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Bank of mum and dad - section 75?

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  • born_again
    born_again Posts: 20,540 Forumite
    10,000 Posts Fifth Anniversary Name Dropper
    oweri02 said:
    Hi MSE forum…

    helped my stepdaughter buy a car, spent £11,500 and used my TescoBank credit card. Huge issues with car, dealer goes AWOL, warranty not worth toilet paper, I tried to claim a section 75… to be told by Tesco, only applies if bought for yourself! If only I’d registered in my name rather than trying to help her mature as an adult and keep number of owners down.

    Recent MOT has failed, they’d removed the catalitic converter

    Can anyone suggest what might we do please? Or maybe Martin can pick up on a show and maybe TescoBank could be kind :) or at least highlight the “purchase for self” only for others, not just the £100-£30,000

    oweri02

    Letter before action & take them to court, if they are still trading.

    Tesco are right no Debtor Creditor link. If you want to double check, complain, let it go to FOS to adjudicate on. But you are talking months for that.

    In future the best way is to give them the money & let them pay themselves.
    Life in the slow lane
  • DullGreyGuy
    DullGreyGuy Posts: 18,613 Forumite
    10,000 Posts Second Anniversary Name Dropper
    marcia_ said:
    marcia_ said:
    Olinda99 said:
    whose name is on the receipt - yours or your daughter
    Makes no difference. If the car is registered in the daughter's name the chain is broken and s75 doesn't apply. 
    Actually it does - it says it in bold at the top of the V5 that registration does NOT amount to ownership
     Yes it does to the bank where the claimant needs to be the beneficiary 
    https://www.legislation.gov.uk/ukpga/1974/39/section/75 

    @Marcia_ the legislation is linked above, only 5 clauses... please point to the one where it mentions "beneficiary"?

    The law only states that the Debtor and Supplier must be in a commercial contract with each other, this is proven by the invoice of sale not the V5c which simply states who the registered keeper is. 
  • marcia_
    marcia_ Posts: 3,446 Forumite
    Sixth Anniversary 1,000 Posts Photogenic Name Dropper
    marcia_ said:
    marcia_ said:
    Olinda99 said:
    whose name is on the receipt - yours or your daughter
    Makes no difference. If the car is registered in the daughter's name the chain is broken and s75 doesn't apply. 
    Actually it does - it says it in bold at the top of the V5 that registration does NOT amount to ownership
     Yes it does to the bank where the claimant needs to be the beneficiary 
    https://www.legislation.gov.uk/ukpga/1974/39/section/75 

    @Marcia_ the legislation is linked above, only 5 clauses... please point to the one where it mentions "beneficiary"?

    The law only states that the Debtor and Supplier must be in a commercial contract with each other, this is proven by the invoice of sale not the V5c which simply states who the registered keeper is. 
     🙄  wrong word, AKA Debtor Creditor link which the op hasn't confirmed the receipt details. Only that the car is registered to the daughter which the bank can take as the link in the absence of a receipt 
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