Section 75 Help

itsarichmansworldsv2

Hi All, I bought a car from a Garage in Yorkshire (I live in Glasgow ) The car has developed a major fault the DPF within 30 days. I have tried mediation through the AA dealer promise however this wasn't worth the paper it was written on. The garage have refused to refund even though I am well within my legal rights and the AA made the garage aware of this. 
I started a section 75 with level card as I paid £500 on my credit card and the rest on my debit card total £5800 looking for advice/ experience on how long this will take Level have said 30 days for initial complaint. 

Has anyone done a section 75? How long did you wait etc?

[Deleted User]

It could potentially take months, as you're asking the card company to take responsibility for the sale. They're not mechanics so need to do a lot of work to establish the situation.

All you can do is wait.

k3lvc

So what's the Dealers response ?

They disagree there's an issue ?
They say you've caused the issue ?
They've offered a solution you're not happy with ?

As @Deleted_User says S75 isn't a guarantee of a refund - and certainly not in a case where there's (potentially) an element of subjectivity involved

eskbanker

itsarichmansworldsv2 said:

The garage have refused to refund even though I am well within my legal rights and the AA made the garage aware of this.

Have the AA (or anyone else independent) inspected the vehicle and issued a written report about the presence and significance of the fault?  The card company will require this before taking things any further....

itsarichmansworldsv2

eskbanker said:

itsarichmansworldsv2 said:

The garage have refused to refund even though I am well within my legal rights and the AA made the garage aware of this.

Have the AA (or anyone else independent) inspected the vehicle and issued a written report about the presence and significance of the fault?  The card company will require this before taking things any further....

Yes a local mechanic has, The garage offered to regen the dpf, we had tried this twice costing over £100 didn't work the dpf is faulty. this was sent to Level weeks ago they havent requested there own mechanic etc to come would be happy to show them car as more faults have developed,


So what's the Dealers response ?

They disagree there's an issue ?
They say you've caused the issue ?
They've offered a solution you're not happy with ?

As @Deleted_User says S75 isn't a guarantee of a refund - and certainly not in a case where there's (potentially) an element of subjectivity involved

They arent answering calls/emails now the issue is a faulty DPF which they said to me wasnt a major faulty £2000 says to replace it is. 
They have said I caused the issue to be fair I drove it from leeds to glasgow so if anything that is good for a diesel car. 

they offered to regen now the problem is how do I get them to do that from Glasgow? I have already done it twice at a garage and made no difference, the dpf comes back on almost instantly. 

MalMonroe

Hi, yes you are within your legal rights, as problems such as yours are covered by the Consumer Rights Act 2015. You still have rights if the problem occurs after 30 days.

There's info here - https://www.which.co.uk/consumer-rights/cars

And also from Citizens Advice here - https://www.citizensadvice.org.uk/consumer/buying-or-repairing-a-car/problems-with-a-used-car/

(I have provided the 'England' link because the garage is in Yorkshire.)

There's also some info here from the Motor Ombudsman, with details of how to make a complaint to them, if it comes to that -

https://www.themotorombudsman.org/knowledge-base/what-is-the-consumer-rights-act

As zx81 says, a Section 75 claim could take a while. A few years ago I raised a claim via S75 with a small car dealer as he sold me a load of junk, basically. It took about 13 months to sort out but I did get my money back in the end, plus £250 compensation. In the meantime, though, I had to buy another car. . .  

born_again

Do not expect a quick resolution. There are no timescales on S75 claims. Even if you complain, it will not speed it up.

Things like car's service history can come into play here as well as age & mileage. Garage & CC could look at the fact that someone has messed with the DPF as the cause of the problem.
Guessing a £6K car is going to be around 10 years old?

The fact that you bought the car from a garage 200+ miles away is always a danger, as any consumer rights do require you to take the car to them, unless they are prepared to let you use a local dealer or it was a online purchase & they delivered the car.

itsarichmansworldsv2

Hi 

I thought I would update this for anyone looking for s75 claims 

I was eventually successful recieving a full refund in Nov 22 however my credit card took ages to uplift the car so we had further compensation as it sat on my driveway for weeks.