Section 75 question

JoelyF

I have a query regarding section 75

In Dec 16 my girlfriend and I purchased a Car, I paid £1K on my credit card for the deposit, the car came with an 18 month warranty supplied by a 3rd party warranty company.

Just recently the car developed a problem, we attempted to claim with the warranty company but found they have gone into administration.

I’d like to make a claim on my credit card company using section 75. My question is, can I claim for the cost to repair the car (best of £1500), or just the value of the warranty that was sold to us?

Many thanks

bengalknights

To clarify you paid for the car or the warranty on the card?

If its the car then the CC company may reject it unless you can prove that the warranty was part of the purchase with the vehicle.

JoelyF

I have the receipt that shows the car and warranty were purchased together

eddddy

Assuming the warranty purchase is covered by section 75, then you can claim for consequential losses (resulting from a breach of contract).

The £1500 is a consequential loss.

You would need specialist reports etc, to confirm that the £1500 of repairs should have been covered by the warranty.

But, depending on the paperwork, I guess there may be arguments about whether the £1k was a deposit for the car only (in which case s75 probably won't apply), or a deposit for the car and warranty (in which case s75 should apply).

JoelyF

thank you kindly for the replies

bigadaj

JoelyF wrote: »

thank you kindly for the replies

A difficult might also be that many warranties aren't very comprehensive, have many exclusions and the issue might also be considered wear and tear.

Excluding that it might be very straightforward.