Section 75 claims

cardinalbiggles

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.

Not quite true, if you were to buy a new car from a dealer say in London and lived in Scotland and they knew that up front it would be unfair of them to expect you to return it to them. Thats new cars mind you so not quite the same as this case.

Lum

Beccah wrote: »

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.

Just make sure they actually send one out, I had a bad experience with the RAC a few years back when I had an automatic 4WD Subaru Legacy that munched it's piston rings on the way back from Scotland.

Phoned them up "the rings have gone, oh and it's a 4WD so you'll need to send a flatbed.

Little transit van turns up, "can you start it up", attempts to do so, "yeah the rings have gone. I'll get it towed", "you'll need a flatbed because it's 4WD mate", "I know, don't worry about it". *phones up and states that a flatbed is needed.

Little transit van with a towing dolly on the back turns up, "oh for f**ks sake I can't tow that, why didn't you tell them it was a f**king 4WD Subaru", "uhh, I did, and so did the last guy who turned up."

An hour later a flatbed turns up. By now 2 1/2 hours have been wasted, so they had to transport the car home, then turn up again in the morning to take it to the garage as the garage shut at 6.

Kilty_2

How does S75 actually work in the event of buying a faulty car on a credit card - I believe it applies even if you only pay a deposit by CC (providing that's over £100) ?

Does that mean if you can successfully prove a car is faulty at the point of sale the credit card company will refund the full purchase price and then recover it from the dealer even if you didn't pay the full price by card?

Lum

Don't know for certain, but I suspect the credit card company are only liable for the money that went through them.

harveybobbles

Not suite sure why the OP feels that the car has been misrepresented at best, fiddled with...?!


If the fault code was last cleared 17000KM's (not miles?) ago then thad doesnt mean it was cleared to sell the car. It just means the fault code was cleared and possibly had a fault fixed.

Kilty_2

Lum wrote: »

Don't know for certain, but I suspect the credit card company are only liable for the money that went through them.

Hmmm. I wonder how this would affect a purchase where part exchange was the brunt of the "money" that changed hands with the remainder cash balance being paid on a CC.

If anyone knows, get in touch :T

Beccah_3

Lum wrote: »

Just make sure they actually send one out, I had a bad experience with the RAC a few years back when I had an automatic 4WD Subaru Legacy that munched it's piston rings on the way back from Scotland.

Phoned them up "the rings have gone, oh and it's a 4WD so you'll need to send a flatbed.

Little transit van turns up, "can you start it up", attempts to do so, "yeah the rings have gone. I'll get it towed", "you'll need a flatbed because it's 4WD mate", "I know, don't worry about it". *phones up and states that a flatbed is needed.

Little transit van with a towing dolly on the back turns up, "oh for f**ks sake I can't tow that, why didn't you tell them it was a f**king 4WD Subaru", "uhh, I did, and so did the last guy who turned up."

An hour later a flatbed turns up. By now 2 1/2 hours have been wasted, so they had to transport the car home, then turn up again in the morning to take it to the garage as the garage shut at 6.

Crikey...thanks for the warning Lum, I'll make doubly sure that they know its a 4WD. So far they've been really helpful, someone was out within an hour to look at it and they've told us to just ring back once we've booked it in to the garage.
The whole thing is just so stressful, you don't imagine that a car will conk out 6 weeks after you buy it.

Lum

Kilty wrote: »

Hmmm. I wonder how this would affect a purchase where part exchange was the brunt of the "money" that changed hands with the remainder cash balance being paid on a CC.

If anyone knows, get in touch :T

The rest was on a debit card.

Was it a Visa debit by any chance? Visa honour section-75-like claims even if they go through Visa debit.

Kilty_2

In the situation I might end up needing help with, the balance was on a MasterCard. (dealer forced me to take delivery of a faulty car which they don't seem awfully keen to fix)

harveybobbles

Beccah wrote: »

you don't imagine that a car will conk out 6 weeks after you buy it.

You'd be surprised...!