank you
    • mc303m
    • By mc303m 8th Oct 16, 12:27 PM
    • 46 Posts
    • 10 Thanks
    mc303m
    anyone please
    thank you
    • mc303m
    • By mc303m 18th Oct 16, 1:16 PM
    • 46 Posts
    • 10 Thanks
    mc303m
    Update, the credit card company has applied a £2000 credit to my account, this is not the outcome i was looking for, also i paid off the £2000 credit instantly, so all i am left with now is a higher credit availabilty on my CC and a car that is faulty, can anyone advise me please?
    thank you so much
    • eddddy
    • By eddddy 18th Oct 16, 8:15 PM
    • 3,828 Posts
    • 3,474 Thanks
    eddddy
    Update, the credit card company has applied a £2000 credit to my account, this is not the outcome i was looking for, also i paid off the £2000 credit instantly, so all i am left with now is a higher credit availabilty on my CC and a car that is faulty, can anyone advise me please?
    thank you so much
    Originally posted by mc303m
    So have they agreed with you that there was a breach of contract? Or have they refunded pending further investigation? (Or have they just done a chargeback?)

    Anyway... the steps to follow are:

    1, Formal complaint to the CC company
    2. If that doesn't get the result you want, a complaint to the Financial Ombudsman
    3. If that doesn't get the result you want, a claim in the small claims court

    See: http://www.moneysavingexpert.com/reclaim/fight-back-fos

    (If you want the £2000 in your bank account, I expect you can phone the CC company and ask for a cheque.)
    • mc303m
    • By mc303m 18th Oct 16, 8:18 PM
    • 46 Posts
    • 10 Thanks
    mc303m
    So have they agreed with you that there was a breach of contract? Or have they refunded pending further investigation? (Or have they just done a chargeback?)

    Anyway... the steps to follow are:

    1, Formal complaint to the CC company
    2. If that doesn't get the result you want, a complaint to the Financial Ombudsman
    3. If that doesn't get the result you want, a claim in the small claims court

    See: http://www.moneysavingexpert.com/reclaim/fight-back-fos

    (If you want the £2000 in your bank account, I expect you can phone the CC company and ask for a cheque.)
    Originally posted by eddddy
    My account has been credited.. the letter says nothing about further investigation.

    Thank you as always Eddy, i truly appreciate your help, could you finally advise me how i should address the complaint to the cc company please? and also when you speak of courts, do you mean take the dealership or the cc company?
    thank you so much
    Last edited by mc303m; 18-10-2016 at 8:22 PM.
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