Section 75 for used car

Beccah_3

Hi all

I'd be hugely grateful if anyone could offer me some advice. Just over a month ago, we purchased a 5 year old XC90 from a non-volvo dealership. Everything has been fine until last week when we started to get various fault codes coming up and now the delightful thing will start but not move.
Its off to our local volvo garage for diagnostics and repairs tomorrow so we'll know what we're facing , costwise. At this point we would like to to have it repaired, as we're very much in love with the car.
Thankfully we put the vast majority of the purchase price onto the credit card. Does anyone know if we'll be able to make a section 75 claim for these costs?

Many, many thanks for any help.

Beccah

fthl

If you can show that there has been a breach of contract, yes.

System

Shouldn't you be allowing the original seller to rectify the problems first rather than taking it somewhere else first?

Beccah_3

Thanks for the quick replies. Unfortunately we puchased from an Alfa Romeo garage who specialise in selling alfa parts and occasionally servicing alfas only. The Volvo had previously belonged to a friend of the garage owner, who was selling it on his behalf, though our sales invoice was from the garage not previous owner. They don't have the diagnostic equipment or specialist tools necessary, so it would be impossible for them to do any repairs.

tcr_3

Beccah wrote: »

Thanks for the quick replies. Unfortunately we puchased from an Alfa Romeo garage who specialise in selling alfa parts and occasionally servicing alfas only. The Volvo had previously belonged to a friend of the garage owner, who was selling it on his behalf, though our sales invoice was from the garage not previous owner. They don't have the diagnostic equipment or specialist tools necessary, so it would be impossible for them to do any repairs.

What was the warranty offered when you bought it ? What kind of engine problems does it cover ?

Beccah_3

As it was a very small dealer, nothing was offered or available, though I believe there is the standard 6 month statutory warranty.

moonrakerz

Beccah wrote: »

though I believe there is the standard 6 month statutory warranty.

Nope !


"Section 75 does not, in itself, provide grounds for a claim against a supplier. Customers must have a valid claim of breach of contract or misrepresentation under other law, such as the Sale of Goods Act or the Misrepresentation Act." The Sale of Goods Act applies to both brand new and second-hand goods – in both cases, they have to be of satisfactory quality.

However, what is satisfactory for something second-hand is different from something new – the test is whether you could normally expect this type of problem at the age the item was".


On a 5 year old car I think you will have difficulty proving your case. All you can hope for is some "goodwill" from the dealer.

Beccah_3

moonrakerz wrote: »

Nope !


"Section 75 does not, in itself, provide grounds for a claim against a supplier. Customers must have a valid claim of breach of contract or misrepresentation under other law, such as the Sale of Goods Act or the Misrepresentation Act." The Sale of Goods Act applies to both brand new and second-hand goods – in both cases, they have to be of satisfactory quality.

However, what is satisfactory for something second-hand is different from something new – the test is whether you could normally expect this type of problem at the age the item was".


On a 5 year old car I think you will have difficulty proving your case. All you can hope for is some "goodwill" from the dealer.

Eeek, not what I was hoping to hear, but thank you for taking the time to reply.
Well we've had the RAC out to look it over and read the codes and he's found the two most serious codes were there 17000 kms ago, long before we purchased the car. So I'm now of the opinion that it might have been bodged to sell and that its been mispresentated.

pinkshoes

Have you actually contacted the garage you bought it from yet? You could ask them that given the amount of faults, you think it's only fair that they contribute to the cost of putting them right.

Beccah_3

pinkshoes wrote: »

Have you actually contacted the garage you bought it from yet? You could ask them that given the amount of faults, you think it's only fair that they contribute to the cost of putting them right.

Planning to do that first thing tomorrow morning, after booking it into my local Volvo dealer. At the moment we really don't know what the exact problem is so have no idea what to expect.

verityboo

My understand is that you should allow the supplier a chance to rectify any faults. They may themselves not be able to carry out the necessary testing or repairs inhouse, but might have an agreement with another garage who can. I do not think that you would be able to reclaim any costs you inccur with the Volvo garage unless the supplying dealer gives the okay first.