Loan cover , Section 75 ??

mcfly72

Hi Moneysavers

I bough an automatic Ford Galaxy from a Ford main dealer (TrustFord, Ashton Gate, Bristol) on June 21st 2015. It is a 2012 plate and had 14,000 miles and I have put on 10,000 miles. In the past 3 weeks the gears have been slipping and today the car stopped completely with a warning something like "partial transmission failure" on the dashboard computer. I restarted the car and all was well - but now I don't trust the car and need this fixed.

I paid the deposit on debit card and purchased the remainder of the car using a car loan from First Direct. I have subsequently repaid the loan in full.

Needless to say I didn't purchase an extended warranty - it only came with a 3 months warranty. I am going to contact the dealer but Id like to know am I entitled to a refund of the repair under section 75 or does this only cover credit cards?

Thanks for any responses.

McFly!

MrsCD

McFly, Section 75 is only for credit card purchases, but you may be able to claim from your bank with chargeback. There is info on the MSE website, and I'm not sure if you would meet the criteria, but it could be worth looking at.

derrick

MrsCD wrote: »

McFly, Section 75 is only for credit card purchases, but you may be able to claim from your bank with chargeback. There is info on the MSE website, and I'm not sure if you would meet the criteria, but it could be worth looking at.

Section 75 is for credit, not just credit cards, it's for almost any loan.

.

bris

Did first direct pay the car loan directly to the vendor or to you personally. If they paid it to you personally then you have no S75 protection.

PeacefulWaters

Your car for 12 months. Your 10,000 miles driven. I can't see a hope in hell of section 75 liability against a lender in these circumstances.

If your loan was tied directly to the vehicle (as opposed to being a loan from a bank for any car) then the lender would share the same liability as the retailer here.

I just can't see the retailer being in any way liable. So neither would any lender be.

jonesMUFCforever

I agree with previous 2 posts - ther is no hope at all of a S75 claim or chargeback here.
Your car has broken down like they tend to do so you have 2 options - repair at your own cost or trade it in for another.

antrobus

bris wrote: »

Did first direct pay the car loan directly to the vendor or to you personally. If they paid it to you personally then you have no S75 protection.

Yes, s75 protection is only available for point of sale credit i.e. credit arranged by the retailer. Since the OP purchased the car from a "Ford main dealer", and what's more the Ford main dealer that is actually owned by Ford, I'd have thought it was a rip-roaring certainty that any dealer arranged finance would have been through Ford Credit.

What's more, s75 only makes the lender as equally liable for any defect or whatever as the retailer. You still have to prove that the retailer is liable because the goods were not of satisfactory quality when they were sold.

jonesMUFCforever

antrobus wrote: »

Yes, s75 protection is only available for point of sale credit i.e. credit arranged by the retailer. Since the OP purchased the car from a "Ford main dealer", and what's more the Ford main dealer that is actually owned by Ford, I'd have thought it was a rip-roaring certainty that any dealer arranged finance would have been through Ford Credit.

What's more, s75 only makes the lender as equally liable for any defect or whatever as the retailer. You still have to prove that the retailer is liable because the goods were not of satisfactory quality when they were sold.

Post 1 - OP states he got loan from First Direct.

S00088

It doesnt look like section 75 applies- it only applies to credit cards or fixed sum loans. You could raise a chargeback but this is likely to be out of time as most chargebacks have 120 day time limit.

PeacefulWaters

S00088 wrote: »

It doesnt look like section 75 applies- it only applies to credit cards or fixed sum loans. You could raise a chargeback but this is likely to be out of time as most chargebacks have 120 day time limit.

Aren't most loans "fixed sum" with no S75 liability?

antrobus

jonesMUFCforever wrote: »

Post 1 - OP states he got loan from First Direct.

Exactly.


So it's very unlikely to have been 'dealer arranged'.