Total dismay!!!!

Sarah847

I bought a car this year and started having problems with it 2 months after buying it. I am at a total loss at what to do next.... believe me it been a long 7 months trying to get my car back on the road. However my question although it's an extremely long shot. I bought the car using money from my credit card, but didn't actually use my credit card.

Basically I wrote myself a cheque using my credit card cheques and put this into my account then when I went to buy the car I used my debit card. Can I still claim from my credit card company under the Sales of Goods Act?

Any suggestions would be greatly received! Thanks.

izools

You can use the Sale of Goods act irrespective of how you paid, be it by cash, cheque, debit card, credit card, or exchange of goods.

It is the Consumer Credit Act S.75 that would not be applicable in this instance as the funds drawn on your credit facility were used to benefit a bank account, not a retailer.

Trading Standards will be able to look into the situation with you and suggest whether or not the goods were sold in breach of the sale of goods act and you can then take whatever enforcement action you see fit

mum2one

Hi
As the cheque was payable to yourself (guessing that as you put into your bank account), then the credit card liability side is a no go.

You don't mention -
where you got the car from,
what yr it was manufactured/age of the car
apr price paid
the faults
what the MOT was (how long or had the garage MOT'd it
Also who diagnosed the faults,
the mileage you did,

I may come across as being nosey/bossy, but I'm trying to look at the facts and then maybe it put the issue into perspective and how / where / who to complain to.

aloiseb

I think you should try the Office of Fair Trading - you don't say if your car was new or second hand but I'm guessing 2nd hand or you would be taking it up with the garage from whom you bought the car.

OFT have a consumer helpline, see http://www.oft.gov.uk/oft_and_cd/

(hope it's ok to post a link)

Good luck - i know how dispiriting these things can be.

opinions4u

Sarah847 wrote: »

Basically I wrote myself a cheque using my credit card cheques and put this into my account then when I went to buy the car I used my debit card. Can I still claim from my credit card company under the Sales of Goods Act?

I think you mean Consumer Credit Act. The answer is no. The purchase has to be made/part-made with a credit card transaction to qualify. A credit card cheque or cash advance does not count.

Any protection provided by the Sale of Goods Act is not reliant on a credit card purchase.

Here's a link to Consumer Direct who were excellent in my one experience of seeking advice from them.

Sarah847

The car is a 54 plate Corsa cdti 1.3. I first notice a vibration on the clutch and contacted the garage to say I would bring take it back for them to inspect. However they told me to go through the warranty, which I did. I was advised by the warranty company that I could book the car into a garage of my choice.

When I bought the car it had approx. 43k miles and now has done 46k approx and 12 months MOT. The car was then diagnosed with a fault on the clutch and that it would need the Mass Fly Wheel and clutch completely being replaced. By this time the warranty company rejected the claim on 'wear and tear'. However I paid for the repairs as I needed my car back for work. When I went to pick the car up, it wouldn't start. At the time garage stated it was probably a fuse..... this seemed plausible. I'm not a mechanic. Now this was in May. I contacted the original dealership who sold me the car to dispute the clutch issue and now the engine fault. They didn't want to know. (which I can appreciate, the car was running when it went in for repairs- a day later its dead)

I did my research and realised under the Sales of Goods Act 1979 it was up to the original garage to 'proof' to me that there was nothing wrong with the car as these problems occurred within 6 months of purchasing the vehicle and that it was fit for purpose.

I got in touch with Trading Standards and wrote countless number of letters to everyone involved in this whole mess. I later contacted an independent Inspector who looked at the vehicle for me. (verbal report) who claims without stripping down the engine we can not get a more detailed understanding of what has happened to the engine. However this is going to cost me in the region of £400 to strip the engine and then an extra £300 for the report, and this doesn't necessarily mean we'll get answers to the problem (basically I could have it done and it mean absolutely nothing)

I am a total lost at what to do next. I have never been involved in anything like this and I'm not sure what to do next. All I know is I'm not in the position to lose £3000 without fighting this until someone somewhere accepts responsibility for my car. In the mean time I have had to cancel insurance policies, take it off the road and buy a run around in order to get to work.

Any suggestions again will be greatly received. Thanks.

izools

Congratulations on getting as far as you have, you have done all the right things.

The only thing left to do now is seek independent legal advice with a view to taking this to small claims.

Sarah847

Thank you. Legal advise is going to cost though and I haven't got the cash. I'm totally stuck. I know I have to spend money, but I don't want to spend it unnecessarily. I need to way up all my options and seek advise from anyone out there who can point me in the right direction with hopefully the best possible outcome.

jonesMUFCforever

izools wrote: »

You can use the Sale of Goods act irrespective of how you paid, be it by cash, cheque, debit card, credit card, or exchange of goods.

It is the Consumer Credit Act S.75 that would not be applicable in this instance as the funds drawn on your credit facility were used to benefit a bank account, not a retailer.

Trading Standards will be able to look into the situation with you and suggest whether or not the goods were sold in breach of the sale of goods act and you can then take whatever enforcement action you see fit

Sorry but this is completely wrong!
You get no protection under S75 of the CCA if you use a credit card cheque whether it is written out to yourself to to the motor trader.

TFD_2

izools wrote: »

Congratulations on getting as far as you have, you have done all the right things.

The only thing left to do now is seek independent legal advice with a view to taking this to small claims.

I'd be careful doing this.

The guy bought a 5 year old car. Second hand cars can and do go wrong. A clutch is indeed a consumable part, so wouldn't be covered under any warranty. As for the other issue? We don't even know what it is yet. If the car ran fine for 2 months after the sale, I find it unlikely that the issue was there when it was sold. It sounds like bad luck and the perils of buying a 5 year old Corsa...

housebuyer_abc

jonesMUFCforever wrote: »

Sorry but this is completely wrong!
You get no protection under S75 of the CCA if you use a credit card cheque whether it is written out to yourself to to the motor trader.

True - however some banks associate their own schemes with debit card transactions, so you might want to mention it to your bank to see if they can apply pressure also