SECTION 75 Question

RAZZLE

I recently purchased a used vehicle from a used car dealer, paying on my credit card, the vehicle lasted a month and then packed in and is now an uneconimal repair - transmission problems. The car is not that old 7 years with average milage. The dealer has "dissappeared" hiding behind smoke and mirrors. Is it worth invoking section 75 against my credit card company as I cannot get any redress from the dealer for breach of contract under the sale of goods act.

moonrakerz

"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. If they do, then they have a like claim against the card provider for the full amount of the claim."

Does the transaction fall within SoGA - how did the dealer "breach" the contract - can you prove that he did so ?

Was it misrepresented ?

If he sold it in "good faith", there isn't much you can do..........7 year old cars break down.....as do all cars.........

chanz4

does the recipt say sold as seen?

RAZZLE

As I understand it the SOGA says that goods must be fit for purpose - the car perhaps was not fit for purpose as it only lasted 4 weeks and 600 miles. the SOGA also ays that any fault that occurs within 6 months is deemed to be present at point of sale therefore the dealer must offer repair.Also a vehicle can be rjected due to faults within a reasonable time - although it does nto specify what this is. The seller also signed a guarantee waiver on my behalf - and then said I sign it. So clear breeches of contract.

RAZZLE

the receipt say "sold without any warranty or guarantee but does not effect your statutory rights" it is signed in the buyers section but not by me!

moonrakerz

RAZZLE wrote: »

As I understand it the SOGA says that goods must be fit for purpose - the car perhaps was not fit for purpose as it only lasted 4 weeks and 600 miles. the SOGA also ays that any fault that occurs within 6 months is deemed to be present at point of sale therefore the dealer must offer repair.Also a vehicle can be rjected due to faults within a reasonable time - although it does nto specify what this is. The seller also signed a guarantee waiver on my behalf - and then said I sign it. So clear breeches of contract.

I think you are reading a lot more into SoGA than is there when it concerns a used item. Do you really expect a 7 year old car to be free of defects ?
If that really was the case no one would ever sell a used car as they would be expected to offer a 6 month unconditional warranty with it.

Suggest you read this:

http://www.adviceguide.org.uk/index/your_world/consumer_affairs/buying_second_hand_vehicles.htm

RAZZLE

Thanks for the link - just confirms my claim! Great help thansk very much!!:T

If the vehicle develops a problem soon after you bought it, you may have a right to return the vehicle to the dealer and get your money back. This would probably need to be within about three to four weeks at the most of buying the vehicle. The problem would need to be fairly major, and you would need to take into account the age, mileage and price of the vehicle when deciding whether it is reasonable to take it back.
You must stop using the vehicle at once and contact the dealer. If you have left it too late to claim a refund, or you don't want one, you may be entitled to ask for a repair or replacement. The fault must have been there when you bought the vehicle. If you do agree for a major fault to be repaired and the repair turns out to be unsatisfactory, it's not too late to ask for your money back.
If the dealer won't agree to put the problem right, you can take legal action up to six years from the date you bought the vehicle (five years in Scotland). However, it is probably unrealistic to take legal action for a fault in a secondhand vehicle, especially an older vehicle, once you have been using it for a reasonable length of time.
If you take the vehicle back within six months of buying it, the dealer should accept that there was a problem when the vehicle was sold and offer to repair or replace it. If the dealer doesn't accept that there was a problem when the vehicle was sold, they will have to prove this.

lisyloo

I think you have a case.
Write to the dealer by recorded delivery for 77p (so that you have proof of delivery).
Yes I would get the card company involved, but expect them to want you to have pursued the dealer (hence the proof).

RAZZLE

Done that ..apparantly he has done a runner! Funny that - now if that is not an indication of guilt .. name change etc .. still the same registered office though.. got the directors home address might pop round and have a word....

dazedandconfused_123

Basing my reply on MY OWN experiance of section 75....

Personally I wouldn't go to the directors home address as you you don't know what might happen (wouldn't look great if things kick off and the police are called on you IMO) You've done your bit and now you could legitamently pass it into the hands of the card people....

I'd say have a word with FOS (Financial Onbudsman) The folks there are really helpful and will advise what to do next-they may even contact the card people on your behalf if they think you have a good case.

Equaliser123

No way should you just go round to the director's homes. What do you really think that would achieve?