Section 75 - Can I claim against my credit card for faulty second hand car

Twuggles

Some advice please. I bought a 05 reg (41899 miles on the clock) second hand car from a well known national second-hand car dealership less than two months ago to get to my new job. The car came with a one month warranty but as the car is vital for getting to and from work (public transport just can't get me there) I took out a two year extended warranty at the same time.

In total, including a service/MOT plan, the 2 year extended warranty and insurance I spent just over £5k with this company - all paid by credit card.

Last week (just 8 weeks from taking delivery of the car) I started to have problems with it (it just about moves but is really in no condition to drive), and currently it is in the dealership's service centre being checked out and, hopefully, repaired.

While I hope that I'm covered by the extended warranty, given the recent conversations I've been having with the dealership I'm not convinced the warranty will be worth the paper it's written on.

The question is, given that it is a second hand car that I've had for just two months, do I have any recourse to claim against my credit card company for the £5k spent under section 75 of the CCA?

sparkymarky123456789

hi certainly the Sale of Goods Act 1979 s.14(1) and (2) seem applicable here. The person who is selling the car is doing so in the course of a business (as per the Acts applicability) and i.a.w with the two sections mentioned the items must be 'fit for purpose' and of 'satisfactory quality'.

If the car can hardly be driven then it is not fit for purpose nor of satisfactory quality.

You may like to quote both sections to the car company.

You can also sue the credit card company jointly and severally (so in addition to the car company) under s.75 of the Consumer credit Act (if iremeber correctly) you just need to check the financial quallifying bands.

The sale of goods Act is implied into all contracts so the company are in breach of the contract you have with them (By the way, all criteria of a contract can be met here, that is offer and acceptance, consideration and intention to create legal relations is always a presumption in a commercial scenario).

So you can sue them under Sale of Goods 1979 s.14. You are entitled to a refund as they are in breach of your contract.

I can tell you more but its getting late now. post back if you have questions