Credit card purchase protection

Matt_the_hat_2

Hi
My brother in law bought a second hand car for approx 5k on his credit card last month.
Within 2 weeks the engine gave up and needs replacing. The dealer gave him £1400 back but he is still £3,600 short and has a car that wont go and needs a new engine which will cost a few grand (its a old sports car).

Does he have any rights for a refund via the credit card company?
Thanks

M

stephane_2

Maybe am wrong but I would say that under Section 75 unfortunately NO your brother will not be able to claim with his credit card provider and one of the reason for that it was a second hand item. But saying that some CC have additional protection. It would have been happening to me I would have not accepted any money from the dealer but taken him to court for the full amount. Was the car not warranty against fault for at least the first 3/6 months?

DrScotsman

stephane wrote: »

Maybe am wrong but I would say that under Section 75 unfortunately NO your brother will not be able to claim with his credit card provider and one of the reason for that it was a second hand item.

It doesn't work like that. The Sale of Goods Act still applies to second hand items. The question you need to ask yourself (or the forum) is; Is a car of this specification (X years old, driven Y miles, sold for £Z) of satisfactory quality and lasting a reasonable length of time if it fails like this after 2 weeks?

If X, Y and Z are reasonable numbers (e.g. not 100 years, not £1) then I think most people would agree it does not last a reasonable length of time, hence the dealer is liable, hence the CC Company is liable under section 75. We know it sold for £5k, and I'm going to assume X and Y aren't insanely big, in which case you do deserve the money.

stephane_2

I thought that the Credit Card Purchase Protection did not apply to cars bought with a credit card?

TrickyDicky

Credit card protection is usually to protect against retailers that go bust or do not deliver goods. As the car was delivered, just potentially not as described, it may be an issue for the courts.

Try your credit card, but you may have to take the car dealer to court and claim that it wasnt as advertised.

DrScotsman

stephane wrote: »

I thought that the Credit Card Purchase Protection did not apply to cars bought with a credit card?

Section 75 says that the credit card company is jointly liable for any breach of contract of the supplier. It doesn't say "except with cars" or anything like that. If there's a problem with anything in my above post, it'd be misapplication of the Sale of Goods act.

The fact you call it "Credit Card Purchase Protection" and not section 75 makes me think you've been reading off of a single card provider's website, where they either dishonestly said "Does not apply to...cars..." or are offering additional protection to section 75.

TrickyDicky: Section 75 would work in this case, but from what I make of it, the credit card company could act exactly like the retailer - just like the retailer may not budge and you'd have to take them to court, the credit card company may not budge and you'd have to take them to court (of course unless the retailer has gone bust you probably wouldn't take the CC company to court)