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Section 75

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stanfranks
stanfranks Posts: 16 Forumite
I am buying a used car this weekend.
Deposit of £ 100 was paid by Credit Card yesterday.
Till receipt shows dealers name and deposit amount.

Sales invoice (signed and dated by dealer)shows:
Dealers name & address & vat reg no.
Total price of car
Allowance for part exchange
Deposit (shown as cash deposit)
Balance owing.

I plan to pay balance by Visa Debit Card to save on 2% card transaction fees imposed by the dealer (approx £ 52).

Will I still be covered by Section 75.
My concern is till receipt of £ 100 does not make reference to the car and that the invoice shows this as cash deposit.

Can anyone help.

Stanfranks
«1

Comments

  • wealdroam
    wealdroam Posts: 19,180 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    When you pay the balance, you'll get another receipt showing that you have paid for a car with a line on it something like "less deposit of £100 paid on x date".
    That will tie the two payments together.
  • stanfranks
    stanfranks Posts: 16 Forumite
    Thanks for the quick response.
    With the deposit only paid by CC and the balance then paid by DC, am I still covered by the the CC provider under section 75 (I think its the sale of goods act).
  • Quentin
    Quentin Posts: 40,405 Forumite
    Although you will have s75 cover, this is not for the sale of goods act!
  • rev_henry
    rev_henry Posts: 4,965 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    stanfranks wrote: »
    Thanks for the quick response.
    With the deposit only paid by CC and the balance then paid by DC, am I still covered by the the CC provider under section 75 (I think its the sale of goods act).
    Yes you are. And its the Consumer Credit Act I believe.
    from Martin's guide: 'As long as it costs more than £100, pay for even a fraction on a credit card and you're protected.' The example given is actually putting just a £10 deposit on a TV - the deposit doesn't even need to be £100+, just the total cost of the item.
  • stanfranks
    stanfranks Posts: 16 Forumite
    My mistake - I believe its the Consumer Credit Act.

    Even though only £ 100 was paid by CC will s75 still apply through the card provider.
  • s_b
    s_b Posts: 4,464 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    seems to me op is trying an underhand way to try and increase his consumer rights,well it wont work and he/she would be better served by either not buying the car/asking for a comprehensive warranty thrown in at pos as a ball breaker or buying their own mechanical breakdown warranty after or during the closure of sale
  • stanfranks
    stanfranks Posts: 16 Forumite
    rev_henry posts have crossed.

    As I now understand, if total goods are over a £100 only a small balance needs to be by CC for s75 to apply.
    The rest can be paid by any means and still be covered through the cc provider.

    Is this right.
  • shaun_from_Africa
    shaun_from_Africa Posts: 12,858 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    seems to me op is trying an underhand way to try and increase his consumer rights,well it wont work

    What is underhanded about using rights that have been put into place through legislation?, and why do think it won't work?

    Provided that the item in question sells for a price between £100 and £30,000, and some or all of this was paid for with a credit card, then the card issuer becomes jointly liable for the item if the purchaser has a problem with it.

    Whenever card issuers have to pay out for CCA 75 claims, you don't really think they pay the money themselves do you?
    When they are charging card holders 18%-25% interest when the base rate is 0.5%, they have obviously factored in an estimated amount that they will pay out for claims.
  • stanfranks
    stanfranks Posts: 16 Forumite
    edited 26 May 2011 at 4:13PM
    I will be taking out breakdown recovery and mechanical breakdown insurance as soon as I acquire the car.
    This will provide me with the minimum of hassle and I consider it to be worthwhile.

    I was trying to understand my rights within s75 and not solely relying on this.

    I know one should always take additional precautions/measures but understanding consumer rights is good practice and should always be encouraged.

    Shaun you appeared to have answered my s75 query.
  • vaio
    vaio Posts: 12,287 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    s_b wrote: »
    seems to me op is trying an [STRIKE]underhand[/STRIKE] sensible way to try and [STRIKE]increase[/STRIKE] retain his consumer rights under Sale of Goods in the event that the dealer is unable or unwilling to provide those rights, [STRIKE]well it wont [/STRIKE] which will work just fine........

    There, fixed it for you.....
    s_b wrote: »
    .......he/she would be better served by either not buying the car/asking for a comprehensive warranty thrown in at pos as a ball breaker or buying their own mechanical breakdown warranty after or during the closure of sale

    Add on warranties are a different thing entirely, S75 protects rights under Sale of Goods, or at least makes the credit provider jointly responsible with the dealer for any contractual or statutory breaches
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