Section 75

ash5896

We recently purchased a car and I paid the deposit on a Santander credit card. The car went in for a service and needed some repairs which came to a cost of £1290. The garage we purchased the car from said they will only pay £1000 back as their warranty only pays that as the maximum on any warranty claim. So I decided to put it through to Santander to claim the remaining £290 however they are declining it saying I need to go through the motor ombudsman which I’ve never heard off and also that the invoice in my wife’s name. Are they right or can I escalate this further? 

born_again

How long from purchasing car & service?
Did you give the dealer chance to fix the repairs before the 3rd party to fixed them?
Were the repairs due to wear & tear, such as Brakes etc?


If you bought the car & is registered & used solely by your wife. It could be considered that it out of the scope of S75

ash5896

The car was taken in for a service within a week of purchasing for my leave of mind and the delayed agreed to only pay £1000 as that is the maximum for their warranty claims. This was nothing due to wear and tear it was an A/C condenser, shock absorber and handbrake cable. The car is mine and I am the driver but due to being disabled and not being able to drive she is the registered keeper as she she is my main carer.

Grumpy_chap

ash5896 said:

We recently purchased a car and I paid the deposit on a Santander credit card. The car went in for a service and needed some repairs which came to a cost of £1290. The garage we purchased the car from said they will only pay £1000 back as their warranty only pays that as the maximum on any warranty claim. So I decided to put it through to Santander to claim the remaining £290 however they are declining it saying I need to go through the motor ombudsman which I’ve never heard off and also that the invoice in my wife’s name. Are they right or can I escalate this further? 

You have probably done quite well recovering the $1k, especially if the total included the service cost.
How old was the car?
What mileage?
What condition?
How long (time and mileage) between the purchase and the work done?
What was the work done?

bris

Its all down to age and mileage, when you buy a used car fair wear and tear comes with it.

Getting a grand back is a good result.

Wear and tear is when a car naturally declines due to age and use. With near on £1300 worth of work I will assume the car is getting on a bit now

What you should have done is rejected the car instead of getting the work done

You could have used the 30 days right to reject for the faults found but you chose to go ahead and have it repaired.

You don't have a good case here and the CC co know it that's why its been rejected.

born_again

ash5896 said:

The car was taken in for a service within a week of purchasing for my leave of mind and the delayed agreed to only pay £1000 as that is the maximum for their warranty claims. This was nothing due to wear and tear it was an A/C condenser, shock absorber and handbrake cable. The car is mine and I am the driver but due to being disabled and not being able to drive she is the registered keeper as she she is my main carer.

Thanks.

But what about the actual service charge, which would not be included in the warranty. So £290 would cover that. In many ways you are lucky that the seller is covering the £1000, as they only have the garage doing the work word that these were issues. Many would say. You should have let them do the work.

Does not make sense.
If you are the driver, why car not in your name?

MalMonroe

ash5896 said:

We recently purchased a car and I paid the deposit on a Santander credit card. The car went in for a service and needed some repairs which came to a cost of £1290. The garage we purchased the car from said they will only pay £1000 back as their warranty only pays that as the maximum on any warranty claim. So I decided to put it through to Santander to claim the remaining £290 however they are declining it saying I need to go through the motor ombudsman which I’ve never heard off and also that the invoice in my wife’s name. Are they right or can I escalate this further? 

Hi, this is the motor ombudsman's website - https://www.themotorombudsman.org/

With a used car, you have every right to return it as 'not fit for purpose' if it fails. Consumers can expect goods to last 'a reasonable time' and be fit for purpose and that includes vehicles.

I agree with what bris says, above, that you should have rejected the car before any work was done. That's your right. And the Consumer Rights Act 2015 overrides any company's warranties.

However, what I would do now is contact the motor ombudsman, as Santander have suggested. They will be able to tell you what's what. 

All the best, hope you get the rest of your money back. And that your car is roadworthy now. 

ash5896

Thank you for the advice guys, just to answer some of the questions the car cost 12K and is a 2016 model and has the standard 6 month warranty and the max the warranty claim is £1K which they have paid, the faults were leaking shocks, air con condenser damaged and handbrake cables frayed and cracked. 

The work was down within a week as we had the car serviced at the main  dealer and the faults were picked up during the safety checks. 

I do appreciate they paid the £1K but just feel it’s a bit unfair these adults were not picked up when they did their own safety check and were all ticked off as being ok when we picked the car up. In response to the question why the car isn’t in my name it’s because like I said my wife deals with all that due to my health issues and it’s easier for her to keep on top of things as I spend a lot of time in and out of hospital 

ash5896

MalMonroe said:

ash5896 said:

We recently purchased a car and I paid the deposit on a Santander credit card. The car went in for a service and needed some repairs which came to a cost of £1290. The garage we purchased the car from said they will only pay £1000 back as their warranty only pays that as the maximum on any warranty claim. So I decided to put it through to Santander to claim the remaining £290 however they are declining it saying I need to go through the motor ombudsman which I’ve never heard off and also that the invoice in my wife’s name. Are they right or can I escalate this further? 

Hi, this is the motor ombudsman's website - https://www.themotorombudsman.org/

With a used car, you have every right to return it as 'not fit for purpose' if it fails. Consumers can expect goods to last 'a reasonable time' and be fit for purpose and that includes vehicles.

I agree with what bris says, above, that you should have rejected the car before any work was done. That's your right. And the Consumer Rights Act 2015 overrides any company's warranties.

However, what I would do now is contact the motor ombudsman, as Santander have suggested. They will be able to tell you what's what. 

All the best, hope you get the rest of your money back. And that your car is roadworthy now. 

Thanks for the link to the motor ombudsman just done a quick check for the garage they’re not signed up to the motor ombudsman so am a bit surprised as they are a franchised main dealer. I appreciate we could’ve rejected the car but at the same time I thought a sits under warranty it should be ok however they did not supply any paperwork showing what the warranty covers or any limits they just said this verbally when I told them about the work needed. I did say to them that I’m not happy but will get the work done as obviously having leaking shocks and a frayed handbrake cable are something that would need sorting ASAP. 

DullGreyGuy

ash5896 said:
the invoice in my wife’s name. 

Who is the account holder for the Credit Card?

If its you then they have declined the S75 because you are not the buyer of the car, legally, the comments on the Motor Ombudsman is a helpful alternative suggestion not a reason for the decline.

For S75 to apply there needs to be a three way relationship between the Debtor (the account holder), the merchant (the dealership) and the creditor (the card issuer). If a fourth party is introduced, like another party being the buyer or a payment transfer company like PayPal then S75 doesn't apply