Faulty used car - consumer rights?

[Deleted User]

childrenanddogs wrote: »

Thanks so much unholyangel, that's excellent info.

We paid cash for the car originally unfortunately - decided against a credit card due to the extra fees.

For future reference, dealers may accept a deposit by CC without charging, and then you would be covered even if the balance is paid by other means.

childrenanddogs

Sleazy wrote: »

For future reference, dealers may accept a deposit by CC without charging, and then you would be covered even if the balance is paid by other means.

I had no idea! Thanks for that, top tip.

unholyangel

childrenanddogs wrote: »

Thanks so much unholyangel, that's excellent info.

We paid cash for the car originally unfortunately - decided against a credit card due to the extra fees.

Then I'm afraid you're looking at letter before action & court action if you want a chance of getting your money back.

Doesnt help now but for future, as above you don't need to pay the full amount to have the protection. So even if they still charge a fee, put a deposit on credit card as then your card company are jointly liable - you have the same rights with them as you do the retailer. This is beneficial because instead of being limited to court action, you can make a claim from your card company, if they reject your claim, you can appeal to the financial ombudsman. Whats more, that won't cost you filing and hearing fees or possibly lost wages from attending court etc.

childrenanddogs

Thank you. I've just mentioned this to hubby and he's remembered that we paid the deposit over the phone by card. No idea though if it was credit or debit card but we'll check back over statements tomorrow and see which it was.

Thank you again, you've been a huge help.

jonesMUFCforever

childrenanddogs wrote: »

Thank you. I've just mentioned this to hubby and he's remembered that we paid the deposit over the phone by card. No idea though if it was credit or debit card but we'll check back over statements tomorrow and see which it was.

Thank you again, you've been a huge help.

If it was partly paid by credit card and you want to submit a S75 claim it will be up to you to prove the fault was in the car whe you bought it - usually done by getting an independent report - you will have to pay for this but will get the cost back if your claim is successful.
If it was done by debit card then your only option if you want to pursue it is to sue them.

shaun_from_Africa

jonesMUFCforever wrote: »

If it was partly paid by credit card and you want to submit a S75 claim it will be up to you to prove the fault was in the car whe you bought it - usually done by getting an independent report.

As it's less than 6 months from purchase, the law assumes that the fault was there at the time of purchase and it is up to the retailer or credit supplier (as they have the same obligations as the retailer) to prove otherwise.
It is only after this initial 6 month period that the onus falls onto the consumer to prove an inherent fault.

wealdroam

shaun_from_Africa wrote: »

As it's less than 6 months from purchase, the law assumes that the fault was there at the time of purchase and it is up to the retailer or credit supplier (as they have the same obligations as the retailer) to prove otherwise.
It is only after this initial 6 month period that the onus falls onto the consumer to prove an inherent fault.

That's correct Shaun, and if jonesMUFCforever had read post#4 he would already know that.

Thanks for confirming. :beer:

childrenanddogs

So we've checked, and the original deposit was paid by (Visa) debit card, not credit card unfortunately. We paid yesterday's 50% of the repair cost fee on debit card too.

It seems there is a Consumer Ombudsman which covers used cars, the company we bought it from isn't signed up to it, but it says it will still act on our behalf and try and help - is is worth doing that first? Or should we just send a letter outlining our rights and the law, and asking for the £1500+ that we paid yesterday back, and then take them to small claims court if they don't do that?

Thanks again all.

jonesMUFCforever

The car was not new but 10years old with £70k on the clock - good luck with any claim post 4 or not - it is just not true in this case.
As the car's gearbox worked well for 10 years I think we can presume there was no fault at date of manufacture.
s75 does not cover for wear and tear.
If the car was new I would agree with all of you.

neilmcl

jonesMUFCforever wrote: »

The car was not new but 10years old with £70k on the clock - good luck with any claim post 4 or not - it is just not true in this case.
As the car's gearbox worked well for 10 years I think we can presume there was no fault at date of manufacture.
s75 does not cover for wear and tear.
If the car was new I would agree with all of you.

The age of the car makes no difference in terms of who the onus of proof falls on.