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S75 Query

I bought a new car 18 months ago and paid the deposit on the credit card which is in my wifes name (I am a named card holder).

I have just found an issue with the alloys and Ford are reluctant to replace them under warranty stating the finish coming off and the pitting is wear and tear even though the rear wheels are pristine (only 8000 miles and washed every week).

Anyway I am considering using S75 to claim the cost of 2 new wheels. My wife has her own car as she is a driving instructor but we use my car for everything else (in other words it benefits both of us)

Just wondering if S75 would cover me in this scenario.

Comments

  • bris
    bris Posts: 10,548 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    You would need to prove the wheels are faulty through a defect at manufacture rather than wear and tear. You do this by getting an independent expert to write a report on why the wheels are faulty, if the report is in your favour this cost is also refunded.


    By starting an S75 claim they will investigate it by first contacting Ford for their explanation, Ford then say no claim due to wear and tear so the S75 claim fails. This is why you need the report, they are not liable until you prove they are.
  • Who is the owner of the car?

    If its your wife's credit card account but its just your car then a S75 claim is possibly going to fail as the account holder isnt the beneficiary of the goods. See http://www.moneysavingexpert.com/shopping/section75-protect-your-purchases and the secondary card holder part. You would have to demonstrate she has benefit from it, probably by showing shes a named driver or such but expect it to be challenged if the car is registered to you and the invoice is in your name.

    You are likely to need to get an engineers report to confirm if it is fair wear and tear or not. Similarly get quotes for both refinishing the alloys and replacing them. If liability is established it'd be the lower of the two they go for.
  • As InsideInsurance has said - get an independent report (at your own cost) then complain if the report goes in your favour.
  • chanz4
    chanz4 Posts: 11,051 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Xmas Saver!
    Strange that its the front two, would lead me to think way driven or a chemical used when washing has had a reaction
    Don't put your trust into an Experian score - it is not a number any bank will ever use & it is generally a waste of money to purchase it. They are also selling you insurance you dont need.
  • chanz4 wrote: »
    Strange that its the front two, would lead me to think way driven or a chemical used when washing has had a reaction

    Front wheels are disc brakes and suffer from brake dust contamination (which shouldn't be a problem as the car is washed every week and wheels cleaned with a water based cleaner). No other car I have ever owned has suffered with a similar problem.

    Rear wheels are drums so don't suffer from brake dust contamination.
  • Who is the owner of the car?

    If its your wife's credit card account but its just your car then a S75 claim is possibly going to fail as the account holder isnt the beneficiary of the goods. See http://www.moneysavingexpert.com/shopping/section75-protect-your-purchases and the secondary card holder part. You would have to demonstrate she has benefit from it, probably by showing shes a named driver or such but expect it to be challenged if the car is registered to you and the invoice is in your name.

    You are likely to need to get an engineers report to confirm if it is fair wear and tear or not. Similarly get quotes for both refinishing the alloys and replacing them. If liability is established it'd be the lower of the two they go for.

    My wife is a named driver and uses the car herself or also gains benefit when we go out or on holiday as we share the driving and the benefits. Her own car is purely a business car for driving tuition.
  • Crabman
    Crabman Posts: 9,942 Forumite
    Part of the Furniture 1,000 Posts Photogenic Combo Breaker
    My wife is a named driver and uses the car herself or also gains benefit when we go out or on holiday as we share the driving and the benefits. Her own car is purely a business car for driving tuition.
    You should seek advice on this and ensure you understand the facts before making the claim, because if during a phone call the credit provider tricks or pressures you into saying something that isn't actually true, it could cause the claim to fail.

    Credit card firms hate section 75 claims and will do everything they can to muddy the waters.

    At this stage I'd get in touch with Ford customer service and ask them whether an 18 month old car (I'm assuming the car was brand new when you got it, as opposed to new to you) should be experiencing these issues. If you have twitter/facebook they may be more eager to resolve those complaints as they're public.
  • chattychappy
    chattychappy Posts: 7,302 Forumite
    edited 17 February 2015 am28 7:07AM
    Very difficult to establish liability under S75 if an additional card is used. I think the exception is where the main cardholder enters into a contract, but an additional cardholder pays.
    If its your wife's credit card account but its just your car then a S75 claim is possibly going to fail as the account holder isnt the beneficiary of the goods. See http://www.moneysavingexpert.com/shopping/section75-protect-your-purchases and the secondary card holder part.

    That link states "you'll need to show the item/service provides some benefit to the primary cardholder to be covered.. This isn't technically written into the legislation, but is based on a ruling (62/02) by the Financial Ombudsman in 2007."

    But ruling 62/02 turned down the claim "Because of [Mrs L paying with a card on Mr L's account], the linked 'chain' of lender, borrower and supplier required for Section 75 to operate was not present, so we could not uphold Mrs L's claim against the credit card provider." Nothing about an exception if the main cardholder receives a benefit.

    I'm not aware of any ruling that states it is enough for the main cardholder merely to "derive a benefit" in order for S75 to bite.

    Willing to stand corrected.
  • Crabman wrote: »
    At this stage I'd get in touch with Ford customer service and ask them whether an 18 month old car (I'm assuming the car was brand new when you got it, as opposed to new to you) should be experiencing these issues. If you have twitter/facebook they may be more eager to resolve those complaints as they're public.

    Already done that as I did envisage issues with a s75 claim, but will try that route if all else fails.

    Won't be buying another Ford when I change the car next time. My wife was considering a Fiesta as her next tuition car but has now said no chance as dealership are useless.

    Toyota have been amazing with any issues and gone out of their way at times to keep her on the road as she's a driving instructor.
  • Problem resolved :beer:

    The power of social media is great. Ford themselves wouldn't budge but the dealership eventually came up trumps and replaced the wheels so very happy.

    Not sure I will buy another Ford in future but the dealership have retained a customer
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