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    • niman
    • By niman 7th Jul 17, 8:06 PM
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    niman
    Section 75 CCA and used car purchase
    • #1
    • 7th Jul 17, 8:06 PM
    Section 75 CCA and used car purchase 7th Jul 17 at 8:06 PM
    Good evening all, I'm hoping you can help!

    I purchased a vehicle last year from a fairly large dealership, On my drive home I noted a fault with the auto gearbox that made it pretty much dangerous to drive. I made the dealer aware the next day as they were closed by the time I was home.

    The dealer arranged to repair it so I left it in for a day. It was returned with the fault still present and the dealer saying they can't replicate it.

    I managed to video the fault occurring so i went back and the dealers service manager went for a drive with me, he replicated the fault and viewed the video before giving me a courtesy car. He had mine for 3 days. Needless to say they failed to repair the fault. I took advice and wrote the dealer a letter and advised that I was exercising my final right to reject the vehicle and since then it's been sitting on my drive.

    The dealer has been useless and they now deny that they replicated the fault. At that point I decided to contact my credit card as I'd bought the car using my old vehicle as trade in and the balance on credit card. Initially the credit card company lost my claim form and documents so they closed my case without telling me. I found this out when I called for an update. So I've resent all the info and the card company are now saying that they want to have the car assessed and they intend to repair it using reconditioned parts once they see the report.

    My question is, can they repair it, or can I state that I want the purchase price refunded? Once I rejected the car I stopped using it so I've actually bought another car in the interim. The rejected on remains on my driveway.

    Thanks in advance for any help.
Page 1
    • wealdroam
    • By wealdroam 7th Jul 17, 8:12 PM
    • 18,650 Posts
    • 15,552 Thanks
    wealdroam
    • #2
    • 7th Jul 17, 8:12 PM
    • #2
    • 7th Jul 17, 8:12 PM
    Good evening all, I'm hoping you can help!

    I purchased a vehicle last year from a fairly large dealership, On my drive home I noted a fault with the auto gearbox that made it pretty much dangerous to drive. I made the dealer aware the next day as they were closed by the time I was home.

    The dealer arranged to repair it so I left it in for a day. It was returned with the fault still present and the dealer saying they can't replicate it.

    I managed to video the fault occurring so i went back and the dealers service manager went for a drive with me, he replicated the fault and viewed the video before giving me a courtesy car. He had mine for 3 days. Needless to say they failed to repair the fault. I took advice and wrote the dealer a letter and advised that I was exercising my final right to reject the vehicle and since then it's been sitting on my drive.

    The dealer has been useless and they now deny that they replicated the fault. At that point I decided to contact my credit card as I'd bought the car using my old vehicle as trade in and the balance on credit card. Initially the credit card company lost my claim form and documents so they closed my case without telling me. I found this out when I called for an update. So I've resent all the info and the card company are now saying that they want to have the car assessed and they intend to repair it using reconditioned parts once they see the report.

    My question is, can they repair it, or can I state that I want the purchase price refunded? Once I rejected the car I stopped using it so I've actually bought another car in the interim. The rejected on remains on my driveway.

    Thanks in advance for any help.
    Originally posted by niman
    When exactly did you take delivery of the car?
    When did you sent the letter rejecting the car?

    I think you'll be unlikely to get your full purchase price refunded, but that might depend on the answers to those two questions.

    You didn't say, but did the dealer refuse you rejection request?
    • niman
    • By niman 7th Jul 17, 8:16 PM
    • 4 Posts
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    niman
    • #3
    • 7th Jul 17, 8:16 PM
    • #3
    • 7th Jul 17, 8:16 PM
    When exactly did you take delivery of the car?
    When did you sent the letter rejecting the car?

    I think you'll be unlikely to get your full purchase price refunded, but that might depend on the answers to those two questions.
    Originally posted by wealdroam
    I bought it November last year and made them aware of the fault 1 day later. It took a number of weeks faffing about to get it booked in then to get video evidence of the fault so I rejected it around February / March time this year.

    I realise that I may not get the full purchase price back as I've had use of the vehicle. I want to know if the credit card company can repair it or do I have the right to say I want a refund under s75.
    • wealdroam
    • By wealdroam 7th Jul 17, 8:37 PM
    • 18,650 Posts
    • 15,552 Thanks
    wealdroam
    • #4
    • 7th Jul 17, 8:37 PM
    • #4
    • 7th Jul 17, 8:37 PM
    I bought it November last year and made them aware of the fault 1 day later. It took a number of weeks faffing about to get it booked in then to get video evidence of the fault so I rejected it around February / March time this year.

    I realise that I may not get the full purchase price back as I've had use of the vehicle. I want to know if the credit card company can repair it or do I have the right to say I want a refund under s75.
    Originally posted by niman
    If you have a valid claim against the seller then you have exactly the same claim against the CC Co.

    My understanding of The Consumer Rights Act is that once the seller has had one attempt at a repair and it still doesn't conform to contract, then you can exercise your final right to reject the thing.

    The problem you appear to have is that the seller is effectively denying that a problem exists. I can only imagine that he will pass that info to the CC Co. - is that 'the report' you mentioned earlier?

    During the first six months following delivery of the car any problem found can be assumed to have been present at the time of the sale and it is for the seller to prove otherwise. If the seller denies there is a problem then that's going to be difficult.

    In my opinion, to counter the seller's stance, you will need to prove that the problem exists and that it is not due to fair wear and tear.

    How old is this car?
    Do you have any warranty?
    • niman
    • By niman 7th Jul 17, 8:45 PM
    • 4 Posts
    • 0 Thanks
    niman
    • #5
    • 7th Jul 17, 8:45 PM
    • #5
    • 7th Jul 17, 8:45 PM
    If you have a valid claim against the seller then you have exactly the same claim against the CC Co.

    My understanding of The Consumer Rights Act is that once the seller has had one attempt at a repair and it still doesn't conform to contract, then you can exercise your final right to reject the thing.

    The problem you appear to have is that the seller is effectively denying that a problem exists. I can only imagine that he will pass that info to the CC Co. - is that 'the report' you mentioned earlier?

    During the first six months following delivery of the car any problem found can be assumed to have been present at the time of the sale and it is for the seller to prove otherwise. If the seller denies there is a problem then that's going to be difficult.

    In my opinion, to counter the seller's stance, you will need to prove that the problem exists and that it is not due to fair wear and tear.

    How old is this car?
    Do you have any warranty?
    Originally posted by wealdroam
    Thanks for your replies so far!

    The dealer is refusing to accept my rejection of the vehicle and state that the fault doesn't exist. I've videos of the fault before it was left in for repair and further videos a week or so after the repair that show the fault to be still present.

    The car is 4 years old and I was given a years warranty with it. The dealer seems to be a lying sod as they have lied to the card company about the price I paid.. They have also lied about the service manager not being able to replicate the fault. I was on the test drive with him when it happened!

    The Card company are sending an engineer out to test the car and try to find what the fault is, they then intend, based on this report, to offer a repair. I'd have thought that if I have the same claim against the card company as the retailer then I can just ask for a refund? I also don't know where I stand if they repair - can I still reject it with the dealer as the legislation covering the Consumer Rights Act is separate to s75 CCA!
    • wealdroam
    • By wealdroam 7th Jul 17, 8:58 PM
    • 18,650 Posts
    • 15,552 Thanks
    wealdroam
    • #6
    • 7th Jul 17, 8:58 PM
    • #6
    • 7th Jul 17, 8:58 PM
    Thanks for your replies so far!

    The dealer is refusing to accept my rejection of the vehicle and state that the fault doesn't exist. I've videos of the fault before it was left in for repair and further videos a week or so after the repair that show the fault to be still present.

    The car is 4 years old and I was given a years warranty with it. The dealer seems to be a lying sod as they have lied to the card company about the price I paid.. They have also lied about the service manager not being able to replicate the fault. I was on the test drive with him when it happened!

    The Card company are sending an engineer out to test the car and try to find what the fault is, they then intend, based on this report, to offer a repair. I'd have thought that if I have the same claim against the card company as the retailer then I can just ask for a refund? I also don't know where I stand if they repair - can I still reject it with the dealer as the legislation covering the Consumer Rights Act is separate to s75 CCA!
    Originally posted by niman
    If the CC Co decide that there is an inherent fault, then you can again insist on exercising your final right to reject.

    Personally, I think I would accept a repair, but make it clear to both the CC Co and the seller if any further inherent faults occur, or if the repair doesn't cure the problem then again you would be seeking to reject the vehicle.

    Regarding your last sentence... the first paragraph of S75 of the CCA tells us:
    75 Liability of creditor for breaches by supplier.

    (1) If the debtor under a debtor-creditor-supplier agreement falling within section 12(b) or (c) has, in relation to a transaction financed by the agreement, any claim against the supplier in respect of a misrepresentation or breach of contract, he shall have a like claim against the creditor, who, with the supplier, shall accordingly be jointly and severally liable to the debtor.
    This means that for six years following the sale, if you have a valid claim under the CRA, you can seek a remedy from either or both.
    Last edited by wealdroam; 07-07-2017 at 9:00 PM.
    • niman
    • By niman 7th Jul 17, 9:05 PM
    • 4 Posts
    • 0 Thanks
    niman
    • #7
    • 7th Jul 17, 9:05 PM
    • #7
    • 7th Jul 17, 9:05 PM
    If the CC Co decide that there is an inherent fault, then you can again insist on exercising your final right to reject.

    Personally, I think I would accept a repair, but make it clear to both the CC Co and the seller if any further inherent faults occur, or if the repair doesn't cure the problem then again you would be seeking to reject the vehicle.

    Regarding your last sentence... the first paragraph of (link removed as I am not allowed to post them yet)

    This means that for six years following the sale, if you have a valid claim under the CRA, you can seek a remedy from either or both.
    Originally posted by wealdroam
    Thanks for that, I appreciate your time. I suppose that my issue is, Do I HAVE to accept a repair? I've had this car on my drive for months and bought a new one as it was dangerous to drive with the fault!

    Ultimately If I do have to accept the repair I'm still unsure how that stands with my rejection. I still intend on pursuing the dealer for the refund with the s75 claim running along side it. I don't want them repairing it and that jeopardising my rejection.
    • wealdroam
    • By wealdroam 7th Jul 17, 9:18 PM
    • 18,650 Posts
    • 15,552 Thanks
    wealdroam
    • #8
    • 7th Jul 17, 9:18 PM
    • #8
    • 7th Jul 17, 9:18 PM
    Thanks for that, I appreciate your time. I suppose that my issue is, Do I HAVE to accept a repair? I've had this car on my drive for months and bought a new one as it was dangerous to drive with the fault!
    Originally posted by niman
    Maybe you do have to accept a repair.
    At the moment, it looks like no repair has yet taken place - no fault found.
    If that's so, then a repair is an acceptable remedy.
    Remember, under the CRA you can say which remedy you prefer, but you cannot insist on a disproportionate remedy. That effectively means that the seller chooses the most cost effective remedy.


    Ultimately If I do have to accept the repair I'm still unsure how that stands with my rejection. I still intend on pursuing the dealer for the refund with the s75 claim running along side it. I don't want them repairing it and that jeopardising my rejection.
    Originally posted by niman
    Accepting a repair now will not mean you cannot subsequently reject the vehicle.
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