Section 75 help from newbie :)

Mavericknum1

Hello all,
I am new to this site but have had great help from Google searches and reading threads and have joined now for future reference and help. I am seeking advice and help regarding section 75, I bought a car 22nd February this year on my Barclaycard credit card for the sum of £3450, the total price was £3995 but the rest was paid on my bank card as I had some cash of my own, about 3 weeks into owning the car the brakes started overheating and I could feel and hear a drag on the car that had got worse past 2 weeks, then the next day the calipers stuck on and I couldn't move the car and effectively had no brakes as the issue with calipers had caused the pads to wear to nothing and pads to brake up also the calipers were damaged so i had to get recovered and have all 3 parts replaced IMMEDIATELY I needed car for work 6 days a week and kids all other times in week when not working, this cost me £409.59. I had no choice but to pay it there and then, I then got on phone to company I bought car from (car garage trader in blackburn) and explained what had happened and that after just 3 weeks the car was broken and shouldn't be in any condition to be on road even though it came with full mot which had been done but the garage I got work done at informed me that the issues had been there a while and was ready to go at anytime, so sold me a defective car even if unknowns eye he did and I asked for a refund of the cost and he said all they could do was bring it to BLACKBURN and they will do the work !!! I live in Stockton on tees which is few hours drive from me and also the car wouldn't move and had no brakes yet expected me to drive it back to him !!! Plus I'd lost all trust in them doing the work considering it was them who passed an mot on it ! So then on 28th March I wrote the template section 75 letter to Barclaycard asking for the £409.59 payment under section 75, they then wrote back acknowledging the 75 and asking for further info, invoice receipt for sale on credit card which I sent, invoice for the work carried out which stated that calipers were stuck and caused discs to wear down and pads to brake up and also detailed explanation to my claim basically the story and time line and how the goods were defected and not of satisfactory sale state after only 3 weeks of buying car that has cost me over £4K also explained I contacted trader and that they were help or didn't want to pay and that I couldn't get the car to them as its few hours drive and car wasn't road worthy, if I could if have took to them as from a trader there is 3 months warrenty when buy car, so situation so far and the help I need is I've received letter back from Barclaycard refusing my claim on the grounds of "it is noted from the documentation supplied that the work to repair the vehicle has been carried out. Therefore, it is not possible to prove breach of contract or misrepresentation by the merchant" also at the start of the reply letter it states dispute against Motorsport BLACKBURN for £3450 ?? I only ever asked for £409.59 the cost of the work that I shouldn't have to pay for on a vehicle I've owned for 3 weeks, I have not asked for the full amount or are they just stating this as this was the amount on the card, do I have any further hope of getting the cost of repairs I shouldn't expect to have to shell out for after spending so much on a car that clearly is merchants fault as I had to pay out not just for pads and discs but it was the faulty calipers that caused so much damage and work after 3 weeks that was there to begin with, I'm no mechanic but expect a car to not have issues or at least be covered if any faults arise, I'm only using Barclaycard as merchant won't pay but offered to do work but the work had been done and car couldn't drive and also I couldn't get the car back to him being so far away, so can I take this claim further and argue it or do I just need to accept barclaycards refusal. Many thanks for taking time to read this essay but I'd rather be thorough with story and get help, thank you to anyone who takes time to read and any responses

molerat

The big problem here is that you did not give the supplier the opportunity to fix the problem and chose to have it done elsewhere breaking one of the basic principles of consumer law. I think you will have a tough time fighting this one even in court.

Helvetica_Van_Buren

That is the biggest paragraph I've ever seen and it's out of control. I tried breaking it up into blocks of text but had to abandon that plan because it gave a migraine.

Quite simply, you need to give the seller at least a single opportunity to repair or replace. If it doesn't work after this, you can ask for a full refund whether it's a Section 75 claim or not.

I'm not sure about the specifics of getting it to the seller in order to enable to the repair or replacement - Barclaycard might be able to advise you on this under your Section 75 claim.

That's all I've got.

pvt

Very difficult to read your post - just a wall of partially punctuated text.

You have a number of problems regarding making a successful claim:

-The car worked fine when you got it - you've claimed you drove it for 3 weeks with no problem;
-You've stated that you were then aware there was a fault with the brakes (overheating/noise/drag), but you continued to use it;
-The only diagnosis of the problem was by the garage that repaired it. So no evidence that all that work needed doing;
-You didn't get quotes from any other garage for getting the repairs done;
-You didn't give the merchant an opportunity to rectify the problem before going ahead and getting the work done. Even if that was impractical, you could have at least given them an opportunity to discuss the work that needed doing before it was done.

If Barclaycard have refused your claim, the only way to pursue it would be to take the seller and Barclaycard to court. Given the above, I doubt you'll have any success following that route.

eskbanker

Mavericknum1 wrote: »

I needed car for work 6 days a week and kids all other times in week when not working

<snip>

he said all they could do was bring it to BLACKBURN and they will do the work !!! I live in Stockton on tees which is few hours drive from me

<snip>

I'm no mechanic but expect a car to not have issues or at least be covered if any faults arise, I'm only using Barclaycard as merchant won't pay but offered to do work but the work had been done and car couldn't drive and also I couldn't get the car back to him being so far away

How did you anticipate any post-sale warranty work being carried out if you're a few hours drive away and need the car constantly? I know it's easy to say in hindsight but buying a second-hand car a long way from home, it really would have been advisable to arrange an independent inspection from someone who is a mechanic....