Section 75

DullGreyGuy

the_lunatic_is_in_my_head said:
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.  

Would have thought more people look at the roof of a car than under the car... you can see damage to the roof easily, not everyone is going to know what the underside of a car should look like. 

I too however had assumed with was a van/mini bus type vehicle where seeing the top of the roof isnt practical in your average show room but given how many vans are damaged by people ignoring height restrictions you'd expect the dealer would have checked it before putting it to sale so should have known about it and should have said about it given that aspect cannot be inspected. TFL do very nicely from the local height restrictions, most mornings see a van hit them and they have cameras set up explicitly to catch them with a £160 bill in the post shortly after.

ChippyDave

Hi,
Sorry for lateness but for some reason notifications haven't come through. Don't ask.
I will try to answer a few of the questions so far.
The vehicle is a VW transporter purchased from a VW dealership in July last year for just over £30k. It was four years old and came with a twelve month warranty.
The scuff to the roof was noticed a week after purchase when I was working at height.
I contacted the dealer who said that it was nothing to do with them as I had checked it beforehand. I wasn't asked to check the roof by the salesman. They did offer to send me a touch up pen for me to do myself which I thought was insulting. They also offered to buff it out if I made the five hour return trip to the garage which I again refused.
A local garage has estimated the cost of the repair to be £500.
Nationwide have said that I would need to return the vehicle to the dealership where as all I am after is the cost of the repair.
Thanks for all the responses so far.

Grumpy_chap

ChippyDave said:

The scuff to the roof was noticed a week after purchase when I was working at height.
I contacted the dealer who said that it was nothing to do with them as I had checked it beforehand. I wasn't asked to check the roof by the salesman. 

That is not an entirely unreasonable comments for the dealer if you viewed the vehicle prior to purchase.  
Did you check anything else on the vehicle without being asked to check it by the salesman?

ChippyDave said:

Nationwide have said that I would need to return the vehicle to the dealership where as all I am after is the cost of the repair.

Do Nationwide know you are only seeking the £500 repair cost?

ChippyDave said:

I have applied to Nationwide for a section 75 refund on a vehicle

If Nationwide understand that you asked for a full refund, then they will require the vehicle to be returned.

Exactly how did you pay?  Is the finance from Nationwide simply the deposit paid by CC, or is it full finance (linked finance) for the vehicle?
If this is CC for a deposit, then Nationwide will not be liable under S75 as the limit is up to £30k for the total value so would not cover:

ChippyDave said:

The vehicle is a VW transporter purchased from a VW dealership in July last year for just over £30k.

If it is linked finance, then S75a may apply.
Or, have Nationwide said they will process a chargeback, but you still need to return the vehicle?  Chargeback would normally only be the part of the cost that was paid via the CC.

Alderbank

ChippyDave said:

Nationwide have said that I would need to return the vehicle to the dealership where as all I am after is the cost of the repair.

Thanks for your update.

No doubt the dealership would like you to return it for repair and have said that to Nationwide, but Nationwide are wrong in saying that you need to.

The relevant part of the Consumer Rights Act (s23, Right to Repair or Replacement) says if you require them to repair the goods, they must do so within a reasonable time and without significant inconvenience to the consumer, and

bear any necessary costs incurred in doing so (including in particular the cost of any labour, materials or postage).

If you can't reach agreement on that then a different part of the Act applies (s24, Right to price reduction or final right to reject) under which you can negotiate a reasonable price reduction.
Since the damage is not in dispute and you have an estimate for the repair, that would be an excellent starting point for negotiation with Nationwide, and much cheaper for them than the next option for you which would be rejection of the vehicle.

born_again

ChippyDave said:

Hi,
Sorry for lateness but for some reason notifications haven't come through. Don't ask.
I will try to answer a few of the questions so far.
The vehicle is a VW transporter purchased from a VW dealership in July last year for just over £30k. It was four years old and came with a twelve month warranty.
The scuff to the roof was noticed a week after purchase when I was working at height.
I contacted the dealer who said that it was nothing to do with them as I had checked it beforehand. I wasn't asked to check the roof by the salesman. They did offer to send me a touch up pen for me to do myself which I thought was insulting. They also offered to buff it out if I made the five hour return trip to the garage which I again refused.
A local garage has estimated the cost of the repair to be £500.
Nationwide have said that I would need to return the vehicle to the dealership where as all I am after is the cost of the repair.
Thanks for all the responses so far.

So no S75 cover then.

Limit is over £100 upto £30K
Nationwide are correct in their statement.

Grumpy_chap

Alderbank said:

Since the damage is not in dispute 

Is the Dealer accepting the damage was there when the vehicle was collected?

I acknowledge the rules around damage present within 6 months and being the supplier's responsibility but for bodywork damage on a used vehicle, there must be some limits to how far that would extend.