We'd like to remind Forumites to please avoid political debate on the Forum. This is to keep it a safe and useful space for MoneySaving discussions. Threads that are - or become - political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.

Section 75 eligibility.

Hi. My son is buying a car.  He does not have a credit card. If my husband pays the deposit on our credit card or even all of it on our credit card does this invalidate Section 75 protection? The car will be registered and insured in son’s name at the point of purchase. Thank you. 

Comments

  • Brie
    Brie Posts: 12,821 Ambassador
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    from the Which website.....not quite the same but similar.  So if son was added as an additional card holder it would definitely be covered.  Even if he never actually had a card to use.  (i.e. you/your husband don't give him the card)

    What happens if you have additional cardholders?

    If somebody else such as your partner has a credit card and has added you as an additional cardholder, it's usually best to get the main cardholder to make any big purchases, rather than using the extra card yourself.

    This doesn't mean that purchases made by a secondary card holder will never be covered, but it's best for the primary card holder to make larger purchases if you want to be sure of protection under Section 75.

    I’m a Forum Ambassador and I support the Forum Team on Debt Free Wannabe and Old Style Money Saving boards.  If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.

    "Never retract, never explain, never apologise; get things done and let them howl.”  Nellie McClung
  • As I understand it, Sec 75 gives the CARDHOLDER the benefit of claim therefore it would be your Husband who would make a claim.
  • Mark_d
    Mark_d Posts: 1,724 Forumite
    1,000 Posts First Anniversary Name Dropper
    Agree it's the cardholder who has the benefit of the claim.  However it's a grey area if section 75 would apply where the cardholder is buying something in the name of someone else.
  • born_again
    born_again Posts: 17,386 Forumite
    10,000 Posts Fifth Anniversary Name Dropper
    As I understand it, Sec 75 gives the CARDHOLDER the benefit of claim therefore it would be your Husband who would make a claim.
    But odds on would be rejected as they do not own the car..

    TBH, odds of OP needing S75 is slim.

    Life in the slow lane
  • km1500
    km1500 Posts: 2,694 Forumite
    1,000 Posts Second Anniversary Name Dropper
    Husband could buy and register car in his name. Son uses it.
  • Dobbibill
    Dobbibill Posts: 4,148 Ambassador
    Tenth Anniversary 1,000 Posts Mortgage-free Glee! Name Dropper
    Is there any reason your son doesn't have a credit card? Could they apply for one before the purchase of the car to pay a small deposit on it?
    I’m a Forum Ambassador and I support the Forum Team on the Budgeting & Bank Accounts, Credit Cards, Credit File & Ratings and Energy boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.

    If you can't be the best -
    Just be better than you were yesterday.
  • DullGreyGuy
    DullGreyGuy Posts: 14,790 Forumite
    10,000 Posts Second Anniversary Name Dropper
    There is a case linked to on here many times exactly about a parent buying their child a car using their credit card. 

    The Ombudsman ruled, inline with the law, that as long as the credit card account holder is the legal purchaser of the vehicle it doesn't matter that the child is the registered keeper, that the car is delivered to them etc. 

    Unless there is a reason why they cannot get a basic credit card it would be less hassle for your son to get a credit card account in their own name and avoid the potential argument over if the DCS chain is broken or not. 
  • Nasqueron
    Nasqueron Posts: 10,006 Forumite
    Tenth Anniversary 1,000 Posts Photogenic Name Dropper
    km1500 said:
    Husband could buy and register car in his name. Son uses it.
    Only danger being the husband gets the NIP and letters to RK if son speeds or gets stung by a parking cowboy, not insurmountable of course and CC company would never need to know

    Sam Vimes' Boots Theory of Socioeconomic Unfairness: 

    People are rich because they spend less money. A poor man buys $10 boots that last a season or two before he's walking in wet shoes and has to buy another pair. A rich man buys $50 boots that are made better and give him 10 years of dry feet. The poor man has spent $100 over those 10 years and still has wet feet.

  • etienneg
    etienneg Posts: 519 Forumite
    Part of the Furniture 100 Posts
    The other difficulty with father being the registered keeper would be insurance. When the son buys insurance, the company would likely ask if he is the registered keeper. Not answering truthfully would be fraud, which would invalidate the insurance. Further questions would probably follow a truthful answer, which may or may not cause problems.

    If the father tried to insure the car with the son as an additional driver, the company would ask who would be the main driver. Again, answering untruthfully would be fraud and invalidate the insurance, and a truthful answer would raise further questions. It would also not build the son a no claims bonus.
  • Nasqueron
    Nasqueron Posts: 10,006 Forumite
    Tenth Anniversary 1,000 Posts Photogenic Name Dropper
    etienneg said:
    The other difficulty with father being the registered keeper would be insurance. When the son buys insurance, the company would likely ask if he is the registered keeper. Not answering truthfully would be fraud, which would invalidate the insurance. Further questions would probably follow a truthful answer, which may or may not cause problems.

    If the father tried to insure the car with the son as an additional driver, the company would ask who would be the main driver. Again, answering untruthfully would be fraud and invalidate the insurance, and a truthful answer would raise further questions. It would also not build the son a no claims bonus.
    Insurance will usually be ok with the RK being different to the insured person, provided the named main driver is the main driver i.e. not fronting. Some might not like the RK being different of course but it would still not affect the S75 stuff - though as ever people do need to be careful and understand what S75 is, plus their rights when buying second hand - e.g. CC aren't going to simply pay out to replace the car if the engine fails after 9 months on a car with 200k miles on it 

    Sam Vimes' Boots Theory of Socioeconomic Unfairness: 

    People are rich because they spend less money. A poor man buys $10 boots that last a season or two before he's walking in wet shoes and has to buy another pair. A rich man buys $50 boots that are made better and give him 10 years of dry feet. The poor man has spent $100 over those 10 years and still has wet feet.

Meet your Ambassadors

Categories

  • All Categories
  • 347.2K Banking & Borrowing
  • 251.6K Reduce Debt & Boost Income
  • 451.8K Spending & Discounts
  • 239.5K Work, Benefits & Business
  • 615.3K Mortgages, Homes & Bills
  • 175.1K Life & Family
  • 252.8K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16K Discuss & Feedback
  • 15.1K Coronavirus Support Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.