Valid Claim Under Section 75?

DJBenson

I bought a second-hand car in December and paid for it using my Virgin Mastercard. 48 hours after taking delivery, the SRS (airbag) light came on and hasn't gone off since. I reported it on the Monday (bought on Saturday) and the garage concerned arranged for a mobile mechanic to come and read the engine management unit to see what the problem was.

That mechanic was unable to determine if it was the driver or passenger side so after 2 more weeks of calling the garage and arranging callbacks, I finally got an appointment booked at the local Honda garage.

Took the car in there today and they are unable to determine the cause of the issue without several hours of diagnostics. The Honda garage would not continue without the garage where I purchased the car authorising the work. I called said garage whilst at the Honda garage to update them and was told they would call me back this morning with an update. Still had no call (not surprised as they NEVER call me back, I always have to call them).

I want to know IF the garage does not resolve the problem, would I have a valid claim under Section 75 of the Consumer Credit Act? My reasoning would be the car I purchased is not as described (it, in the words of the Honda garage has a "major SRS [airbag system] failure"). This was not apparent on the day of the test drive.

I am just trying to cover all bases as I have been messed about and ripped off by a garage before, this time I took the decision to pay by credit card should anything go wrong.

I am already out of pocket as the Honda garage was a 26 mile round trip away.

Car is a 52 plate Honda Jazz should anybody care.

TFD_2

You bought a second hand car. The fault developed AFTER purchasing the car. The credit card company won't be interested at all.

Does the car have a warranty from the supplying dealer?

DJBenson

The fault happened within 48 hours of purchasing the car!! Tell me you wouldn't be !!!!ed at that! :mad:

The sale of goods act protects me for 3 and up to 6 months for problems that must have been there before the goods were purchased - this problem hasn't happened over night, it will have appeared as a problem just when it did but was obviously there before but was not apparent at the time of purchase.

The receipt I have states "3 months warranty" BUT I have no documentation from said warranty company and when I ask for it they state they have no forms. As I said, the dealer is not being very helpful at all so somebody needs to help me.

All of the text I have read on section 75 has no get out clause for second hand purchases. The goods are not as described so I should be able to persue just like any other "not as described" claim.

TFD_2

I didn't say I wouldn't be unhappy. Just said the issue developed after purchasing the car. Cars go wrong, and it could be argued the goods are as described - you purchased a second hand Jazz and you have a second hand Jazz.

Your first course of action should be to get the dealer to resolve the problem. Have you got an insurance company backed warranty, or does the dealer intend to just pay out of their own pocket?

DJBenson

The goods quite clearly aren't as described are they? I purchased a car whose specifications included driver and passenger airbags - the system which controls said systems is faulty, as such, the goods are not as described. Had I purchased the car and the engine blew up 48 hours later, it would have been a slightly more clear cut case, but unfortunately (or fortunately whichever way you look at it) that isn't the case.

A vital part of the cars safety system has malfunctioned so it could also be argued that the car is unfit to drive - said safety system is a standard part of the car (and indeed every car manufactured today).

The dealer in question has literature and obviously sells insurance backed warranties but as I said, I have been provided with no documentation to decide either way despite asking on several occasions.

omega27

Contact the credit card company, see what they say. But I'd write to the garage Recorded Delivery. Tell them that unless they either agree to refund you in full, or repair the car within 7 days that you will get the work done & sue them in the small claims courts for the costs.

2muchdebt

I would also check out consumerdirect.gov.uk - I contacted them a few years ago when I bought a brand new car using credit card to pay deposit and the rest on finance. The car went wrong within 3 days and using advice from consumer direct I contacted credit card company who also took up the case on my behalf and were great. I eventually got a brand new replacement car. I dont think I'd have got that without the support of the credit card company or consumer direct and now I always use credit card whenever possible (hmmm, maybe that's why I'm in so much debt!)
Good luck!

DJBenson

Thanks. I've submittd an enquiry to consumer direct.

DJBenson

Just to update...

Got an email from Consumer Direct highlighting the relevant consumer law (both parts relevant to section 75 are relevant here also). They advised I keep persuing the car dealer.

I sent a signed fax to the dealer highlighting my rights and what I wish to happen, within an hour I had a call from them saying to drop the car off tomorrow or saturday and they'll have it fixed. They are going to provide a hire car in the meantime.

2muchdebt

Well done, thats great news - amazing what response you get when they know you're clued up on stuff...

DJBenson

Doesn't always work. This is the 2nd 2nd-hand car I've bought in as many years and the 2nd time I have had issues with the dealer. At least this one is listening...just about...