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Credit card purchase protection, do I have a case?

*also posted in the motoring section...

I bought my wife a car from a local dealer just over 3 months ago now, paid £1800. It started playing up a few weeks back stalling at lights etc. The dealer had packed up when I popped it back within the 3 month warranty and all that was left was an empty lot. I took it to a mechanic friend who thought it could be a fuel supply problem and changed the filters and cleaned the lines etc but it got worse and would not start after it stalled. Turns out its the ECU which could cost me almost half what I paid to get repaired :( Any ideas where I stand on this legally? I paid on credit card and am wondering if that is an avenue to explore?

Comments

  • grumbler
    grumbler Posts: 58,629 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I think you have a case if you can prove everything, including that the fault happened before the warranty expired.
    Be prepared to sue the CC company if they fob you off.

    MSE article: Section 75 refunds
  • jonesMUFCforever
    jonesMUFCforever Posts: 28,898 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    YOU bought your WIFE a car.
    This IMO would put a block on any s75 claim.
  • Madfish
    Madfish Posts: 66 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    It's in my name and my card.
  • jonesMUFCforever
    jonesMUFCforever Posts: 28,898 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Madfish wrote: »
    It's in my name and my card.
    You said you bought your wife a car - now you are saying its yours - who is the registered owner and keeper on the v5?
  • Madfish
    Madfish Posts: 66 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    My wife uses it, it's in my name on the V5 and was paid for on my CC. Sorry for any confusion.
  • chattychappy
    chattychappy Posts: 7,302 Forumite
    YOU bought your WIFE a car.
    This IMO would put a block on any s75 claim.

    I disagree. My understanding is:

    (a) If WIFE enters into contract, and HUBBY pays on card, then no S75.
    (b) If HUBBY enteres into contract, and HUBBY pays on card, then S75.

    In the case of (b) it doesn't matter if you then give (or sell) the goods to somebody else - your contract has still been breached and you have still suffered a loss (even if that loss has been transferred to somebody else).

    In the case of a warranty: If the warranty was conditional on ownership not transferring, then even though S75 might still apply there wouldn't be a breach if indeed the goods were transferred.
  • grumbler
    grumbler Posts: 58,629 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I agree.
    Who is the owner/keeper would be relevant only if the wife paid for the car herself as a secondary cardholder.
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