Section 75 Claim Car fault (expensive)

[Deleted User]

I bought a car at the beginning of 2016 from an independent motor dealership. The same day I collected the car and drove it home, I noticed a loud noise coming from the car like a worn out wheel bearing (whining/whirring).

Long story short, I returned it to the dealer, they sent the faulty car part away for repair and when I got it back the noise was still there (albeit not quite as bad initially). I was unhappy with the repair at the time and argued that I wanted the part replacing with a new one as their repair had failed. After lots of arguing they kept fobbing me off and I gave up trying to pursue it.

The same faulty part it now worse than ever and leaking oil. It needs replacing at a cost of £1,800. I've spoken to the dealer again, arguing that the car was supplied to me with a fault which they failed to repair at the time. They fobbed me off again so I've now put my complaint in writing (Consumer Rights Act, 6 years, not of satisfactory quality, etc).

I even have a report from another main dealer garage dated the same month (shortly after the repair) pointing out the noise and the need to investigate further. I'm hoping that this is enough evidence to suggest their repair had failed to resolve the issue at the time.

I paid a deposit for the car on my Santander credit card and the rest on my debit card and so I've also sent the correspondence to the credit card company to start a section 75 claim as a fallback.

Any advice or shared experiences with s75 claims would be much appreciated.

jonesMUFCforever

So you had ''accepted'' the car for what 18 months?
Your claim will be very difficult to proceed with because you ''gave up pursuing it''

Ask Santander and see what they suggest - they may want an independent report which you will need to pay for (but you will get refunded if you win).

[Deleted User]

Thanks for your reply. Don't think I used the word "accepted" anywhere in my post though. I realise that it's been 18 months but the Consumer Rights Act gives 6 years. I also realise that it's going to be difficult due to the time taken to continue pursuing it.

bris

Accepted doesn't need to be said, you didn't do anything about it for 18months, this is acceptance.


The age and mileage is a big factor in used cars, it may either help or hinder your case depending on the answer.

bigstevex

'Faulty part' I think you'd need to elaborate a little more for those of us who are car savvy. However as has been said, you'll struggle because you didn't carry on the complaint when you got the car back after the first attempted repair, you should have refused it 18 months ago.

[Deleted User]

What exactly is the part that cost £1800? I've bought cars for far less. You say OP that you noticed the noise the day you drove the car home? did you not take it on a test drive before buying it?

[Deleted User]

Part is rear differential. A non-servicable part according to a local transmission specialist and the manufacturer. Should last the life of the car.

Didn't notice it on test drive because my dad was messing with the radio and talking to the sales rep.

And yes I should've rejected the car at the time but didn't realise this was an option at the time.

bris

Aren't you supposed to change the oil on the differential every 2 years?

[Deleted User]

Lifetime oil in this one. Manufacturer says don't change it.

Akahotpot

Tricky one ,you carried on using the car with a deteriorating rear diff I,m sure the seller will say they didn't have the opportunity to sort as you gave up the claim
Any car service notes or mot advisories note this issue ?

eskbanker

wrongmark wrote: »

I even have a report from another main dealer garage dated the same month (shortly after the repair) pointing out the noise and the need to investigate further. I'm hoping that this is enough evidence to suggest their repair had failed to resolve the issue at the time.

I could be wrong but suspect that this would actually count against you rather than for you - it seems plausible to me that the issue will have been exacerbated by continuing to drive the car for a sustained period with the known fault (the noise is presumably caused by some unintended friction?) so your lack of action after getting the main dealer report will probably be painted as contributory.

wrongmark wrote: »

I was unhappy with the repair at the time and argued that I wanted the part replacing with a new one as their repair had failed. After lots of arguing they kept fobbing me off and I gave up trying to pursue it.

Since Santander (like any other card company) aren't automotive experts, they won't reimburse you without (a) getting the other side of the story from the dealer and (b) probably some form of independent assessment. What is the other side of the story, in terms of the dealer's reasons for rejecting your complaint?