Section 75 for used car on parent's credit card?

Ectophile

born_again said:

RobM99 said:

Even using the option @RobM99 said is going to fail if it happens after you have bought it off your father. As they no longer own the car, they have no claim against the CC.

..which is why I said "after a while" as in weeks, not 20 minutes!

Well in that case. It's still pointless. As S75 is only really of use after all your consumer rights have gone.

I have no idea what that's supposed to mean. Section 75 is one of your legal rights. You seem to have an agenda to scare people off from making use of this right.

MalMonroe

Hi,

My big question, given that you say you can't use a credit card of your own because "there isn't enough time to get one posted out before the likely purchase" has to be "what is the rush"?  There are thousands of used cars out there. And rushing into any purchase is never recommended. You need to do your research and make sure that you are buying the right car for you. I say this as someone who's been driving for many years (we don't need to go into how many though!) and who has made more than one mistake in the purchasing of vehicles.

If you buy a car that's in a reasonable condition from a reputable dealer, there should be no need to use Section 75 which is, as Ectophile points out above, an important consumer protection right. That's because if things do go wrong and there are any problems, you should return the car without delay in the first instance because you have rights under the Consumer Rights Act 2015 - that's something to do before even attempting a Section 75 claim. See the following link from this site -

https://www.moneysavingexpert.com/reclaim/consumer-rights-refunds-exchange/

As far as Section 75 is concerned, the information in the following link, also from this site, may be helpful -

https://www.moneysavingexpert.com/reclaim/section75-protect-your-purchases/#:~:text=Section 75 means that if,retailer) if something goes wrong.

And from the Financial Ombudsman - https://www.financial-ombudsman.org.uk/consumers/complaints-can-help/credit-borrowing-money/goods-services-bought-credit

Is it possible that your dad could add you as an additional cardholder for the purchase of a car? If so, there's a link here from Which - 

https://www.which.co.uk/consumer-rights/regulation/section-75-of-the-consumer-credit-act-aZCUb9i8Kwfa

and it has a section on additional cardholders that may be of interest to you. 

Although I think you will have more rights under the Consumer Rights Act, for what it's worth, I successfully claimed under Section 75 a few years ago for a car I bought from a small motor mechanic business and which turned out to be a pile of junk. (They refused to refund anything and wouldn't take the car back so I had no option). I not only received a full refund but also compensation. It took several months and the amount wasn't huge - but it was worth it. 

I do hope some of that is helpful - but I really would recommend not rushing into buying any car. 

born_again

Ectophile said:

born_again said:

RobM99 said:

Even using the option @RobM99 said is going to fail if it happens after you have bought it off your father. As they no longer own the car, they have no claim against the CC.

..which is why I said "after a while" as in weeks, not 20 minutes!

Well in that case. It's still pointless. As S75 is only really of use after all your consumer rights have gone.

I have no idea what that's supposed to mean. Section 75 is one of your legal rights. You seem to have an agenda to scare people off from making use of this right.

Not scaring people off. Just making people realise that S75 is not a insurance policy that covers everything.
It only covers breach of contract & misrepresentation.

MarvinDay

born_again said:

Ectophile said:

born_again said:

RobM99 said:

Even using the option @RobM99 said is going to fail if it happens after you have bought it off your father. As they no longer own the car, they have no claim against the CC.

..which is why I said "after a while" as in weeks, not 20 minutes!

Well in that case. It's still pointless. As S75 is only really of use after all your consumer rights have gone.

I have no idea what that's supposed to mean. Section 75 is one of your legal rights. You seem to have an agenda to scare people off from making use of this right.

Not scaring people off. Just making people realise that S75 is not a insurance policy that covers everything.
It only covers breach of contract & misrepresentation.

What else would anyone possibly need it to cover?

Goods not suppled after payment made = breach of contract.
Goods not as described = misrepresentation.
Faulty goods not repaired, replaced or refunded when the CRA requires them to be = breach of contract.
Selling of goods that the trader had no legal right to sell = breach of contract.

So in effect, what you are saying is that S75 will cover all problems that are covered by the Consumer Rights Act.

eskbanker

MalMonroe said:

Is it possible that your dad could add you as an additional cardholder for the purchase of a car? If so, there's a link here from Which - 

https://www.which.co.uk/consumer-rights/regulation/section-75-of-the-consumer-credit-act-aZCUb9i8Kwfa

and it has a section on additional cardholders that may be of interest to you. 

Which? are being selective to the point of deceptive there IMHO - while a family holiday paid for by a secondary cardholder may have s75 coverage if the primary cardholder is one of the party, that's an exceptional scenario and OP being added to the father's card is unlikely to be of any value here, in that the primary cardholder would need to be the purchaser, which can obviously be done without adding a secondary one!

DullGreyGuy

wendel17 said:

Season's greetings and thanks in advance for any replies. 

I'm hoping to buy an approved used car in the next few days from a dealership. Ideally, I would like to benefit from Section 75 protection by making some of the payment on a credit card... but I have never had one, and there isn't enough time to get one posted out before the likely purchase. 

If I pay a nominal amount towards the car on my dad's credit card, would that offer any Section 75 protection? I have read the advice article on MSE that mentions it is a grey area. 

He is helping me buy the car already with some money as a gift. I may add him to my car insurance policy as a named driver, in which case he will "benefit" from the car himself as the main cardholder, even if it is purchased in my name, not his. 

Any thoughts or advice on this, please? Many thanks. 

Apply online, use a smart phone and add the card to Apple/Google Pay and use that to make the minimal payment required... dont need to wait for the physical card to arrive. 

Some card companies are very quick at sending cards out anyway, AmEx generally isnt a recommended choice for a first card but the Mrs applied on the Sunday before Xmas and the card arrived on the Tuesday by DHL. 

It is a grey area but not for the reasons that many seem to claim... there is nothing in S75 about having to have any "benefit" from the purchase just that there must be a three way relationship between the debtor, creditor and supplier. As such if your dad were to buy the car in his name on the invoice and pay with his credit card to the dealership then S75 in principle will apply. 

What becomes more difficult is proving that he has suffered a loss if he then goes on to gift you the vehicle. The Ombudsman however tends to be relatively generous in this field, have a look at the below case for example:

https://www.financial-ombudsman.org.uk/decision/DRN-3382396.pdf