Section75 query

chippenhamged

Hi there,
Could somebody please tell me if Section 75

[FONT=&quot]My claim is made on the grounds that the item purchased was faulty and I have been unable to resolve my complaint with the supplier and that you are [FONT=&quot]jointly and severally liable [/FONT]for any misrepresentation or breach of contract with the above supplier under Section 75 of the Consumer Credit Act 1974[/FONT]

applies to items that have been purchased in say September and have now become faulty in October?

grumbler

Generally there are no reasons for it not to apply, but I'd be surprised if the CC company pays eagerly on these grounds. Most likely you'll need to sure them in which case this wouldn't be easier than suing the supplier.
What about the manufacturer's warranty?

eskbanker

If the purchase satisfies the conditions for section 75 protection (see main MSE section 75 article) then assuming your claim would have been valid in September then it'll still be equally valid in October, yes....

chippenhamged

Here are the intimate details of my predicament:

Bought my 09 Vauxhall Insignia CDTi Elite 160 Nav in September from a car supermarket type place. They only dish out 3 months RAC Gold warranty.

I have given her a service and a new battery as she was asking for it. But the niggles have continued and I have plodded on and then managed to get her to see the local Vauxhall dealer.

The visual health check states that she needs:

o/s headlamp unit (AFl with Xenons) £803.40 (keep getting intermittent AFL error warning light appearing)
n/s/r coil spring £126.40 (didn't know it was bust)
Rear discs (lipped) £209.32
New flywheel £1754.10 (makes a god awful noise when engine breaking)

Coming to a total of £2893.21

Both front tyres are close to being needed to be replaced as are the rear pads.

RAC Gold warranty will only cover parts up to £500 and due to their smallprint will only replace the coil spring.

Received a phone call this evening from the car supermarket type place informing me that my warranty was about to expire and that for £74 a month, I could extend it to 3 year covering up to £2000 on parts. When I enquired would that policy smallprint be the same as the Gold one all they could do was babble and try to get off the phone straight away, especially after I told them of my predicament.

I have paid off the price of the car plus deposit off on the credit card in full but continue to have an existing balance from other purchases.

YorkshireBoy

Some initial thoughts:

£500 doesn't go very far on car repairs. Maybe you should have taken better cover out?

The disc is a wear and tear item, and will not be covered by anything except goodwill on the part of the dealer.

Haven't a clue what an AFL error is (and I'm an electrical engineer!).

Flywheel?...well we're back to the £500 issue. If I was buying a car of that age, ie just out of manufacturers warranty, I'd be wanting to ensure any warranty purchased covered engine, gearbox, transmission, etc...in other words, the most costly items.

As to your section 75 query, it covers 'misrepresentation' and 'breach of contract'. Do you think either apply here?

Atidi

YorkshireBoy wrote: »

...Haven't a clue what an AFL error is (and I'm an electrical engineer!)...

AFL = Adaptive Forward Lighting

http://www.euroncap.com/rewards/opel_Advanced_forward_lighting.aspx

Atidi

chippenhamged wrote: »

Hi there,
Could somebody please tell me if Section 75


applies to items that have been purchased in say September and have now become faulty in October?

In simple terms Section 75 would apply if the item sold was faulty.

However cars need maintaining, and ones 4-5 years old will not be perfect.

If you want a perfect car, well I doubt you would ever find yourself a perfect car, but if you want the surety of at least 12 months trouble free motoring, you should have bought a brand new one.

Your gonna struggle convincing any judge you deserve your money back over a 4-5 year old car with a dodgy headlight, worn brake discs, a worn tyre or two, etc. In fact not even a brand new car will cover you for a worn tyre (unless it was possibly worn as a result of another fault on the car)

Did you get yourself an AA, RAC or similar inspection of the vehicle before you parted with your (credit card's company) money?

lisyloo

and have now become faulty in October?

If the items really did only become faulty after you've bought the car then I'm afraid that maintenance beyond the warranty is your responsibility.
If you don't agree with their interpretation of the small print then you might have a right to complain/appeal.

You'd have section 75 protection if the car was faulty when you purchased it, but I'd expect you to have noticed both the warning light and the awful noise at that time.

Was there any inspection done at the time of sale by either your own representatives or the dealer?

A few things you've said imply the car was fine when you bought it and the faults happened later - basically on your watch.

Why didn't you notice the tread on the tyres a couple of months ago?

I'm afraid it sounds like buyers remorse, but read the warranty in case you think they are interpreting the small print too harshly.
My DH has had some success in complaining in the past and the sometimes do things as "goodwill gesture" if you complain (but the more expensive it is the less likely that is).

YorkshireBoy

Atidi wrote: »

AFL = Adaptive Forward Lighting

http://www.euroncap.com/rewards/opel_Advanced_forward_lighting.aspx

Ah yes, I have it on my Mondeo Titanium X.

jonesMUFCforever

OP can I make a comment?

Your post is typical of somebody who gives the absolute minimum information to get the answer you want then as the story unravels it is getting clearer that the answer you wanted may not be true.

Good luck with your claim but this is not going to be easy and you may not be successful.

eskbanker

jonesMUFCforever wrote: »

OP can I make a comment?

Your post is typical of somebody who gives the absolute minimum information to get the answer you want then as the story unravels it is getting clearer that the answer you wanted may not be true.

Good luck with your claim but this is not going to be easy and you may not be successful.

Yes, I thought I was answering a query about time-barring under Section 75 rather than a Sale of Goods Act issue!