Will section 75 cover me........

kardro

I purchased a car from evans halshaw in 2010 on my credit card and have spent 3K on repairs in the past 3 years.

Just discovered that the car was a taxi in a previous life. Evans Halshaw never informed me of this.

I feel misled in the sale and want my money back. Anyone know if section 75 of the cinsumer credit act will cover me?

jonesMUFCforever

Did you ask whether it was a taxi and does it make any difference?

Did you get a warranty with the car?

You don't say when in 2010 you bought the vehicle but after 3 years you stand no chance of getting your money back.

Hominu

Not a chance.

There's also no requirement to be told whether or not a vehicle was previously a taxi before you bought it.

kardro

We never asked as why would you from a reputable dealer. It does make a difference as we would not have purchased it if we knew. The bulk of the fixes we have had to make are due to its previous use i.e. electric problems etc

We had a 2 year warranty.

The OFTs guidance to second hand car dealers does state that "they must give consumers the information they need to make an informed choice"

Another extract around providing insufficient information to consumers (misleading omissions) reads: "Failing to disclose that a vehicle for sale is an ex-business use vehicle which may have
had multiple users, for example a vehicle that has previously been used for rental, as a taxi or by a driving school"

They have clearly not played according to the rules and guidelines from the OFT

jonesMUFCforever

So sue them but IMO S75 won't cover you.
You might have had a case in the first few months say but not after 3 years - again IMO you will be deemed to have accepted the vehicle.

kardro

anyone want to buy a ford galaxy?

We have been a careful owner - cannot vouch for the taxi driver

Hominu

So if you had a 2 year warranty, assuming you spent 3K on it in the last year? If the vehicle was that bad, you would have rejected it within the 1st year?

To keep it for 3 years would state a clear acception to me.

lynz68

I really don't see sect75 covering this at all. The car dealer is not obliged to tell you the history of the car it's up to you to go prepared to ask all the right questions. I am assuming that if it was a taxi the mileage was quite high which would have been a sign right from the start.

dalesrider

Lets see.... A taxi is going to have a pretty high mileage for its age. Did you not question this, at the time?
How did the dealer pass off the high mileage.

How after 3 years have you now found out that it was a taxi?

No chance on S75.
your only hope would be to sue the dealer.

chattychappy

S75 makes the dealer jointly liable for misrepresentation and breach of contract.

It may be true that they did not follow OFT guidance and it may be that your decision would have been different had you known the history.

But neither amount to misrepresentation/breach of contract in the legal sense. Silence on an issue can rarely be construed as misrep. The principle is that if something is important you should ask the question.

So no claim, in my opinion.