Second hand car and section 75

CBulldog12

Hi all,

Ive previously been a member on here but i cant for the life of me remember my login details! Its been a while haha.

Anyway....i have a situation which I would like some impartial advice on if anyone has a spare moment.

Its worth keeping in mind that i know ive not been massively sensible throughout all of this before you read the story

So, october last year I went to view a car as a surprise for my other halfs bday. I decided to buy it (on my credit card) and went back to collect it the evening before her bday. I get there, car kicks out huge amounts of smoke when i start it. Didnt do this on test drive, and its a bday pressy for tomorrow. Its on 3 month warranty so i agree to take it, give it to her, then bring it back to be fixed (and there is schoolboy error numero uno!).

So it goes back....is apparently fixed. I collect it and on the way home i notice still kicking out loads of smoke. So i call the guy, tell him its not fixed, take it back in a few days time. During all this i learn about section 75 of the consumer credit act. The car is clearly not fit for purpose and isnt as it was when i agreed the purchase so i start down the route of raising a claim against my credit card company.

I hear nothing from them for weeks on end, then i get calls to say they cant get in touch with the garage. Not my problem i think, but i get involved, speak to the garage, give him their contact details to get him to call them.

Again i hear nothing, and during this time the garage has informed me that the car is fixed and ready for collection. I dont collect it, i leave it with them for 3 months hoping for some kind of resolutions via the section 75 claim. But as i heard nothing and just get letters from them asking me for more details, I decide to give the guy a chance and go collect the car.

It seems to be better than it way, no smoke upon accelleration. So i think great its fixed. during this time i have another letter from credit card company to say if i dont respond case will be closed. I ignore it as i have the car and all seems ok.

A few weeks down the line its not ok, smoke is back. So we get it independantly reviewed by the manufacturer and get a list of potential issues. Car goes back with this report....same story "its fixed, come get it" so we go get it. Seems ok.

Section 75 claim is closed, im charged the intered of £500 that has been building up since the claim put the balance in dispute (this all took over 6 months as I have not been very good at keeping the pressure on. Its not my everyday car its the wives so ive been slack to say the least). Low and behold the car is not ok! More smoke than ever is now piling out the back of the car upon accelleration.

So the wife gets in touch, demanding they take the car back and provide a refund. The guy starts to get rude and quite sexist and says he will only speak to me. This was last week. Before I have had a moment to give this guy a call...the car has now died! So now im stuck in a dilemma. Because i wasnt great at handling this in the first place i now dont know what my best option is. Do i continue to push this guy to take the car back and give us a refund? Do I allow him one last chance to fix it? which he has offered even though its out of warranty...but lets not forget his mechanic has had it back 3 times with a report from the manufacturer and still not fixed it. Or do i reopen the section 75? Do i take them to court? Do i even have a leg to stand on? lol

Any advice much appreciated as there are too many stressed people in this conversation (not least of all me) to make sensible decisions. I totally realise this post doesnt paint the full picture and that the picture it does paint makes me look a bit daft. Quite out of character for me to be so lackadaisical when it involved my money or me being screwed over. Guess its out of sight out of mind, and whilst the wife wasnt complaining about the car i forgot all about it!

wiltsguy_2

hi, how old is the car? what model? and what did you pay for it?

also is it from a second hand dealer? main delaership etc?

CBulldog12

Its a peugeot 207, 2008 which i paid £4300.

From a second hand car dealer, who seems to be doing everything to avoid just taking the car back and giving me a refund. Granted its been months, maybe if i had pressured everyday from the start I would be ok. But he refuses to just give up, even though he insists there is nothing wrong with the car! If there was nothing wrong with it, take it back and sell it again