2nd Hand Car and Section 75

themintyweasel

Right......it took me months to get money from an insurance company after my car was written off by a drunk driver.

So you can imagine my joy when I found my new (to me) Renault Clio.

I paid £3000 for it on the 9th of July.

It then rained....alot....on the 12th of July. The car's sunroof leaked all over the passenger side seat.

I called the garage where I bought it from and they said bring it in. I did, after much argueing, I wanting my money back, they wanting the chance to repair....I eventually gave them the opportunity to repair it.

It was taken in on the 21st of July and returned to me on the 22nd july.

We had lots of rain last night.

Yup, you guessed it......wet bottom this morning.

So, I'm rather cross, I ring them up and say that it's leaking again, you had your chance to repair it and it's not fixed so under the Sales of Goods act (faulty, not fit for purpose) I am rejecting and require a full refund.

'Ha ha ha' said the man at the end of the telephone. We won't refund you the money or offer you a replacement car. All we'll do is take it in and repair it. Again.

Now, I've been in contact with Consumer Direct since the beginning of all this and they say that even though I've let them repair it, I can still return the car to them under the SOGA. They have also advised me to contact my credit card company to claim against them under section 75. They also have told me to stop driving the car as I'm rejecting it.

So....your advice please......how long does it take to sort something out via my CC company (Barclaycard btw).

What course of action would you take against the company that sold me the car?

I'm annoyed as I'll be paying for tax and insurance on a car I won't be driving.....again!

Thoughts greatly received.

haveibeendone

It can take months if the CC company and the garage won't cooperate.

For £3,000 the fast track of the County Court is open to you (sometimes called small claims).

You could get informal advice from the Financial Ombudsman (google) if the CC company won't cooperate. Below is a quote from thier website.


Our technical advice desk can :

• give an informal steer on how the ombudsman might view particular complaints
• help you find the information you need about the ombudsman service
• explain how the ombudsman service works.

Personally for a leak I would have thought (only a personal opinion) that it may be prudent to advise the garage in writing that you will give them a final opportunity to fix the problem or you will be rejecting the car. But while this wrangling is going on you must, as already advised by TS, stop using the car if you intend to reject it.

Another possibility to investigate (if the CC company and garage won't cooperate) is to get the car repaired elsewhere, Renault main dealer, and charging the garage and CC company for the cost. Could TS advise you on this?

Sam2012

Hi I found a great company online through google. Just typed in sunroof repairs and it came up first on google. Phoned the number and was told it could be fixed very quickly...think it was the day after actually.
The guy came and was there approx an hour. I found him to be smart in appearance and very conversant. He put everything into plain english and made it easy to understand.
They were the cheapest I found on the net and I would recommend to all.
I havent had a soggy seat since.

andy111

Is he a time traveller as well? This thread is 2 years old.

forgotmyname

Financial interest in this sunroof company on google perhaps?