Section 75

MummyGreen

Hello

My husband and I purchased our family car 5 months ago from a used car garage. It developed a fault within the first month and it was repaired at their expense. The fault has now returned. I believe that under the Consumer Rights Act we should be entitled to a refund on the car as it is within 6 months and the first fix didn't resolve the issue.

We have informed the garage and asked for a refund or repair. The garage has rejected our request and now is no longer responding to our emails and letters. Having spoken to citizen advice it appears we have the law on our side but to go through ADR or the courts will take months. We cannot be without our car for such a long period, it has already been 3 weeks, so need to get it repaired. It's a costly repair as the automatic gearbox needs repairing at a cost of £3500. 

I paid the deposit of £200 by my credit card and my husband then paid the remainder by his debit card. We both drive the car but he is the registered owner and his name is on the invoice. Would I still be covered by Section 75 of the Credit Consumer Act as my husband paided on his debit card and the invoice is in his name?

Does anybody have experience of a similar situation.

Many Thanks

powerful_Rogue

What was the car, age and mileage? How much did you pay?

Ectophile

powerful_Rogue said:

What was the car, age and mileage? How much did you pay?

It's funny how people here ask that question, but don't ask what the fault is.  They seem to be implying that people who buy older cars have no rights.

powerful_Rogue

Ectophile said:

powerful_Rogue said:

What was the car, age and mileage? How much did you pay?

It's funny how people here ask that question, but don't ask what the fault is.  They seem to be implying that people who buy older cars have no rights.

As the OP said:

MummyGreen said:

 It's a costly repair as the automatic gearbox needs repairing at a cost of £3500.

I didn't say no rights.  However there is a vast difference in a one year old car needing a new gearbox compared to a 10 year old one.

born_again

Sadly OP do not expect a S75 claim to be quick. They take as long as they take which can be months.

You could also face a problem, even though you say you both use the car, that it is in your husbands name & his name is on the invoice.

All you can do is ask you CC. 

MummyGreen

Thank you for repling but I don't wish to give too much information as we still may need to go to ADR or court to resolve this. It was a low mileage and the cost of the repair in relation to the value of the vehicles it is worth repairing. The garage has already accepted the vehicle was not as described at time of purchase and Citizen Advice has referred the case to the local Trading Standards. We just wish for this to be resolved as soon as possible and believe the quickest way maybe through my credit card if we're covered by Section 75.

p00hsticks

MummyGreen said:

I paid the deposit of £200 by my credit card and my husband then paid the remainder by his debit card. We both drive the car but he is the registered owner and his name is on the invoice. Would I still be covered by Section 75 of the Credit Consumer Act as my husband paided on his debit card and the invoice is in his name?

I'm not an expert but I think this moght be a problem - as it;s your credit card but the car was bought by your husband.

sheramber

The difficulty with S75 is it only covers the purchaser for items that are for them personally. As your husband is on the invoice as the purchaser it may not be accepted.

When you buy something for some else S75 does not apply.

MummyGreen

Thank you for your replies, it seems to be a bit of a grey area. I'll try to make a claim through my credit card and hope for the best!

Sandtree

MummyGreen said:

I paid the deposit of £200 by my credit card and my husband then paid the remainder by his debit card. We both drive the car but he is the registered owner and his name is on the invoice. Would I still be covered by Section 75 of the Credit Consumer Act as my husband paided on his debit card and the invoice is in his name?

If the invoice is in his name and you used your credit card then there would be no S75 protection because the Debtor (you) - Creditor (your bank) - Supplier (the car company) chain has been broken by you not being in contract with the supplier.

bris

Sandtree said:

MummyGreen said:

I paid the deposit of £200 by my credit card and my husband then paid the remainder by his debit card. We both drive the car but he is the registered owner and his name is on the invoice. Would I still be covered by Section 75 of the Credit Consumer Act as my husband paided on his debit card and the invoice is in his name?

If the invoice is in his name and you used your credit card then there would be no S75 protection because the Debtor (you) - Creditor (your bank) - Supplier (the car company) chain has been broken by you not being in contract with the supplier.

Not true, the card holder only  needs to benefit from the purchase. As both use the car then the claim is valid.