Car bought on Credit card

wattsy1

Because the garage sold the car to us with the fault, which only becomes apparent when you turn tight corners, like getting in and out of my driveway, or parking which i didn't do on test drive!!

mo786uk

what date did you buy the car?

what date did you first report it to the shop?

what part has caused this issue?

Hintza

Why oh why are you on here BEFORE speaking to the selling garage?

CoolHotCold

Yea speak to the garage first, But if they don't do anything the credit card company won't.

Financial Ombudsman ruled the purchase must directly impact the card owner significantly. Just having the car, "In Case" your FIL gets in a pickle doesn't count, and I never said you owned it, but if your FIL owns it but the car is in your name the credit card company has more than enough information to disqualify Section 75.

Unfortunalty just using it to give your FIL a lift because of his disability doesn't count as primary use.

artbaron

How bizarre. Surely the very first thing you do is talk to the garage and ask them to repair it. Or am I missing something?

egbert101

The Consumer Credit Act gives your FIL the right to sue the garage, card provider or both. Therefore if the garage refuse to help he could sue the card company, who would put their weight onto the garage as they dont want to have to pay out. IE, if you were to take them to court they would likely name the garage in turn, if it was cost beneficial to do so. For a small amount like £500 they would probably just pay out as going to court would cost more.

BUT ONLY if YOU have evidence to prove there has been a Breach of the Sales of Goods Act, which in this case has not necessarily been proven. Your FIL bought what is presumably a second hand car. Can he show that the problems were there when it was bought. You would probably need to get another garage to provide an assessment confirming that they believe the damage is older than however long you have owned it and is not due to normal wear and tear.

wattsy1

Firstly, i came on here to ask advice because i am unsure as to what to do or where to go.
Thank you for all the advice i will contact the garage that slod the car, i do have a written report from a main Landrover dealership stating that the part has ceased to operate correctly due to fair wear and tear, however, it looks very much like the part has been like that for some time but in any event before the car was sold to us.
The car was bought in November 2010 2 days before i went to Norway on business, i have just arrived back from Norway so i have been unable to get to the garage, (the garage is in the UK!!!), My wife is a 7 day worker with Social Services and therefore uses the car all the time for business calls, so she has been unable to get to the garage also.
i do not give my FIL lifts, but we live 125 Miles away and has to make an emergency dash there after he suffered a stroke last year and again just before i bought the new car. MIL cannot drive or even walk very far due to her condition and her hands are that crippled that she finds it very difficult to even pick up the phone at times. but none-the-less, thank you for all your help and advice in this matter.

Forwandert

I don't think you'll get very far with the garage, if you purchased the car 4 months ago and the problem was apparent then your wife should have taken it back for them to check out and repair, your excuse about your her not having time etc is just that an excuse and will be seen as one, everybody gets a day off at some point, who knows how much worse or extra damage that has been caused by continuing to drive the car instead of getting it repaired.