Section 75 query

gwowders

Hi all,

I'm looking to use the collective wisdom of the group to help my wife and I out of a spot of bother with our car..

A little over two years ago we bought a used car from a local dealer and all seemed well.

We paid a deposit on my credit card (just over £1,000) and the rest was paid for with finance arranged through the garage.

Unfortunately, after breaking down on the A23 (sorry if you were stuck in that jam last weekend) we're looking at a broken crank and potentially a written off car.

We have also got a year left on the finance so are in a spot of bother.

After doing some digging my wife has come across the Section 75 clause in the consumer credit agreement and wonders if there is anything that we can leverage with the card company to help us out a little?

I am concerned that, because this happened over two years ago, it's too late and the clause doesn't apply but I don't know for sure, hence my plea for help on here!

Any and all guidance welcome!

Thanks,

Ben

[Deleted User]

Section 75 gives you the same rights with the lender as with the retailer.

I'm not sure that a breakdown on a second hand car 2 years after purchase would be covered by the the retailer...

IAmWales

Are you suggesting the two year old used car was inherently faulty? What is the problem, and which car is it, price paid, mileage etc?

gwowders

Deleted_User wrote: »

Section 75 gives you the same rights with the lender as with the retailer.

I'm not sure that a breakdown on a second hand car 2 years after purchase would be covered by the the retailer...

Good to know, thanks.

The retailer doesn't really care, hence our trying to get a few quid back from the lender(s)...

gwowders

IAmWales wrote: »

Are you suggesting the two year old used car was inherently faulty? What is the problem, and which car is it, price paid, mileage etc?

Thats part of the problem, we can't be sure.

My gut says that it wasn't - we hadn't had a problem with the car until this point but, seeing as the bit that broke was inside the engine, we'd never have known I guess...

The best guess of the mechanics is that a bearing on the crank shaft has gone somewhere causing the crank to seize inside the engine. They've spent a couple of hours investigating but, short of authorising more time on the problem, that's all that they know.

They are currently trying to source and price a refurb engine.

The car is a Citroen C4 Grand Picasso with 61K on the clock on a 59 plate. We paid £6.5K for it.

McKneff

I dont think you have any chance to be honest, not this far down the line.

gwowders

McKneff wrote: »

I dont think you have any chance to be honest, not this far down the line.

I am a little concerned that we're clutching at straws but what do you think doesn't give us a chance?

jonesMUFCforever

gwowders wrote: »

I am a little concerned that we're clutching at straws but what do you think doesn't give us a chance?

Perhaps the fact that you cannot prove that the fault was in the car as at date of purchase or that the car seemed to run fine for 2 years?

[Deleted User]

You really do have no chance.

gwowders

jonesMUFCforever wrote: »

Perhaps the fact that you cannot prove that the fault was in the car as at date of purchase or that the car seemed to run fine for 2 years?

Possibly a daft question then but is it our responsibility to prove that it was there or the lender's / retailers responsibility to prove that it wasn't?

[Deleted User]

Yours to prove it was as you're making the assertion that it was.