Tesco Bank section 75

sammieking

Good morning guys, we need advice, Tesco bank has asked us to go back to a second hand car dealer in Scotland who sold us a faulty car which is beyond economic repair and this has been excepted in fact.

Tesco Bank wants us to go back to the same dealer and exchange car to the full value of said sale but the dealer has no cars of that value or make and the nearest car costs several thousands more in value.

Our understanding was a full refund would be made by Credit card company and then we had the right for us to dispose of the said faulty goods.

What are our legal options under Section 75?
Can they make us have to purchase from same dealer.

I trust you guys will have the correct answer.

tomtontom

* accepted

What does the dealer say? How long had you had the car?

sammieking

Good morning Tomtontom, we reported the fault after the first day of ownership as the dealer put it to a different garage to repair but after 3 attempts to fix sticking merc glow plugs we knew we were in serious trouble.
The repairing garage basically washed their hands of the repair and said they tried everything but we assumed they were very scared of breaking the glow plugs into the engine thus requiring a new engine to be fitted and decided not to risk it instead.
We still had warranty cover at the time we reported to credit company.
The dealer has a very good local reputation but we feel we are being bounced into something with no controls.

bris

If all resolutions are exhausted then the CC co are equally liable. If a refund is the only outcome then you will find the dealer will be the one who give it to you. Whilst the CC co would pay it they will only do so as a last resort, a good dealership will pay up before it gets that far as the know the CC will just come after them for it anyway.


Regardless of who refunds you the car them becomes their responsibility, the dealership will want it back. there have been instances where companies have gone bust, CC have paid out and let the buyers dispose of the goods but that is a rare occurrence.


At this point it looks like you have exhausted all options and if the dealership can't offer you a suitable replacement then no, they can't make you buy from them again.

peachyprice

sammieking wrote: »

Our understanding was a full refund would be made by Credit card company and then we had the right for us to dispose of the said faulty goods.

You may be entitled to a full refund either from the dealer or under S.75 as a last resort, however, that entails returning the car. You don't get a refund and to keep/dispose of the car.

sammieking

Thank you for all your advices will report back final results for others can learn from.

George_Michael

bris wrote: »

If all resolutions are exhausted then the CC co are equally liable. If a refund is the only outcome then you will find the dealer will be the one who give it to you. Whilst the CC co would pay it they will only do so as a last resort, a good dealership will pay up before it gets that far as the know the CC will just come after them for it anyway.

That is incorrect.
The credit supplier is equally liable for any breach of contract but there is no requirement for any resolution to be sought from the supplier of the goods before attempting to claim under Section 75.

sammieking

UPDATE 1

Car dealer claimed he was unaware his approved garage had failed to repair the problem and asked forgiveness and another chance to repair merc.

Tescobank told them it was to late in the day as he had plenty of oppertunity to do that from day one and it was there failing to have this works carried out.

Tesco Bank has told them to replace like for like within two weeks or give full refund.

To be fair Tesco Bank has been briliant so far but we are still not clear on what "like for like" actualy means in reality and what happens if the exchange does not meet the criteria do we have the option to reject or see/view replacement before they offer it?

Our Merc is fully loaded so getting a like for like seems impossible at this stage.

What are one's right to reject a replacement that does not meet that spec?

Nodding_Donkey

Like for like means same age, mileage, specification etc.

peachyprice

sammieking wrote: »

Our Merc is fully loaded so getting a like for like seems impossible at this stage.

I doubt it's impossible, it just means the dealer will have to do some work to source one.

It may well be that it's impossible for him to find one at the price he's willing to pay in which case he'll have to give you a full refund, or more likely ask you if there is anything else you would accept in it's place.

If I were you I would have a look around now and see if there is anything else you would be willing to accept if he can't find another suitable Merc so that you're ready with a suggestion of a car you would accept rather than him offering cars you don't want. You could end up with a good deal, he'll just want to be shot of you now in the easiest way possible.

sammieking

Thank you guys just checking before we have to meet with them.