To section 75 or not, that is the question

DCmusicman

Bought a used people carrier. Very pleased with it but the aircon is broken, and after suffering a previous one with no aircon I don't want another mobile greenhouse. Dealer told me to get a quote which I did.... Not cheap as my garage won't patch a leaking main pipe which goes from front to rear as they say it'll just leak again. This is a main dealer part. Sent quote to dealer and then messaged 2 days later to find out what to do. They said they are in isolation due to the virus and will "find a solution when they are back" . Their reviews are excellent and it was a good deal but I am convened that this virus could drag on past where we've had the car 6nmonths. So far it's been just under a month. Am either going to have to wait on them, or wod it be best to go after the credit card company.... I bought it outright on a credit card for this protection. Thoughts? And how would going this route affect the dealer? 

dogshome

Either WRITE to the supplier reporting the problem and the contact history so far - This fixes the under-30-days date of the problem which allows you to reject the car at a later  date

OR

Deliver the car back to the garage with all it's documentation and a letter of rejection, pronto

It is possible that in a small garage that all the staff have gone down with Corona, but just to check have a mate phone them and ask if they can do a service within the next 72 hours

DCmusicman

Thanks, problem is I bought it a 2 hour drive away and they appear to be shut. Not sure that the journey would be classed as essential travel! The letter is a good idea so I am protected but I am thinking about going to the card company. Its actually a very good car, just that I want this problem fixed. 

born_again

Question is just what do you expect the card company to do?
They are not a garage and can not fix the fault.

I would also add that as someone in this field, that it will take as long or even longer for the card company to look at it as it will the garage. Phone lines are very busy, we are short of staff to do even the basic work. So things like CCA that require specialist staff to work, are not top priority. If there are any of them in to work them.

DCmusicman

My garage are more than willing to sort it out for me. I do appreciate that this is not a pleasant time for people, but I am simply after some way of ensuring it is fixed after the virus threat has gone. Section 75 was simply a way of ensuring that if the dealer will not fix it I have financial compensation to get my local garage to do it. I am also aware of the passage of time and that after 6 months its really hard to prove a fault was present or developing before I bought it. The dealer has also mentioned the warrenty but reading Honest John this is fraud as the dealer {or credit card company} are liable due to a pre existing fault. Any suggestions? I don't want to be faced with an £800 bill in July. 

AdrianC

DCmusicman said:

Thanks, problem is I bought it a 2 hour drive away...

And the issues surrounding getting faults repaired is one of the things you need to take into account when deciding to buy a used vehicle from a distance.

As far as "essential travel" goes, it doesn't matter whether they're the other side of town or the other side of the country. It simply isn't.

So long as the fault is notified as soon as you're aware, the clock stops for CRA rights.

born_again

DCmusicman said:

My garage are more than willing to sort it out for me. I do appreciate that this is not a pleasant time for people, but I am simply after some way of ensuring it is fixed after the virus threat has gone. Section 75 was simply a way of ensuring that if the dealer will not fix it I have financial compensation to get my local garage to do it. I am also aware of the passage of time and that after 6 months its really hard to prove a fault was present or developing before I bought it. The dealer has also mentioned the warrenty but reading Honest John this is fraud as the dealer {or credit card company} are liable due to a pre existing fault. Any suggestions? I don't want to be faced with an £800 bill in July. 

S75 will not pay you to get your local garage to fix the car.
It covers breech of contract or misrepresentation.

Perhaps you need to explain a bit more.
When did you buy the car?
Did you buy the car with working or broken air con?
Was it advertised with working Air Con? Or were you aware it was not working when you picked it up?
Why not ask the warranty company if you can take it to your local garage to fix, if it is covered. Not sure where fraud comes in as it is exactly what a warranty is for and given the current situation may be the best way to get a quick fix.
You have already raised the issue with the garage.

DCmusicman

I bought it advertised in excellent condition with full service history. I made it clear that I needed working aircon as its a huge people carrier.... I was told everything worked, but as it was cold, storm Dennis time, I couldn't be certain. I suspect it was gassed up to work for a few days.... First warm day I checked it and it was not working. If I knew it was broken I wouldnt have bought it. It was the end of Feb I bought it, the 23rd. But I have emails and texts showing I raised this within 2 weeks of purchase. Honest John told me that a warrenty doesn't cover any fault that was present, only something that subsequently develops. I have used section 75 once before, for a very sick picasso I bought which the garage point blank refused to fix. Credit card paid for it, and took it away. That wss 5 years ago. However they did offer to fix it {until they realised how bad it was}. 

If the credit card company are jointly liable doesn't that mean they should also cover fixing it if the dealer starts being evasive? 

born_again

Is the dealer being evasive?
I would check your Warranty T/C & not rely on what a website says.

DCmusicman

Warrenty max claim is £500 and aircon pipes are not covered... Not worth it really. Will see if the garage come through.... 

DCmusicman

Ok, update. Dealer not replying to text, email or phone. When I called and said who it was they put the phone down on me. Still no aircon.

Last week I gave it a drive. Parked on a hill I've used with my other car, handbrake on,nin gear and off it went down the hill. Took it to my garage. Handbrake not working on one wheel. No rear brakes as pads are on metal. They said no way would it pass an mot and the pads can't suddenly wear out in 2500 miles. They said its had no PDi at all. 

Have sent in section 75 request to barclaycard but they are busy. Have sent recorded post letter to dealer telling them I want it fixed as they agreed to.

Do I stick with section 75?
Can I get it fixed, keep the worn parts and still claim?
Not expecting a reply from the dealer and I am not pleased the brakes are so bad.