Getting my money back through Section 75?

Neilx5

Hi Friends, hope you can please give me some advice.


I bought a car on my Tesco CC from a second-hand car dealer. This car went back and fourth to the dealer regarding a number of issues with it, one being a whine in 6th gear. The dealer said they have checked this and in email confirmation say its not the gearbox. Anyway, gearbox blew and I was towed home. Obviously the dealership wont accept the car back or refund me the money as I'm out of the 3 month warrantee window even though they had my car for over a month!!
The Section 75 department have ceased my claim too as they want an independent report, which no garage is willing to give.


Any thoughts would be great.


Thank you in advance


Neil

grumbler

Without a report you stand no chance.

Your rights against the CC company under s75 are the same as against the dealer should you sue it. If you do have a strong case (that's impossible without a report) the CC company can pay voluntarily without getting a court involved. Otherwise, you have to sue either the dealer or the CC company or both, although if you do prefer to chase the CC company you can take the case to FOS first.

Neilx5

Thank you for the quick reply.


So basically I will need a report, even to sue? But can go to the FOS without one?


Thanks again, its a great help!

eddddy

Neilx5 wrote: »

H
The Section 75 department have ceased my claim too as they want an independent report, which no garage is willing to give.

Garages don't usually offer this type of service. Try googling something like 'vehicle engineers report'.

Here's the sort of people you might find:

https://www.dekra-expert.co.uk/vehicle.inspections/national.vehicle.inspections.uk/vehicle.inspection.engineers.report

http://www.rac.co.uk/buying-a-car/vehicle-inspections/other-products

eddddy

Neilx5 wrote: »

So basically I will need a report, even to sue? But can go to the FOS without one?

You need evidence to support your claim that there was a breach of contract (or mis-representation).

If it's really obvious to a layman that there was a breach of contract (or both parties agree that there was a breach of contract) - then there is no need to get a report.

An administrator at Tesco CC and/or an adjudicator at the FOS won't have specialist knowledge about cars and gearboxes - which is why they are likely to want to see a report from an expert that supports your claim for breach of contract.

Neilx5

This is all a great help, so thanks.


I am unable to get a report from a garage so I will continue looking at the link above and more. Tesco have currently halted the claim awaiting this report which is impossible to get.


I really did think that having an email from the dealer saying its not the gearbox just before it breaking would be enough!


The courtesy car they gave me broke down too!!


Sods law, eh?


Thanks

eddddy

Neilx5 wrote: »

I really did think that having an email from the dealer saying its not the gearbox just before it breaking would be enough!

It depends on what the basis of your claim is, and what the dealer's defence is.

To claim under s75 you must show breach of contract or misrepresentation.

I'm guessing you are relying on the implied contract terms in the Sale of Goods Act (pre October 2015) or Consumer Rights Act (post October 2015).

e.g. the car was not fit for purpose and/or the car was not of satisfactory quality on the day you bought it.


If the argument is:
The dealer says: a gearbox that lasts for 3 months is fit for purpose
You say: a gearbox that lasts for 3 months isn't fit for purpose

.... perhaps that's more of a legal argument, and an engineer's report is less necessary.

If the argument is:
The dealer says: the gearbox was fit for purpose when he sold it - you have caused the damage
You say: you haven't damaged it

... perhaps that's more of a technical argument, and an engineer's report is more necessary.

grumbler

Well, another argument can be:
You say: the gearbox was covered by 3-months' warranty, and I complained about it before 3 months expired. You have been wrongfully dismissing my complaints and as a result it broke soon after 3 months expired.

eddddy

grumbler wrote: »

Well, another argument can be:
You say: the gearbox was covered by 3-months' warranty, and I complained about it before 3 months expired. You have been wrongly dismissing my complaints and as a result it broke soon after 3 months expired.

Indeed - which presumably means the dealer didn't meet his obligations under the the terms of the warranty. i.e. a breach of (warranty) contract.

So this might be an legal argument about how the warranty contract is interpreted (which probably doesn't need an engineers report).

The key point is that Nielx5 needs to be very clear about the breach(es) of contract he is claiming for, and persue the dealer and/or Tesco CC accordingly.

grumbler

eddddy wrote: »

So this might be an legal argument about how the warranty contract is interpreted (which probably doesn't need an engineers report).

I think in this case the report has to confirm that the 'whine' the OP complained about was really a fault.
Possibly, it also has to confirm that this fault could have resulted in the breakdown.

Neilx5

This is such a great help, thanks!


Really am going in blind here.


Neil