Buying a van with CC

The_Jester

I've seen a van I fancy which is up at auction on Friday. I'm told there is a 1% surcharge when using a CC which will be about £50 but it would be appealing to me if I was covered under section 75.

What I want to know is if the van turned out to be a pig could I claim the money back from the CC company?

[Deleted User]

In theory, yes, if the van is not as described. But I would be surprised it's not 'sold as seen' at an auction.

YorkshireBoy

I'm going with no...because there may not be a debtor-creditor-supplier (D-C-S) relationship, which is necessary for section 75 claims on the credit card provider.

Reason being the auction house could be acting as an agent for the supplier of the vehicle. Are they?...or do they own the vehicle?

The_Jester

I would imagine they would be acting as an agent although not 100% sure on that.

Superscrooge

From the money advice service website

Live car auctions: You may not have any rights under the Consumer Rights Act 2015 and the car may be sold to you “as seen”. So before bidding, always check the auction house’s terms and conditions as well as the car itself.

https://www.moneyadviceservice.org.uk/en/articles/your-rights-if-something-is-wrong-with-your-car

I think it very unlikely that you could claim under Section75 if a car bought at auction turns out to be a dud.

The_Jester

Thanks for that. Presumably I'd be covered if I used my CC at a garage? Do you know what I'd be covered for if I am?

YorkshireBoy

The_Jester wrote: »

Thanks for that. Presumably I'd be covered if I used my CC at a garage?

Possibly.

Do you know what I'd be covered for if I am?

It's not an insurance policy! Section 75 makes the CC provider jointly and severally liable with the garage. So if you can sue the garage (eg under the SOGA etc), you can also sue the credit card provider. You will have a choice in who to sue...the garage, or the credit card provider, or both at the same time. Obviously you can't claim the same money from both!

jonesMUFCforever

You might be covered at a garage but it depends if the van is a personal or business transaction.

Thre is no S75 on business transactions.

bris

No protection for auction purchases, but there is also no S75 protection for business purposes, I am of course assuming the van is for work.

The_Jester

bris wrote: »

No protection for auction purchases, but there is also no S75 protection for business purposes, I am of course assuming the van is for work.

Not entirely, I would be using the van for work but also in my private life. I receive a mileage allowance from my work and have to have business insurance.

It would be no different to how it is now using my private car.

The only reason I need the van is I need more space.

Marktheshark

Read ALL T+C carefully, you may get charged up to 35% buyers premiums as a private buyer and £50 for the V5 to be sent off.
20% VAT on the van at hammer price (commercial vehicle margin) and 20% vat on premiums on top of that.