Section 75 - Help Required

Jonesabc

Hi

I am in a spot of bother and require assistance from anyone if possible. I have just lost my job and need to find anyway to save money.
I purchased a car just over 3 months ago for over £6000 from a trader. I paid for the car in full via debit card but made a payment of £400 using my credit card also.
The car has around 115,000 miles. I have not even driven more than a 1000 miles in the car since purchasing it.
I took the car in for a service and the mechanic states that the clutch needs replacing which is around £600 as I told him to investigate it as the car judders when pulling off.. My neighbour stated that I should be able to claim via section 75 but I am unsure as the car was sold with no warranty but on the ad it stated great car. I have not done anything as of yet and wanted to know if there is anything I can do with regards to making a claim or is it pointless making a claim.

Thanks to anyone who responds back to the message.

grumbler

Start with asking yourself a question: "Do you have any case against the seller"?

Personally, I don't think so.
Is the seller supposed to check the clutch before selling? -No.
Was the card sold with warranty? - No.
Is it reasonable to expect that a clutch of 115K car might need replacing soon? -Yes.

So, knowing how risky it is to buy a car with so high mileage, IMO, it was you who was supposed to to do the inspection you wanted.

If you don't have any case against the seller, then you don't have any grounds for s75 claim either.

agrinnall

Have you asked the dealer if they will make the repair, or at least contribute something towards it?

zolablue25

If the car was bought from trader then there are requirements over the quality of the vehicle

http://www.tradingstandards.uk/advice/problemswithvehicles-sum6.cfm

bris

zolablue25 wrote: »

If the car was bought from trader then there are requirements over the quality of the vehicle

http://www.tradingstandards.uk/advice/problemswithvehicles-sum6.cfm

Fair wear and tear is excluded. It's done 115k miles so fair wear and tear is more than just a possibility. Your chances of a successful claim are slim and even if there was hope the trader or CC are allowed to fix the fault.


S75 is not a warranty or a money back guarantee. It's their for breach of contract, you will need to prove this breach.

PeacefulWaters

You paid how much for a car with six figure mileage?

ferry18

Hi this is my first posting (please be gentle).I seem to have a similar problem.

I purchased a used car on the 10/02/2016,i had it serviced week after purchase £68.50

I paid £1030 on my Yorkshire bank credit card.
Its a Renault Modus 1.5dci it had 92875 miles on clock and some history.

It had a "30 day warranty" Had it 40 days and done 763 miles.

Well on Friday warning light came on check injection,managed to get to the nearest garage who checked the codes.It has 3 that wont clear,it will need a repair on injectors probably and its quite a costly repair (its now stuck on my drive unable to drive it because its unable to start)

Then i contacted dealer who said he was unable to help.
Spoke to him again and mentioned The Consumer Rights Act which came into force on 1 October 2015,( Between 30 days and 6 months)
If a fault comes to light after 30 days but before 6 months have passed then you are entitled to a repair, replacement or refund. It is assumed in law that the fault was present at the time of purchase unless the seller can prove otherwise. During this period, unless you have agreed otherwise, the seller (dealer) has only one opportunity to repair (or replace) the faulty vehicle after which, if they fail to repair it, you are entitled to a refund.)

Dealer says he wants his mechanic to have a look at it next week because his chosen Mechanic is on holiday!! That still leaves me without a car to get to work.

Then i phoned my credit card provider Yorkshire Bank and said mentioned section 75 for the repair if the dealer doesn't play ball? (not fit for purpose if it wont drive surely breach of contract?)

Yorkshire bank mentioned chargeback but not section 75?. Any help would be appreciated,40 days before its unable to drive isn't filling me full of confidence on the whole issue.

grumbler

Under chargeback you can claim the amount you paid. The supplier can challenge this.

Under s75 you claim from the bank, not the supplier, and claim consequential losses, not just the original amount. That's why CC providers don't like this. Don't expect this to be easy if you chose this way.

ferry18

So i am not being unreasonable to claim for section 75,if the dealer will not pay for the repair?
If so would that be for for the full amount £1030 including fee or £995 for the car or just the repairs to be carried out?
Sorry for being a pain.

grumbler

ferry18 wrote: »

...If so would that be for for the full amount £1030 including fee or £995 for the car or just the repairs to be carried out?....

S75 doesn't give you any extra rights compared to the CRA.
You can claim as much as you deem reasonable, but the CC company can offer the repair instead. In this case you still can try claiming the 'consequential' losses resulting from the days you didn't have the car.

ferry18

So would the faults and the fact i am unable to drive the car,constitute a breach of contract under section 75? Should i authorize repairs if the dealer fails to fix it or should i contact the Credit card?
Many thanks.