Sect 75 claim for faulty car

RichardOnTheCut

Hi All

Some of you may have been following my thread over on the motoring forum but after realising I'd paid the deposit for our used car on a credit card (and that all other options were looking like dead ends) I thought I'd start a new thread here.

We bought our used Citroen C4 Picasso just under a year ago and just before we purchased it the dealer had the clutch replaced (I have the invoice/receipt for the work btw). Unfortunately it seems like the clutch release bearing is now failing after only 7000 miles (of very sympathetic driving) but the dealer is no longer trading!

I'm wondering, having read a few of MSE's examples of successful claims, if I can try the same thing and make a section 75 claim for repairing the car. The previous repair was circa £850 (including new clutch assy) but the failed bearing may well have contaminated/damaged the clutch and other components so the cost of repair could be similar, we won't know until the clutch is out though.

Does this seem like a good case for a Sect 75 claim and, if so, should I get a written garage diagnosis before starting the claim or approach Tesco CC first. 

All advice welcomed. 

Regards
Richard

eskbanker

I can't see a s75 claim covering this - your contract was with the dealer but, based on what you've shared, it seems unlikely that they'd have been in breach of that contract if they'd still have been trading, so I doubt that the card company would consider a claim to be valid.  No harm in trying I suppose, but you would indeed need an independent expert to confirm in writing that the car was faulty at the time of sale....

MEM62

There is no breech of contract and therefore no basis for a S75 claim.  (S75 is not a catch all for when everything else fails)  I think you will just have resign yourself to covering the costs of the repair.  

DullGreyGuy

RichardOnTheCut said:

Does this seem like a good case for a Sect 75 claim and, if so, should I get a written garage diagnosis before starting the claim or approach Tesco CC first. 

An independent engineer would almost certainly need to assess the vehicle and express their opinion on if it is reasonable enough durability given it was a secondhand car, its age and what you were informed had been done to immediately before the sale. 

If the independent engineer says it's not reasonable or the work hadn't been done etc then you have reasonable grounds for a claim. If they say it's not unreasonable and the work had been done but just another bit has failed then you won't have a claim and will have lost the cost of the engineers inspection. 

RichardOnTheCut

Well I don't think I need to prove that it was faulty 'at time of sale'. I bought the car with the knowledge that the clutch had been faulty but had been replaced and therefore I could reasonably expect that I would not need a clutch for a long time (probably not within my ownership). If a major component, which was newly replaced prior to sale, fails prematurely then I think it's reasonable to expect that you should have some form of recompense. After all, if the dealer was still trading I think he'd be responsible to me for the repair and in turn I think he'd expect the garage to bear the cost and, in turn, the garage to claim back from the clutch supplier or manufacturer. If I had ordered and paid for the work I would be expecting the garage to resolve this under warranty. So I'm not sure why, being jointly liable, Tesco CC would not be responsible under Sect 75. I suppose only time will tell though!

eskbanker

RichardOnTheCut said:

Well I don't think I need to prove that it was faulty 'at time of sale'. I bought the car with the knowledge that the clutch had been faulty but had been replaced and therefore I could reasonably expect that I would not need a clutch for a long time (probably not within my ownership). If a major component, which was newly replaced prior to sale, fails prematurely then I think it's reasonable to expect that you should have some form of recompense.

If the part failed prematurely because of a manufacturing flaw, resulting in insufficient durability, then this would have been a fault present at the time of sale (even if not manifesting as such then) and could therefore give rise to a valid claim for breach of contract, based on the provisions of the Consumer Rights Act 2015.

If the part failed prematurely for other reasons (such as driving style or whatever) then that is likely to compromise a claim of breach of contract.

An independent expert should be able to spot the difference....

born_again

I would say no as garage paid for the repairs.
But I would speak to your CC & get their opinion. As they may consider that it was something required for the car to be sold & as such covered.
End of the day they are only forking out a few hundred quid, not the total cost of the car.

RichardOnTheCut

Thanks for all your comments so far. I can see there is a split over whether or not this seems to be a claim worth pursuing but I think it's worth a try. Used car salesman eh!

As a back-up plan I've spoken to the garage that replaced the clutch and they are suggesting that we may be able to come to some sort of arrangement, dependant on what parts were fitted and where they were sourced from, which they are looking into. 

I'm still trying to determine exactly how you go about making a section 75 claim with my provider as their website just ties you up in knots on the matter. Typical tactics in these circumstances though 🙄.

DullGreyGuy

RichardOnTheCut said:

I'm still trying to determine exactly how you go about making a section 75 claim with my provider as their website just ties you up in knots on the matter. Typical tactics in these circumstances though 🙄.

Most lenders have their own systems so it varies. With AmEx you simply raise a dispute against the transaction in your online banking/app, they then decide if it should be dealt with as a Chargeback or S75 claim

Grumpy_chap

It is not clear that there is a claim against the original supplying Dealer or (hence) the CC.

Before considering S75, I can't see that the OP mentioned whether the car was supplied with any warranty.  Given the Dealer has ceased trading, a Dealer warranty would have no value now.  However, an after-market insurance backed warranty might still be in force.  If there is any kind of warranty, it is worth reading the small print to see what is and is not covered, though items such as clutches are typically excluded from used car warranties.

Even if the warranty was a Dealer warranty, that is still worth reading through to understand whether the clutch would have been covered.  I think it is possibly tenuous but, if the OP purchased car inc warranty that covered the clutch, and the warranty part of the purchase cannot be honoured because the Dealer ceased trading, then the CC may be liable for joint liability in that regard.  
I am unsure on this part - others may be able to give better advice - but the point would be moot if there was never a Dealer warranty covering the clutch that is no void by virtue of the Dealer ceased trading.

born_again

RichardOnTheCut said:

Thanks for all your comments so far. I can see there is a split over whether or not this seems to be a claim worth pursuing but I think it's worth a try. Used car salesman eh!

As a back-up plan I've spoken to the garage that replaced the clutch and they are suggesting that we may be able to come to some sort of arrangement, dependant on what parts were fitted and where they were sourced from, which they are looking into. 

I'm still trying to determine exactly how you go about making a section 75 claim with my provider as their website just ties you up in knots on the matter. Typical tactics in these circumstances though 🙄.

Just ring them up, explain the situation & they will advise you what they require & if you would have a claim.