Section 75

eskbanker

Okell said:

eskbanker said:

Okell said:

Is @ChippyDave trying to get a refund AND keep the vehicle?   

That's not how I read it, they're looking for "an amount as compensation", which to me suggests some form of price reduction.

I did wonder if that is what he meant to write.

I also wonder why posters can't give complete and meaningful information from the outset so others don't have to rely on their occasionally fallible psychic powers to work out what they mean

I knew you were going to say that

Grumpy_chap

ChippyDave said:

Hi,
I have applied to Nationwide for a section 75 refund on a vehicle that had got some damage on when it was bought and not noticed as it was high upon the roof.
Nationwide have said that I have to return the vehicle to get a refund rather than receive an amount as compensation. Is this correct?
Thanks in advance of any advice.

What type of damage?  Are we talking about a dent or scratch on the roof?
Did the OP view the vehicle before purchasing?
I assume a second hand car.

Okell

DullGreyGuy said:

Okell said:

Is ChippyDave trying to get a refund AND keep the vehicle?   

No, they want £100 or whatever for a mobile dent repairer or similar to fix the damage or the cash somewhat equivalent to that 

NO!!!!

You've spoiled it!  You should have quoted my second post like @eskbanker did!

That would have been funny!

the_lunatic_is_in_my_head

If the car doesn't conform, a price reduction is a valid remedy where a repair/replacement isn't provided.

Grumpy_chap

the_lunatic_is_in_my_head said:

If the car doesn't conform, a price reduction is a valid remedy where a repair/replacement isn't provided.

It is not clear, and the OP has not clarified, that the car does not conform.

I assume we are considering a used car with some bodywork damage on the roof panel.  The OP has not confirmed.
The OP has also not confirmed whether they viewed the car in person before purchase.
Bodywork damage on a used car is the type of thing that a typical person might be expected to notice as part of the viewing process and therefore deemed to have accepted within the agreed price.
The OP has also not advised the time period between buying the car and them first noticing / reporting the damage.

Alderbank

'I assume we are considering a used car with some bodywork damage on the roof panel....'

I did not assume that.

The OP doesn't even refer to it as a car. They said '...a vehicle that had got some damage on when it was bought and not noticed as it was high up on the roof.'

My assumption was that this is a something like a Luton van and the damage was only discovered when the new owner got his stepladder out to give it a good clean.

Makes more sense to me.

Grumpy_chap

Alderbank said:

'I assume we are considering a used car with some bodywork damage on the roof panel....'

I did not assume that.

The OP doesn't even refer to it as a car. They said '...a vehicle that had got some damage on when it was bought and not noticed as it was high up on the roof.'

My assumption was that this is a something like a Luton van and the damage was only discovered when the new owner got his stepladder out to give it a good clean.

Makes more sense to me.

OK.
You may be correct.

I still assume we are considering a used vehicle.
I took the "high up on the roof" to suggest a car, but people carrier or SUV style vehicle.

If this is a Luton van or similar, the next question has to be whether this is a consumer purchase or related to trade / business?
The OP indicated that they had started an S75 claim with the CC but would S75 be available for a non-consumer purchase?

Alderbank

Grumpy_chap said:

Alderbank said:

'I assume we are considering a used car with some bodywork damage on the roof panel....'

I did not assume that.

The OP doesn't even refer to it as a car. They said '...a vehicle that had got some damage on when it was bought and not noticed as it was high up on the roof.'

My assumption was that this is a something like a Luton van and the damage was only discovered when the new owner got his stepladder out to give it a good clean.

Makes more sense to me.

The OP indicated that they had started an S75 claim with the CC but would S75 be available for a non-consumer purchase?

Perhaps, the 1974 Consumer Credit Act protects sole traders and small partnerships as well as individuals. The definitions are different from the Consumer Rights Act.

the_lunatic_is_in_my_head

Grumpy_chap said:

the_lunatic_is_in_my_head said:

If the car doesn't conform, a price reduction is a valid remedy where a repair/replacement isn't provided.

It is not clear, and the OP has not clarified, that the car does not conform.

Indeed, hence "if"

Grumpy_chap said:

the_lunatic_is_in_my_head said:

If the car doesn't conform, a price reduction is a valid remedy where a repair/replacement isn't provided.

Bodywork damage on a used car is the type of thing that a typical person might be expected to notice as part of the viewing process and therefore deemed to have accepted within the agreed price.

Satisfactory quality does exclude "where the consumer examines the goods before the contract is made, which that examination ought to reveal"

As someone who has no clue about cars when I buy a (second hand) car, I drive it, look at the tyres, look underneath (in a vague attempt to appear as if I know what I'm doing), can't say I've ever looked at the roof (probably will do from now on!).

It would take a court to decide whether such damage ought to have been revealed but the CC company are unlikely to go to such lengths with a customer over some damage to a car so it's merely a question of whether the damage warrants the price reduction.  

born_again

CC could in a case like this simply say that OK, given the amount that they bung OP £100 (go away money) to get someone like ChipsAway to fix it.

All depends on how they approach CC on the matter.