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  • FIRST POST
    • wrongmark
    • By wrongmark 5th Sep 17, 3:29 PM
    • 41Posts
    • 44Thanks
    wrongmark
    Section 75 Claim Car fault (expensive)
    • #1
    • 5th Sep 17, 3:29 PM
    Section 75 Claim Car fault (expensive) 5th Sep 17 at 3:29 PM
    I bought a car at the beginning of 2016 from an independent motor dealership. The same day I collected the car and drove it home, I noticed a loud noise coming from the car like a worn out wheel bearing (whining/whirring).

    Long story short, I returned it to the dealer, they sent the faulty car part away for repair and when I got it back the noise was still there (albeit not quite as bad initially). I was unhappy with the repair at the time and argued that I wanted the part replacing with a new one as their repair had failed. After lots of arguing they kept fobbing me off and I gave up trying to pursue it.

    The same faulty part it now worse than ever and leaking oil. It needs replacing at a cost of £1,800. I've spoken to the dealer again, arguing that the car was supplied to me with a fault which they failed to repair at the time. They fobbed me off again so I've now put my complaint in writing (Consumer Rights Act, 6 years, not of satisfactory quality, etc).

    I even have a report from another main dealer garage dated the same month (shortly after the repair) pointing out the noise and the need to investigate further. I'm hoping that this is enough evidence to suggest their repair had failed to resolve the issue at the time.

    I paid a deposit for the car on my Santander credit card and the rest on my debit card and so I've also sent the correspondence to the credit card company to start a section 75 claim as a fallback.

    Any advice or shared experiences with s75 claims would be much appreciated.
Page 1
    • jonesMUFCforever
    • By jonesMUFCforever 5th Sep 17, 5:54 PM
    • 23,991 Posts
    • 11,297 Thanks
    jonesMUFCforever
    • #2
    • 5th Sep 17, 5:54 PM
    • #2
    • 5th Sep 17, 5:54 PM
    So you had ''accepted'' the car for what 18 months?
    Your claim will be very difficult to proceed with because you ''gave up pursuing it''

    Ask Santander and see what they suggest - they may want an independent report which you will need to pay for (but you will get refunded if you win).
    What goes around - comes around
    give lots and you will always receive lots
    • wrongmark
    • By wrongmark 5th Sep 17, 6:56 PM
    • 41 Posts
    • 44 Thanks
    wrongmark
    • #3
    • 5th Sep 17, 6:56 PM
    • #3
    • 5th Sep 17, 6:56 PM
    Thanks for your reply. Don't think I used the word "accepted" anywhere in my post though. I realise that it's been 18 months but the Consumer Rights Act gives 6 years. I also realise that it's going to be difficult due to the time taken to continue pursuing it.
    • bris
    • By bris 5th Sep 17, 7:14 PM
    • 6,829 Posts
    • 5,856 Thanks
    bris
    • #4
    • 5th Sep 17, 7:14 PM
    • #4
    • 5th Sep 17, 7:14 PM
    Accepted doesn't need to be said, you didn't do anything about it for 18months, this is acceptance.


    The age and mileage is a big factor in used cars, it may either help or hinder your case depending on the answer.
    • bigstevex
    • By bigstevex 5th Sep 17, 9:42 PM
    • 677 Posts
    • 338 Thanks
    bigstevex
    • #5
    • 5th Sep 17, 9:42 PM
    • #5
    • 5th Sep 17, 9:42 PM
    'Faulty part' I think you'd need to elaborate a little more for those of us who are car savvy. However as has been said, you'll struggle because you didn't carry on the complaint when you got the car back after the first attempted repair, you should have refused it 18 months ago.
    • venison
    • By venison 5th Sep 17, 11:16 PM
    • 1,171 Posts
    • 1,223 Thanks
    venison
    • #6
    • 5th Sep 17, 11:16 PM
    • #6
    • 5th Sep 17, 11:16 PM
    What exactly is the part that cost £1800? I've bought cars for far less. You say OP that you noticed the noise the day you drove the car home? did you not take it on a test drive before buying it?
    Doomed I say we're all doomed.
    • wrongmark
    • By wrongmark 5th Sep 17, 11:44 PM
    • 41 Posts
    • 44 Thanks
    wrongmark
    • #7
    • 5th Sep 17, 11:44 PM
    • #7
    • 5th Sep 17, 11:44 PM
    Part is rear differential. A non-servicable part according to a local transmission specialist and the manufacturer. Should last the life of the car.

    Didn't notice it on test drive because my dad was messing with the radio and talking to the sales rep.

    And yes I should've rejected the car at the time but didn't realise this was an option at the time.
    • bris
    • By bris 6th Sep 17, 12:09 AM
    • 6,829 Posts
    • 5,856 Thanks
    bris
    • #8
    • 6th Sep 17, 12:09 AM
    • #8
    • 6th Sep 17, 12:09 AM
    Aren't you supposed to change the oil on the differential every 2 years?
    • wrongmark
    • By wrongmark 6th Sep 17, 9:19 AM
    • 41 Posts
    • 44 Thanks
    wrongmark
    • #9
    • 6th Sep 17, 9:19 AM
    • #9
    • 6th Sep 17, 9:19 AM
    Lifetime oil in this one. Manufacturer says don't change it.
    • Akahotpot
    • By Akahotpot 6th Sep 17, 11:38 AM
    • 29 Posts
    • 10 Thanks
    Akahotpot
    Tricky one ,you carried on using the car with a deteriorating rear diff I,m sure the seller will say they didn't have the opportunity to sort as you gave up the claim
    Any car service notes or mot advisories note this issue ?
    • eskbanker
    • By eskbanker 6th Sep 17, 12:08 PM
    • 5,465 Posts
    • 5,270 Thanks
    eskbanker
    I even have a report from another main dealer garage dated the same month (shortly after the repair) pointing out the noise and the need to investigate further. I'm hoping that this is enough evidence to suggest their repair had failed to resolve the issue at the time.
    Originally posted by wrongmark
    I could be wrong but suspect that this would actually count against you rather than for you - it seems plausible to me that the issue will have been exacerbated by continuing to drive the car for a sustained period with the known fault (the noise is presumably caused by some unintended friction?) so your lack of action after getting the main dealer report will probably be painted as contributory.

    I was unhappy with the repair at the time and argued that I wanted the part replacing with a new one as their repair had failed. After lots of arguing they kept fobbing me off and I gave up trying to pursue it.
    Originally posted by wrongmark
    Since Santander (like any other card company) aren't automotive experts, they won't reimburse you without (a) getting the other side of the story from the dealer and (b) probably some form of independent assessment. What is the other side of the story, in terms of the dealer's reasons for rejecting your complaint?
    • bigstevex
    • By bigstevex 7th Sep 17, 7:46 PM
    • 677 Posts
    • 338 Thanks
    bigstevex
    Rear differential, what car is it, age, model etc? Have you checked out related car sites to see if it's a common problem, known issue, rectifiable easily by some other method than what your garage may say or even obtain a second hand one/reconditioned one?

    There's process to follow if you buy a car with a fault and they don't repair it and sadly that doesn't involve leaving it 18 months for it to get worse without meaning to sound too harsh
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