Used car faulty section 75 query

B16mts

Hi, I've tried searching but can't quite find the info I'm after.

I bought a car, paid the deposit on credit card to get the extra protection.

2 week's into ownership the car breaks down, alternator is goosed.

I've contacted the garage, but they won't respond to messages left, messages on their website, Facebook, 2 emails. Upon further investigation I'm not the only dissatisfied customer of theirs who is ignored once they've paid!

So I called Tesco credi card company to raise a section 75 with them. Sent all details, receipt, copies of all correspondence I've sent etc.

So right now I have a dead car on my driveway, I would ideally like it fixed so I can keep it, but will return for a full refund and find another if I have to.

How long might this take? What do I do in the meantime. I can't be careless for more than a week or so, so what do I do?

Do I get it fixed then claim the funds back?
Rent a car and try and claim that cost back?
Become a hermit until it's all resolved?

Thanks,

Martin

unholyangel

Was this a used car? If so, its likely going to come down to how old the car was, how many miles etc.

If it was a new car then of course an alternator shouldn't fail within 2 weeks.

B16mts

It's used, and apparently full service history. I should certainly have the right to reject it as not fit for purpose

KeithP

B16mts wrote: »

It's used, and apparently full service history. I should certainly have the right to reject it as not fit for purpose

That's right, you do have that right.

All you need to do is prove on the balance of probabilities that the fault existed at the time of the sale.

Also note that any refund can be reduced to take account of the use you have had.
You haven't said what mileage you have done in those two weeks so it's not possible to say how much that refund might be reduced by.

B16mts

I did less than 200 miles.

KeithP

B16mts wrote: »

I did less than 200 miles.

OK, then there shouldn't be much of a refund deduction, if any.

Just work towards providing that proof.

B16mts

But my main question was, how long might all this take? And what do I do in the meantime?

powerful_Rogue

B16mts wrote: »

But my main question was, how long might all this take? And what do I do in the meantime?

I had a simple case that took about 2 months to be resolved.

B16mts

!!!!!!. So in the meantime basically I'm without a car?!

That's useless. Should I pursue the small claims route instead perhaps?

LilElvis

You have to send a LBA before filing a claim and that usually gives them 14 days to respond - therefore small claim isn't going to be any quicker and is going to be your back up should section 75 fail.

KeithP

I would say continue with you S75 claim.
One reason being that it costs nothing.
Even if it doesn't produce the answer you want, you can still seek a review from the financial ombudsman service - which also costs you nothing.

Once you start court action, the FOS will not get involved.