Section 75 Refund Who Owns Goods

chrisedward

I recently purchased a used car from a dealer which on day 2 of owning broke down and has cost me £2,000 to repair. I’m looking at going down the section 75 route as purchased using my credit card. My question is - if successful and I get a refund of the purchase price and/or repair costs who actually owns the car legally, especially if full refund given?

km1500

You are the legal owner of goods bought using a credit card.

powerful_Rogue

chrisedward said:

I recently purchased a used car from a dealer which on day 2 of owning broke down and has cost me £2,000 to repair. I’m looking at going down the section 75 route as purchased using my credit card. My question is - if successful and I get a refund of the purchase price and/or repair costs who actually owns the car legally, especially if full refund given?

The credit card company.

chrisedward

Hmm, two very different answers…my instinct is that the credit card company owns the car in my scenario, but I will check before proceeding with the claim. 

TadleyBaggie

I thought it was the credit card company too for S75. For a chargeback it would be the retailer.

unforeseen

It sounds like after spending £2000 repairing the car you want the cost of the car back AND to keep it. 
Otherwise why do a S75 claim AFTER spending £2000 repairing it?

Did you give the seller a chance to repair it? 

paul_c123

chrisedward said:

I recently purchased a used car from a dealer which on day 2 of owning broke down and has cost me £2,000 to repair. I’m looking at going down the section 75 route as purchased using my credit card. My question is - if successful and I get a refund of the purchase price and/or repair costs who actually owns the car legally, especially if full refund given?

You kinda jumped the gun there. If the dealer give a full refund for the car itself, they are under no obligation to also pay you the £2000 you spent on "repairing" it.

And....it begs the question....if you spent £2000 repairing it, is it now repaired or not? If it is, why are you talking about getting a refund of the purchase? If its not, then your claim for THAT £2000 (off the repairer, not the dealer, since the repairer, didn't fix it) is vastly complicated by the fact it might be going back to the dealer.

Put simply - you cannot benefit from a dispute/chargeback/S75.

born_again

chrisedward said:

I recently purchased a used car from a dealer which on day 2 of owning broke down and has cost me £2,000 to repair. I’m looking at going down the section 75 route as purchased using my credit card. My question is - if successful and I get a refund of the purchase price and/or repair costs who actually owns the car legally, especially if full refund given?

Aside from the question. Which would be best answered by your CC, as they all work in different ways. You may also find they may not do a S75 in this case.

Why have you paid to repair the car after 2 days.. Which could lead to CC saying that due to your action in not giving dealer time or a chance to sort it out, that there is no breech of contract. So your claim is declined.

redux

I agree with the others. You should have discussed this with the dealer first, for them to either repair it or ask you to find a repairer and they settle with you, or if not agreed the car goes back for a refund.

I can't see how you can expect to get a refund of purchase and/or repair, as you put it, and keep the car as well.

For comparison, I bought a car about 3 years ago for nearly £3500. After a few days of noticing burbling noises in the dashboard I contacted the dealer. He said take it to a marque specialist but not a main dealer and get a quote. 

It transpired that the heater matrix was blocked and needed replacement. I had a quote for about £500. The dealer said he could get his local garage to do it cheaper, and made a smaller offer, about £350. I considered the cost of travelling back there, delays etc, official manufacturer parts versus other suppliers, and asked him to improve his offer. On the 3rd or 4th attempt I got him up to £450 and accepted, and the money was in my bank account within a few minutes.

From where you are now, discuss it with the dealer before the credit card firm. And be ready to do a bit of haggling and have to accept not quite the full £2000, on the basis they could have arranged it at less cost to them. 

Then if those negotiations get completely stalled, that's when you talk to the credit card firm

km1500

if you buy anything with cash or on credit then title of the goods passes to you when you buy them

all that section 75 says is that if you have a financial loss because of this transaction then the credit card company is jointly liable with the supplier for putting it right. This means that you can go after the credit card company or the supplier or both

There is no requirement for to title transfer back to anyone

powerful_Rogue

km1500 said:

if you buy anything with cash or on credit then title of the goods passes to you when you buy them

all that section 75 says is that if you have a financial loss because of this transaction then the credit card company is jointly liable with the supplier for putting it right. This means that you can go after the credit card company or the supplier or both

There is no requirement for to title transfer back to anyone

Of course there is. If the original company were to give a refund, they would expect the goods back. Same applies to the credit card company. As you say, they are jointly liable so when the refund, the goods belong to them.