Can I claim under section S75

mfgallagher

Can anyone help with some legal advice/ possible section 75 claim please. Apologies in advance this is a bit of a ramble , but I just don't know where I stand.

I did a bit of a a stupid thing last weekend, I basically put down a deposit of £500 (on credit card) on a car from a main dealer for a 2012 plate fiat 500 lounge, under 14000 on the clock it had a few chips on the body work and a large chip on the dashboard, they said they'd replace the dash board, swap it over with another one and sort out the chips on the body work. At the time I asked if it was just one previous owner and if it had full service history, to which the reply was yes. So with all the excitement of purchasing a car etc I didn't ask to look at any of the paperwork i.e. V5C or service history (how dumb am I !!). I did start to worry about it a bit on the Sunday evening but reassured myself by telling myself it was a large dealership and not a back street car sales person, and I was being a worry wart I'd just ask them to email me the V5C form in the morning so I could do all the necessary checks on it, being the cautious person I am I'm bound to do all the checks going. Any way when I rang on the Monday I was told it had to be sent to the Post Office to obtain the tax, they had agreed to tax it for me, so I asked them to copy it before they sent it off, they then replied that it had already gone off to the DVLA to register me as the keeper and it would be returned to my address in my name (bearing in mind I hadn't paid for the car in full) This didn't seem right to me I was sure I'd have to sign some part of the V5C before it was sent off, so over this weekend I did a bit of research and found out that yes, there is a section on the form for me to sign before it is sent of. So they rang me yesterday before I had a chance to ring them to tell me that the car was ready and when would I be collecting it, so I told them what I had found out - that I needed to sign the V5C before it was sent to the DVLA and I wouldn't be happy if I had to make a return journey at a later date to do this as its some 30 odd miles away, they said the'yd look into it and get back within 15 minutes they rang back and said it had all been a misunderstanding about where the V5C was and they had it all the time and it was being emailed to me by admin. When the V5C turned up in my email it turns out that Avis rental cars was the previous owner.

I was not happy about this as I hadn't been informed by them at the time of sale that it was ex rental, I think that they should have told me as that information would have had an impact on my decision making, plus I feel that they witheld the V5C so I wouldn't know it was ex rental. I had a sleepless night deciding if I should go ahead with the purchase and thought if everything had been checked at the service then ex rental may not be a problem so I asked for the full service history to be emailed to me today and all I got was a copy of the service stamp at the back of owners manual, no work check list or anything. By this time I was just so annoyed with them I emailed them saying that I was no longer confident in going ahead with the purchase of the car and wanted my deposit back.
A A couple of hours later I got a phone call from the business manager basically saying they hadn't mislead me and how could they make things better, to which I replied by giving me my deposit back as I've lost all trust now. You've guessed it they won't give me my deposit back.

I know I was stupid I'm kicking myself over it and will do for a while! This has put me off trying to buy a car big time. Does anybody know where I stand legally in obtaining my deposit or even if I can make a Section 75 claim on my husbands credit card

Thanks for reading my ramble any advice appreciated.

grumbler

Section 75 doesn't give you more rights against the CC company than you have against the seller.
Whether you have any rights against the seller is unclear to me, and I suggest you ask on the Motoring board.

My twopence:

mfgallagher wrote: »

....I did start to worry about it a bit on the Sunday evening but reassured myself by telling myself it was a large dealership and not a back street car sales person, and I was being a worry wart I'd just ask them to email me the V5C form in the morning so I could do all the necessary checks on it, being the cautious person I am I'm bound to do all the checks going. Any way when I rang on the Monday I was told it had to be sent to the Post Office to obtain the tax, they had agreed to tax it for me, so I asked them to copy it before they sent it off, they then replied that it had already gone off to the DVLA to register me as the keeper and it would be returned to my address in my name (bearing in mind I hadn't paid for the car in full) This didn't seem right to me I was sure I'd have to sign some part of the V5C before it was sent off, so over this weekend I did a bit of research and found out that yes, there is a section on the form for me to sign before it is sent of. So they rang me yesterday before I had a chance to ring them to tell me that the car was ready and when would I be collecting it, so I told them what I had found out - that I needed to sign the V5C before it was sent to the DVLA and I wouldn't be happy if I had to make a return journey at a later date to do this as its some 30 odd miles away, they said the'yd look into it and get back within 15 minutes they rang back and said it had all been a misunderstanding about where the V5C was and they had it all the time and it was being emailed to me by admin.

This seems to be absolutely irrelevant.

At the time I asked if it was just one previous owner and if it had full service history, to which the reply was yes.... When the V5C turned up in my email it turns out that Avis rental cars was the previous owner. I was not happy about this as I hadn't been informed by them at the time of sale that it was ex rental, I think that they should have told me as that information would have had an impact on my decision making,

You asked them and they gave you the correct answer. I don't think that they had any obligations to inform you.

So with all the excitement of purchasing a car etc I didn't ask to look at any of the paperwork i.e. V5C or service history (how dumb am I !!).... I feel that they witheld the V5C so I wouldn't know it was ex rental.

I don't see how this can be called "withholding".

I can be wrong, but to me it looks like a typical impulse purchase and buyer's remorse.

chanz4

no s75 claim, you bought the car which is in working order, also hire cars are serviced well and the car company mentioned are strict on rentals