"Final right to reject" car bought nearly 3 months ago

mikrt

I bought on 13th December 2016 a £5,035 car off ebay "buy it now" (Not classified) from a trader who buys & sells cars.

I paid a £100 deposit via Paypal which was directly off my Barclaycard credit card.

The day after buying it developed a fault where an error message would state antilock needs service and I contacted him. He convinced me that this car had actually been his family car and had never shown this issue before.

Unfortunately, on a fortnightly basis, this error and 2 others, more serious come up "brake fault - pull over" Which means the car won't drive for about 5 minutes it takes for the error to clear on it's own, and an immobiliser error which I can't remember exactly, but the car won't start with this either.

Now this car was bought for my wife and now she's refusing to drive it as she doesn't want to get stranded anywhere, so now it's mine and I'm not keen on driving it either!

I haven't contacted him since the initial problem.

My question is, now it's over 30 days, I believe I'm in the "Final right to reject" territory, who should I contact first? The trader who I'm afraid will just fob me off, or Barclaycard. And, under the "Final right to reject" should I continue driving the car?

Thanks.

molerat

The s75 link with Barclaycard is broken as you used an intermediary, Paypal, so that route is not open to you. You need to give him the opportunity to fix the car, you have not really done that yet, before you can go any further. Was it his family car, was his name and address on the log book, irrelevant anyway as he was selling it as a trader.

bengalknights

You will either have to get them to rectify issue or dispute with paypal, unfortunatly S75 doesnt apply when intermediary are used

mikrt

I know this is stated a lot.

But I've claimed using section 75 a few times using paypal.

My understanding is that if the payment is 100% from the credit card (and not using any paypal balance) then it is covered.

I have just googled now and there is conflicting statements. But I've used it before.

But even if not available, I might use small claims court as it's a lot of money for me to lose. This will be a very last resort though.

stuart30

Please correct me if im wrong..but wouldnt this fall under "Not fit for pupose" and then allows you in the first six months to have the dealer fix at his expense.?

Thought so...

Returning a second-hand car

If you're past the first 30 days but a problem has arisen that you think would have been present at the time of purchase, then you're entitled to ask for a repair or replacement free of charge.

In most cases this will be a repair, as whoever sold the car to you will usually be able to prove that the cost of replacing it would be disproportionate.

During the first six months after purchase it's the responsibility of the seller to prove the fault wasn't there, not for you to prove that it was.

robber2

Id take it to a garage and get it fixed, at least you could then use it while you dispute the transaction with him/ ebay / barclaycard or whoever.

mikrt

Thanks for replies,

Below is from The Consumer Rights Act - (Final right to reject – the first six months) "you have to give the selling dealer one attempt to fix the fault before moving to reject the vehicle. If the repair has not fixed the fault, you can reject the vehicle."

" it is the dealer’s obligation to collect the vehicle under the Act. You cannot be charged for return costs or be forced to return the vehicle yourself"

mikrt

Update,

I have just spoken to Barclaycard and they confirm section 75 applies to this specific item.

mikrt

I realise this is a credit card thread, and now slightly off topic. But does the fact he's insisting it's a private sale of his own car and not a trade deal make any difference?

He's still selling cars on ebay, and I've just noticed the log book has him down as a trader too?

Shakin_Steve

mikrt wrote: »

Update,

I have just spoken to Barclaycard and they confirm section 75 applies to this specific item.

Well...that goes against all the previous advice about S75

mikrt

Just googled again, and found this. Paypal section about 2/3 down.

http://www.which.co.uk/consumer-rights/regulation/section-75-of-the-consumer-credit-act#payments-through-paypal