am i covered under section 75a with car finance

thall1985

i purchased a car from mercedes 18 months ago that is still under warranty. 10 months ago i started to have issues with how the car was performing and often found that the car was loosing power to the point where it actually cut out on me. i have found this tends to happen after the car has been driven for long periods of time and the car would feel sluggish and heavy. the car has been back to the garage twice with the second time a new part fitted to allow more air to flow through and potentially sort the problem. it has not sorted the problem and it is now booked in for a third inspection, however i am getting concerned this problem is not going to get sorted and i have now been driving around reluctantly in a 40k car that i have lost confidence in for almost a year.. also the electronic system seems to be faulty and the boot does not always open with the key fob and with pressing the boot button. if the issue does not get sorted can i rightfully send the car back under section 75a?

macman

Very unlikely that the finance company will want to get involved with a case where the product is faulty or allegedly faulty, rather than a simple situation where the product has not been delivered or the service rendered. That leaves them with the bill and having to argue the case with the dealer.
If the issue arose and was reported within 6m of purchase then you may have had a better claim under CRA2015, as the fault is presumed to have pre-existed, but it looks like you were a couple of months too late for this?

Car_54

Section 75A (Consumer Credit Act?) has nothing whatever to do with your right to return faulty goods.
Those are covered by the Consumer Rights Act 2015, but I don't think they apply after you've been using the car for 18 months. Others are more expert and may disagree!

neilmcl

Car_54 said:

Section 75A (Consumer Credit Act?) has nothing whatever to do with your right to return faulty goods.
Those are covered by the Consumer Rights Act 2015, but I don't think they apply after you've been using the car for 18 months. Others are more expert and may disagree!

I disagree with your premise that they wouldn't be liable. Yes, you're correct that the CRA allows the buyer to seek a remedy for a breach of contract but S75 of the CCA enables the finance provider to be equally and severally liable for this breach.

It goes without saying the the onus is on the OP to prove that such a fault exists and it is inherent to manufacture.

So to clarify @thall1985 if you want to exercise your statutory rights then you would use the Consumer Rights Act against the dealer but the finance company may also be liable via a section 75 claim.

Car_54

neilmcl said:

Car_54 said:

Section 75A (Consumer Credit Act?) has nothing whatever to do with your right to return faulty goods.
Those are covered by the Consumer Rights Act 2015, but I don't think they apply after you've been using the car for 18 months. Others are more expert and may disagree!

I disagree with your premise that they wouldn't be liable. Yes, you're correct that the CRA allows the buyer to seek a remedy for a breach of contract but S75 of the CCA enables the finance provider to be equally and severally liable for this breach.

It goes without saying the the onus is on the OP to prove that such a fault exists and it is inherent to manufacture.

So to clarify @thall1985 if you want to exercise your statutory rights then you would use the Consumer Rights Act against the dealer but the finance company may also be liable via a section 75 claim.

I didn't say the finance company wouldn't be liable. I was addressing the OP's question about "sending the car back".

Sandtree

thall1985 said:

 i have now been driving around reluctantly in a 40k car that i have lost confidence in for almost a year.. also the electronic system seems to be faulty and the boot does not always open with the key fob and with pressing the boot button. if the issue does not get sorted can i rightfully send the car back under section 75a?

No, Section 75 of CCA only covers goods up to £30,000 so you are above the limit.

born_again

Sandtree said:

thall1985 said:

 i have now been driving around reluctantly in a 40k car that i have lost confidence in for almost a year.. also the electronic system seems to be faulty and the boot does not always open with the key fob and with pressing the boot button. if the issue does not get sorted can i rightfully send the car back under section 75a?

No, Section 75 of CCA only covers goods up to £30,000 so you are above the limit.

Opp
While you are right about S 75 of the CCA.
There is also S 75A (note OP used this phrase)
Which covers linked finance such as a direct finance to purchase a car (not via a credit card)
It is something many people are unaware of, and I'm sure credit finance co's are more than happy with that

shane2k

this is why you shouldn't buy a merc they very unreliable lol