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Is a payment still covered when balance transfered

2

Comments

  • eddddy
    eddddy Posts: 18,178 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 23 September 2016 at 10:41AM
    mc303m wrote: »
    would this still apply to a £10,000 second hand car?
    thank you

    If you purchase a second hand car for £10k, at least partially funded by a credit card, and the seller breaches the contract - you can make a claim under section 75.

    But section 75 doesn't provide any additional warranty, or make the contract 'better' in any way.

    For example, if the car develops a fault, you will still have to show that there is a breach of contract (or misrepresentation), in order to make a s75 claim.
  • thank you eddy
  • is there a written guide on here about breach of contract regarding used cars?
    thank you
  • eddddy
    eddddy Posts: 18,178 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 23 September 2016 at 1:06PM
    mc303m wrote: »
    is there a written guide on here about breach of contract regarding used cars?
    thank you

    The contract is whatever you agree with the seller.

    For example...
    If you both agree that the car will be supplied with a full tank of petrol - that is part of the contract.

    if you both agree that there will be a two year warranty on the gearbox - that is part of the contract.

    If you both agree that if you don't like the car, you can return it for a full refund - that is part of the contract.


    PLUS... there are statutory implied terms in every contract
    i.e. the Consumer Rights Act says that every contract between a trader and a consumer automatically has the following terms:

    Goods must be of satisfactory quality
    Goods must be fit for purpose, and
    Goods must be as described

    See: http://www.theaa.com/motoring_advice/car-buyers-guide/cbg_legalrights.html
  • mc303m
    mc303m Posts: 66 Forumite
    Part of the Furniture 10 Posts Name Dropper Combo Breaker
    Thank you Eddy :)
  • eskbanker
    eskbanker Posts: 38,022 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    mc303m wrote: »
    is there a written guide on here about breach of contract regarding used cars?
    thank you
    No, this site is more general than that, although there is a guide about what Section 75 does and doesn't provide at http://www.moneysavingexpert.com/shopping/section75-protect-your-purchases

    As per previous post, there is plenty of info in the public domain about your rights when buying a used car, Googling 'consumer rights used car' brings up that AA page and others such as Which....
  • mc303m
    mc303m Posts: 66 Forumite
    Part of the Furniture 10 Posts Name Dropper Combo Breaker
    Thank you Esk
  • SHill
    SHill Posts: 146 Forumite
    It's good to get some advice on these forums.
    Please please do your homework so know that you fully know what you letting yourself into.
    A one line on these forums for an amount like £10,0000 for you to make a decision on seems a little bit of a cope out.
    Do your own home work. Call and speak with credit card firms you have accounts with. Re read your terms and conditions. so that you are content and satisfied. Wait until you are happy with all facts and answer if not wait until you are. Or you end up with a debt you can't get rid of quickly.
  • bris
    bris Posts: 10,548 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    S75 is not a money back guarantee, it doesn't give you additional rights, just another avenue to go down if things go wrong.


    A 10k car can have a lot of variations so the price alone means nothing. The age and mileage is taken into consideration for cars so if the clutch goes for instance it can be wear and tear, this is not covered under warranty or S75.
  • pvt
    pvt Posts: 1,433 Forumite
    mc303m wrote: »
    would any of these credit card companies still assist me if something goes wrong with the car? and i need to claim my money back?
    thank you

    I'm not sure I would use the word "assist" when it comes to s75.

    s75 simply makes the credit provider jointly and severally liable. If, as you put it, something goes wrong with the car, you still have to establish the dealer's liability. All s75 does is make it possible to pursue the credit provider as well as the dealer, so if the dealer doesn't pay up when they should, the credit provider will have to.
    Optimists see a glass half full :)
    Pessimists see a glass half empty :(
    Engineers just see a glass twice the size it needed to be :D
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