Credit card protection - buying a used car

Lazy_Fair

Hi,

I'm looking for some advice on what kind of protection/refund rights I have after buying a used car on my credit card.

I'll give a little background to my situation: I bought the car for around £1400 from a used car dealer on 6/9/14. The car ran fine and appeared to be in good shape. On 11/9/14 an engine fault light appeared on my dash. I took the car to a local garage who ran a diagnostic test on the engine. Two faults were found and I was advised to have repairs carried out ASAP to the tune of a few hundred pounds. I haven't made those repairs or paid anything yet.

I've been in contact with the dealership and informed them that I'm not happy that the car I was sold a week ago now needs extensive work carried out.

I didn't pay for the warranty is was offered - 3 months cover. This now seems like it wasn't such a good idea.

The dealer has stated that he can't take the car back, and that if I'd have taken the warranty, I'd be fine.

Should we fail to find a resolution between us, do I have any recourse having paid the full amount for the car via my credit card? I bought the car in good faith, and it appears to have fallen way short of the fully functioning used car that was advertised.

Cheers

chanz4

whats the faults, lambour by any chance?

Quimoi

Absolutely you have protection for this and either the dealer is ignorant of your rights or (more likely) is trying to fob you off. Whether you took the extended warranty or not is irrelevant.

Look at the Sale of Goods Act 1979 - a used car must be 'of satisfactory quality, 'fit for purpose' and 'as described'. For the first two the age/mileage/price of the car should be taken into account but major faults within a week would be assumed to have been there when the car was sold. You should request (in writing) that the dealer provides either a full refund or repair.

This link was the first I found in Google and gives a good summary;
http://www.tradingstandards.gov.uk/cgi-bin/glos/con1item.cgi?file=*ADV0003-1011.txt

As the transaction was over £100 and paid by credit card then Section 75 of the Consumer Credit Act 1974 makes the credit card provider jointly responsible alongside the dealer. When you write to the dealer then also send a copy to your credit card company to keep them informed. If the dealer refuses to do anything or ignores your letter then you can claim the refund or repair cost from the credit card.

A link which explains your Section 75 rights:
http://www.financial-ombudsman.org.uk/publications/technical_notes/goods-and-services-bought-with-credit.html

Marktheshark

If it was to replace sensors, they are consumable wear and tear parts.
Same with Exhaust, tyres, that kind of thing.

chanz4

op would you be kind to answer, as could save you a lot of hassle because if vauxhall a spec of dirt can put the engine mgnt light on