Used Car Section 75 Claim

lpjr86

Hi everybody,

I'm wondering whether it would be appropriate to try to make a section 75 claim and would appreciate advise. I will try to be as brief as possible.

I bought a car for my girlfriend June 2018. It was purchased from a used "RAC approved" dealer who I won't name just at this point. We paid £2800 for it. I paid the first £300 of that on my Mastercard (as I had read about Section 75 protection). The car is a 2007 Mazda 2.

When we bought there were a few marks on the bumper and various age related marks but in general it seemed to be in very good condition.

Fast forward 13 months, I noticed that one of the headlights was "coming loose" creating a big panel gap. I took the car to a garage to look at it, and they discovered that the car has had a front end impact and has been poorly repaired (and pretty sneakily). The bumper had been replaced with a new part, but had been held on with cable ties as the parts it should attach to were out of position. Both headlights were very loosely held in. On removing the dumper it was discovered that the front impact bar was bent back a good few inches (damaging the radiator), with a hairline fracture on the point of the impact. As far as I am aware the front impact bar should be replaced for safety reasons if it has ever been deformed. To me, this means we were sold a car that wasn't fit for sale - it should either have been written off, or properly repaired.

The repairs in total look like they're going to cost about £500-900. I went to the dealer, but the person I met there informed me that the company that I bought the car from had now liquidated, and that he had bought the name and premises to start a new business. I tried to cross check this online, and did indeed find something on Companies House stating the company has liquified and have emailed Companies House to try to confirm.

So, can I make a Section 75 claim for this?
Many thanks for any advice given

[Deleted User]

You can certainly try, although it won't be easy.

You'll need to provide proof that the car was not as described, not just poorer quality than you had hoped.

Terry_Towelling

In general, if you believe a seller is in breach of contract or has misrepresented something, you may find you have the potential to claim via S75 from your credit card issuer.

You will be asked to do certain things as part of your claim - such as get an independent report into the condition of the vehicle. You will also have to demonstrate any breach of contract or misrepresentation. On top of that, it would be helpful to your case if you could actually prove that the damage (and 'repairs') occurred before you took ownership. In doing this you prevent anyone from saying, you damaged the car and botched the repairs yourself and are now trying to pull a fast one.

Talk to your card issuer and ask what they will expect from you.

jonesMUFCforever

OP states he bought car for girlfriend - won't this make a difference to any claim?

Terry_Towelling

jonesMUFCforever wrote: »

OP states he bought car for girlfriend - won't this make a difference to any claim?

Potentially, yes. Most card companies will not accept claims where the item was a gift and the 'debtor' is not a primary beneficiary of the purchase (although this last factor is moot).

So, the question is, who is the legal owner of the vehicle - OP or girlfriend? The name on the V5 reg doc isn't necessarily the legal owner.

lpjr86

Thanks all, didn't expect to see any replies so soon!

@jonesMUFCforever @Terry Towling I think this should be fine as I bought the car, and it's my name on the V5. She also would attest that it's mine.

On top of that, it would be helpful to your case if you could actually prove that the damage (and 'repairs') occurred before you took ownership.

^ this is a tricky one - only thing I can think of for this is that the front impact bar is rusty which might mean I could get a mechanic/expert to confirm that this couldn't have happened recently, other than that I can't think of another way :think: not sure

YorkshireBoy

So your name is on the sales invoice?

And she insures it saying she is not the registered keeper?

lpjr86

You'll need to provide proof that the car was not as described, not just poorer quality than you had hoped.

I think I could do this as I could prove the repairs are sub par/unsafe, and also possibly prove that they were "RAC approved" dealers, and that one of the benefits of that is that it should assure "That the car is safe to buy (both mechanically and in terms of history)" - from RAC website

lpjr86

@YorkshireBoy yep my name on all the invoices. I am the first driver on insurance. She's a named driver (I ended up driving it more than her)

lpjr86

Another question: Do I need to wait to do the repairs until the credit card company (if claim is successful) comes back to me? Or can I get the repairs done and claim the repair costs back later (I'm presuming a successful claim would only the cover the repairs and wouldn't be a full refund or anything extreme like that). I'd like to get it back on the road asap as paying for insurance and tax etc.

phillw

It might be worth checking if the car had ever been written off. I don't know if you can get that for free.