Paid deposit on faulty goods

pausterfield

I purchased a car in May 2019 for £2000 [£250 deposit] the balance £1750 was paid with my credit card as I knew about section 75. Plus I wanted to get the air miles. The car turned out to be a problem and the dealer was a nightmare to deal with. Eventually I contacted the card company, who did in fact refund the amount paid by the card [£1750]

However, as the card company are equally liable, should I have also been refunded the deposit as well?

Another problem I now have is that the dealer sent me a text jJune 2020, just over a year after the purchase date asking for the car to be returned as he has since had to repay the card company £1750, his aurgument being I haven't paid for the car!  I told him I would give him the car providing he refunds my deposit Plus repays me £900 paid out by myself to get the car totally road worthy, all repairs done should normally have been carried out with-in his warranty period.

To date he hasn't replied, problem being I don't actually know if he has a legal right to getting the car back.

bigadaj

Number of questions there.
The cc company are liable for the total costs so they should have refunded your deposit as well. However if the dealer has had to repay then it sounds like a chargeback rather than a section 75, though the timescales don't seem right, depends on when the exact dates were. If you've been refunded then you would expect to return the goods; in relation to the repairs did you give him the opportunity to undertake repairs as that would normally be a requirement to solve the problem initially. It may well  be that some faults could be considered wear and tear on what is likely to have been an older car and may not be included in any warranty.

[Deleted User]

You don't get to keep the car and the money.