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Secondhand car credit card rights

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  • eddddy
    eddddy Posts: 18,030 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Nattay wrote: »
    Just would like to know what rights I have buying the car on a credit card? I know you take a risk buying a second hand car. I watched a programme a while ago where a man
    Bought a car on credit card and the engine went and he got his money back(however I can't remember what rights he had).

    You get no extra warranty as a result of paying by cc.

    However, the seller and cc are jointly liable for breach of contract (or misrepresentation).

    If the car was not fit for purpose, or of unsatisfactory quality when it was sold - that would be breach of contract.

    But cc companies aren't generally car specialists - so they're likely to ask you to get a professional report on the car, that says the car was probably not fit for purpose or of unsatisfactory quality when it was sold.
  • Car_54
    Car_54 Posts: 8,863 Forumite
    Tenth Anniversary 1,000 Posts Name Dropper
    That's incorrect.
    As S75 makes the credit supplier jointly and equally liable along with the supplier of the goods, there is no requirement to attempt to get the retailer to resolve the problem before starting a S75 claim.
    As the CC company has exactly the same obligations as the retailer you can go straight to them without even bothering to inform the retailer of a problem.

    I'm not saying that this is the sensible way to go, simply that this is an option should someone decide to do it this way.

    Hardly. S75 covers only misrepresentation and breach of contract. I haven't seen any evidence of either so far.
  • forgotmyname
    forgotmyname Posts: 32,929 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Its a 6/7 year old car and nothing you have put seems out of place or excessive except your garages best guess at the injectors and turbo having failed without proper diagnosis.
    Censorship Reigns Supreme in Troll City...

  • force_ten
    force_ten Posts: 1,931 Forumite
    Eighth Anniversary 1,000 Posts Combo Breaker
    if it is the 1.6HDI engine then the garage is right to be wary about carrying out the repairs

    this engine is prone to oil blockages and high carbon build up within the engine causing premature turbo failure as well as other problems and garages were fitting new turbos and they were failing prematurely because they replaced the part but not fixed the problem that caused the turbo to fail in the first place

    if it is the 1.6HDI then you have bought a car with known problems and the best thing you could do is get rid of it
  • force_ten
    force_ten Posts: 1,931 Forumite
    Eighth Anniversary 1,000 Posts Combo Breaker
    edited 15 January 2017 at 2:55PM
    media.wix.com.pdf

    that is an article from the link above showing the problems with this engine, if you look at the article it shows 107K on original turbo 937 miles on replacement turbo and 350 miles on third replacement turbo

    this is why your garage wont replace the turbo as they would be replacing a faulty part but not fixing the problem
  • Car_54 wrote: »
    Hardly. S75 covers only misrepresentation and breach of contract. I haven't seen any evidence of either so far.

    If an item is of unsatisfactory quality or not fit for purpose, this is the breach of contract the CCR states that all goods supplied to consumers must be of a reasonable standard and durable.
    Under S75, if the retailer is liable for providing a resolution then the credit supplier is equally liable and because of this, you do not even have to let the retailer know of a fault and you can ask the credit company to sort it out.

    http://www.financial-ombudsman.org.uk/publications/technical_notes/goods-and-services-bought-with-credit.html
    You have to take the supplier to court before you can claim against the lender under section 75.

    No. The consumer does not have to take the supplier to court before making a claim against the lender under section 75. In most of the cases we see, the consumer will have complained initially to the supplier - because this is usually the quickest way to get things put right. But the law does not require the consumer to pursue the supplier first, for section 75 to apply.
  • Mercdriver
    Mercdriver Posts: 3,898 Forumite
    Fifth Anniversary 1,000 Posts Name Dropper
    If an item is of unsatisfactory quality or not fit for purpose, this is the breach of contract the CCR states that all goods supplied to consumers must be of a reasonable standard and durable.
    Under S75, if the retailer is liable for providing a resolution then the credit supplier is equally liable and because of this, you do not even have to let the retailer know of a fault and you can ask the credit company to sort it out.

    http://www.financial-ombudsman.org.uk/publications/technical_notes/goods-and-services-bought-with-credit.html

    This is correct, but the OP might get quicker service from the CC when he has exhausted the avenues with the dealer.
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