Section 75 claims

Beccah_3

Hi all

I've posted this in the consumer right forum too, but looking for all the advice I can get.

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

rev_henry

Your initial port of call needs to be returning it to the place where you bought it for them to fix. It can muddy the waters if you go straight to another garage. I wouldn't think about section 75 just yet. Speak to the place of purchase first.

Beccah_3

Thanks for the quick reply. 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.

Lum

Did you buy the car on your credit card? I don't think you can make a Section 75 claim for the repair costs as this would recover the money from the innocent people you paid to repair your car!

Also you should still give the seller the opportunity to make it right before you go to another garage. They may just ask you to get quotes and offer to pay for it if they don't want to fix it themselves.

Beccah_3

Thanks for your reply Lum.
Yes we payed about 75% of the purchase price , just over £7100, on the credit card with the remainder on the debit card and our old car as a trade-in. To be honest I'm really not comfortable with the alfa dealer trying to make any repairs, especially as we're having problems after only 6 weeks and he is also in the west midlands, whilst we're in Wales.

Lum

If you don't at least give them the opportunity to make it right then you wont have a leg to stand on in any further claims you may try to make.

Of course if they ask you to bring it back to the Midlands, I'd ask if they're going to cover the costs of petrol, hotel etc. which may push them in the direction of offering to pay a local garage to do the work.

Do that first, do it all in writing, if you don't get anywhere then get some quotes locally, then approach your credit card company about making a claim. Not saying it will be successful, but you need a paper trail for this.

vaio

S75 will only click in if the Alfa dealer don't play ball.

I don't think you'll have a problem using another garage but your first call must be to the Alfa garage to give them the opportunity to sort the problem. As it doesn't drive they can either collect the car or more likely get some one local to look at it (probably the local Volvo dealer)

Inactive

Lum wrote: »

Of course if they ask you to bring it back to the Midlands, I'd ask if they're going to cover the costs of petrol, hotel etc. which may push them in the direction of offering to pay a local garage to do the work.

.

I don't think that the OPs geographical location is the responsibility of the seller.

The buyer chose to buy from a distant seller.

harveybobbles

Beccah wrote: »

puchased from an Alfa Romeo garage. 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.

You should still give the selling dealer a chance to fix the car for you. If you bought a settee from DFS and it had a fault on it after a few weeks, you wouldnt take it to a sofa specialist would you? Youd go back to DFS.

Anyway, even if they dont have the diagnostic tool,s it doesnt mean they cant repair it. They may have a guy locally who comes in to do all their diagnosis stuff. You have to give them chance...!

Also, the fact that the garage isnt local to you isn't their problem. At the end of the day, you chose to drive the distance and buy the car from them. They didnt force you to go there, so that needs to be taken on the chin if any problems crop up which require you to return the car with any faults.

apart from "not moving" what exactly is the problem? And more to the point, how did it gee to the oter garage if it wont move?

Lum

Inactive wrote: »

I don't think that the OPs geographical location is the responsibility of the seller.

The buyer chose to buy from a distant seller.

Maybe, maybe not, doesn't hurt to try though.

Forgot about the bit where the car is immobile too. Who is responsible for sending out a flatbed* in this situation?


*and yes it will need to be a flatbed since the XC90 is 4WD. Sticking it on a towing dolly for that sort of distance is likely to cause further damage.

Beccah_3

Thanks again for all taking the time to reply. Apolgies for the lack of quotes, pc and mse equals confusion.

Harveybobbles, mmm the not moving is pretty much the problem. At the moment, it will start and the engine will rev away happily whilst stationary. However as soon as you try to pull away the engine management light comes on and the car goes into limp mode, before cutting out.
We've had the RAC out in the last hour or so to read fault codes ect...they've stated that at least the two most serious of the fault codes were there 17000 KM's ago,long before we purchased..so have obviously been cleared to sell the vehicle. Right now I'm feeling that the car was misrepresented at best, fiddled with at worst.
I do throughly agree with you all, I should give the alfa dealer the chance to do something to rectify the situation and our location really isan't their problem. However as I feel that the car might well have been botched to sell, I'm not sure that I have any confidence in their ability to effect a safe repair. I'm planning to call them first thing in the morning though and see what they have to say on the matter.

The RAC will transport the car to our local dealer, as LUM is right it will need a flatbed as its a 4WD and an auto which cannot be towed.