Does section 75 apply to private car sales?

pmoule101

I would be very grateful for any assistance.
I bought a car from a company that was selling an old company car. The company is not an auto trader. The car sale was a private sale.
Fortunately they agreed to take payment via credit card as I believe this offers protection.
Unfortunately the car has a couple of electrical faults that they were unaware of as they did not use these features of the car.

My question: Am I entitled under Section 75 of the consumer credit act to be able to claim from my credit card company for the repairs of the faults or do I have no protection as the car was a private sale?

Thank you

TadleyBaggie

More details in the other thread started: https://forums.moneysavingexpert.com/discussion/5556631

chattychappy

S75 makes no distinction. If you buy something on a credit card, then subject to the usual provisos, you get S75 protection.

Usually, of course, private individuals don't have credit acceptance facilities except via a third party (which doesn't count). But in this case, it seems you did pay directly via a credit card. So no problem.

That merely means S75 is engaged.

However S75 simply makes the CC jointly liable for breach of contract/misrepresentation. It is not a guarantee/warranty. You can only claim from the CC what you could claim from the seller. S75 is most useful in the case of noncommunicative/disappearing/insolvent traders.

In this case, I cannot see there was a breach of contract/misrepresentation - they simply sold you their car "as seen". They didn't promise anything or cover anything up. So whilst S75 might "cover" you, it covers you for nothing.