URGENT:Section 75/Consumer Rights Act Help – Faulty Car, Retailer Refusing Refund, HSBC Delaying

Eager2learnASAP1357 · 29 September at 1:47PM

Hi everyone,

We’re looking for advice on a stressful situation involving a faulty car, a rejected refund, and a Section 75 claim that’s going nowhere fast.

My partner and I are both in our early 30s and work in healthcare. After saving up for a long time, we bought a used 2016 Ford B-Max (automatic) for £6,290, paid in full on 6 March 2025 using our HSBC credit card. The car came with a 6-month warranty and seemed like a sensible purchase to help us visit family and travel for work.

Unfortunately, it’s turned into a complete nightmare. The car broke down less than two months later while we were over 200 miles from the dealer. We’ve followed the correct steps under the Consumer Rights Act 2015 and Section 75 of the Consumer Credit Act, but we’re now stuck — the dealer won’t accept the rejection, and HSBC is dragging the process out.

Here’s a quick timeline of events:

Feb–March 2025: Purchase

28 Feb: Paid £100 deposit on credit card after viewing the car
6 Mar: Paid £6,290 balance on HSBC credit card; 6-month warranty included

April 2025: Breakdown & Recovery

23 Apr: Car breaks down in North Wales (~200 miles from dealer)
Dealer denies responsibility, says to go through warranty
24 Apr: Paid £1,064.83 to return car to dealer (paid via HSBC card)

Late April–May: Attempted Repair

Between 25 Apr–15 May: Repairs done under Consumer Rights Act (we sent a formal letter requesting this)
15 May: Dealer claims car is fixed and we collect it
Late May: Faults return (coolant loss, juddering)

June–Now: Rejection & Section 75

29 May: Formally rejected the car via email and recorded post
Retailer refuses rejection
We file a Section 75 claim with HSBC
Two independent diagnostics (at HSBC’s request) confirm a combustion leak
HSBC still asks for a “full independent inspection report” — we’ve sent a quote but are still waiting for approval
Meanwhile, the car sits unused and our money is still tied up

Legal Concerns:

The repair failed, and we rejected the car within six months, which should give us the right to a refund under the Consumer Rights Act 2015
The dealer did not provide:
- Diagnostics or inspection reports
- Breakdown of repairs
- Evidence the vehicle was tested before returning it
We were pressured to use the third-party warranty (which would have barely covered anything), even though we insisted on repairs under CRA
The dealer sought warranty approval behind our backs, even after we told them not to proceed with warranty work
We no longer trust the dealer at all and don’t want another repair attempt

Financial Strain:

The car was bought in good faith and has caused nothing but stress
We’ve driven less than 1,716 miles since purchase
HSBC and Citizens Advice initially told us hire car costs could be reimbursed under the Section 75 indemnity clause
We’ve now spent £1,120.40 on hire cars, but HSBC is backtracking and saying:
“Just because the law is there doesn’t mean you're automatically entitled to it.”
The whole process has cost us thousands, and every delay adds to the vehicle’s depreciation (2016 car, ~72k miles at purchase)

What We Need Help With:

Is there anything else we can do to push HSBC or the retailer to resolve this?
Has anyone been successful in recovering legal or hire costs through Section 75?
Should we be preparing to go to small claims court?
Would it be worth getting a solicitor involved — and if so, what are the realistic costs, and can they be claimed back?

We’ve done our best to follow the law and be reasonable, but we’re now overwhelmed and starting to fear we’ll be left out of pocket with a useless car. Any advice would be massively appreciated.

Thanks so much in advance!

the_lunatic_is_in_my_head · 29 September at 2:02PM

Eager2learnASAP1357 said:

HSBC still asks for a “full independent inspection report” — we’ve sent a quote but are still waiting for approval

Raise an official complaint with HSBC (complaints process will be on their website) stating faults are presumed within first 6 months:

https://www.legislation.gov.uk/ukpga/2015/15/section/19

(14)For the purposes of subsections (3)(b) and (c) and (4), goods which do not conform to the contract at any time within the period of six months beginning with the day on which the goods were delivered to the consumer must be taken not to have conformed to it on that day.

(15)Subsection (14) does not apply if—

(a)it is established that the goods did conform to the contract on that day, or

and their insistence of placing the burden of proof upon yourself when you contacted them in June was a breach of the DMCC:

https://www.legislation.gov.uk/ukpga/2024/13/part/4/chapter/1/crossheading/prohibition-of-unfair-commercial-practices

and you feel you've been treated unfairly.

At the same time send HSBC a letter before action requesting payment equal to your losses.

Note a deduction for use may be applied when rejecting a motor vehicle regardless of timeframes, this should reflect actual use not market value. Detailed on page 53 of this guidance:

https://www.businesscompanion.info/sites/default/files/CRA-Goods-Guidance-for-Business-Sep-2015.pdf

Alderbank · 29 September at 2:07PM

Eager2learnASAP1357 said:

Hi everyone,

We’re looking for advice on a stressful situation involving a faulty car, a rejected refund, and a Section 75 claim that’s going nowhere fast.

My partner and I are both in our early 30s and work in healthcare. After saving up for a long time, we bought a used 2016 Ford B-Max (automatic) for £6,290, paid in full on 6 March 2025 using our HSBC credit card. The car came with a 6-month warranty and seemed like a sensible purchase to help us visit family and travel for work.

Unfortunately, it’s turned into a complete nightmare. The car broke down less than two months later while we were over 200 miles from the dealer. We’ve followed the correct steps under the Consumer Rights Act 2015 and Section 75 of the Consumer Credit Act, but we’re now stuck — the dealer won’t accept the rejection, and HSBC is dragging the process out.

Here’s a quick timeline of events:
Feb–March 2025: Purchase

28 Feb: Paid £100 deposit on credit card after viewing the car

6 Mar: Paid £6,290 balance on HSBC credit card; 6-month warranty included

April 2025: Breakdown & Recovery

23 Apr: Car breaks down in North Wales (~200 miles from dealer)

Dealer denies responsibility, says to go through warranty

24 Apr: Paid £1,064.83 to return car to dealer (paid via HSBC card)

Late April–May: Attempted Repair

Between 25 Apr–15 May: Repairs done under Consumer Rights Act (we sent a formal letter requesting this)

15 May: Dealer claims car is fixed and we collect it

Late May: Faults return (coolant loss, juddering)

June–Now: Rejection & Section 75

29 May: Formally rejected the car via email and recorded post

Retailer refuses rejection

We file a Section 75 claim with HSBC

Two independent diagnostics (at HSBC’s request) confirm a combustion leak

HSBC still asks for a “full independent inspection report” — we’ve sent a quote but are still waiting for approval

Meanwhile, the car sits unused and our money is still tied up

Legal Concerns:

The repair failed, and we rejected the car within six months, which should give us the right to a refund under the Consumer Rights Act 2015

The dealer did not provide:

Diagnostics or inspection reports

Breakdown of repairs

Evidence the vehicle was tested before returning it

We were pressured to use the third-party warranty (which would have barely covered anything), even though we insisted on repairs under CRA

The dealer sought warranty approval behind our backs, even after we told them not to proceed with warranty work

We no longer trust the dealer at all and don’t want another repair attempt

Financial Strain:

The car was bought in good faith and has caused nothing but stress

We’ve driven less than 1,716 miles since purchase

HSBC and Citizens Advice initially told us hire car costs could be reimbursed under the Section 75 indemnity clause

We’ve now spent £1,120.40 on hire cars, but HSBC is backtracking and saying:
“Just because the law is there doesn’t mean you're automatically entitled to it.”

The whole process has cost us thousands, and every delay adds to the vehicle’s depreciation (2016 car, ~72k miles at purchase)

What We Need Help With:

Is there anything else we can do to push HSBC or the retailer to resolve this?

Has anyone been successful in recovering legal or hire costs through Section 75?

Should we be preparing to go to small claims court?

Would it be worth getting a solicitor involved — and if so, what are the realistic costs, and can they be claimed back?

We’ve done our best to follow the law and be reasonable, but we’re now overwhelmed and starting to fear we’ll be left out of pocket with a useless car. Any advice would be massively appreciated.

Thanks so much in advance!

Welcome to the forum.

What were the original faults?
You mention coolant loss and judder, but they are symptoms. Coolant loss is often the result of a worn flexible hose, common in older cars and easily fixed. Brake judder can be unevenly worn brake discs, also an easy fix.

You really need a substantial fault to justify rejection. You say that two independent diagnostics 'confirm' a combustion leak. This is also a symptom - what is the cause?
Also presumably the coolant leak and judder have been fixed since they have not been confirmed by those two diagnostics?

Can you give a little more information about the hire cars such as who authorised them, etc.?

Grumpy_chap · 29 September at 2:16PM

Not every fault on a used car gives grounds for the car to be rejected. Quality has to be assessed in light of the age and condition of the car.

What are the actual faults with the car?
The faults, not the symptoms.
- the first fault that was fixed (what was actually fixed)?
- the second fault (coolant loss and juddering)?
- the third fault (combustion leak) - what actually is the cause?

Why did it cost £1k to return the car to the Dealer?
Was the Dealer given the opportunity to mitigate that cost?

Who agreed the hire car costs?
Was the Dealer given the opportunity to mitigate these costs?

Eager2learnASAP1357 · 29 September at 2:42PM

Grumpy_chap said:

Not every fault on a used car gives grounds for the car to be rejected. Quality has to be assessed in light of the age and condition of the car.

What are the actual faults with the car?
The faults, not the symptoms.
- the first fault that was fixed (what was actually fixed)?
- the second fault (coolant loss and juddering)?
- the third fault (combustion leak) - what actually is the cause?

Why did it cost £1k to return the car to the Dealer?
Was the Dealer given the opportunity to mitigate that cost?

Who agreed the hire car costs?
Was the Dealer given the opportunity to mitigate these costs?

Hi, thank you for getting back to me. I thought I'd respond to your questions one by one for clarity:

What are the actual faults with the car?

The car has only broken down once — but the issue was serious: a blown head gasket, which happened very suddenly. Since then, multiple symptoms have reappeared despite the supposed repair.

Faults – Not Symptoms:

1. First Fault – Blown Head Gasket (original breakdown):

Car broke down in April, less than 2 months after purchase.
The dealer had it for 3 weeks.
They returned it saying it was fully repaired, but gave minimal info.
They blamed it on a faulty coolant cap, which doesn’t add up for a head gasket failure.

2. Second Fault – Post-Repair Coolant Loss + Juddering:

On a trip to North Wales for a family wedding, after coming off the motorway, we felt juddering (similar to the original breakdown).
On return home, coolant was gushing from the underside, and we found coolant marks around the expansion tank.
We suspected the issue hadn’t been properly fixed.

3. Third Fault – Combustion Leak (confirmed independently):

This isn’t a new fault but a confirmation of the original one.
We called a mechanic after the second incident — they did a combustion leak test and said it was likely a blown head gasket or cracked cylinder head/block.
They also suspected the dealer never repaired the actual problem. The mechanic estimated the car had 20–30 miles left before it would break down again.

Why did it cost £1,000+ to return the car to the dealer?

The dealer initially refused to take the car back unless we went through their third-party warranty company (which they had paid for themselves). They said they’d only repair the car if it came via that route.

I was naive and trusted them at the time — I didn’t realise this was a tactic to avoid responsibility until I spoke to Citizens Advice. The warranty company was extremely limited in what it covered and told me the repair could be costly. That’s when I realised the dealer should have dealt with it under the Consumer Rights Act, not via the warranty.

So we paid £1,064.83 out of pocket to return the car to the dealer — they later said they’d “contribute” £400 as a goodwill gesture, which tells me they knew we shouldn't have paid that much in the first place.

Was the dealer given a chance to mitigate that cost?

Yes — after the breakdown, we initially agreed to let them repair the car, after getting advice from Citizens Advice. We sent a formal letter stating the work must be done under the Consumer Rights Act.

But after the second issue occurred, the dealer suggested we drive the car back to them again — over 200 miles, despite it leaking coolant and showing similar failure signs.

I initially agreed out of desperation, but my father-in-law warned me that driving it would be knowingly using a faulty vehicle — potentially making me liable if anything happened. When I contacted the dealer to discuss alternatives, they ignored my call and ignored my email asking for confirmation of repair date.

Later, they told HSBC I had agreed to drive the car, which to me sounds dangerous, but they left out that the car was not roadworthy, and I had video evidence showing coolant leaking.

Who agreed the hire car costs?

I spoke with a member of the HSBC disputes team who told me hire car expenses would be reimbursed under Section 75 indemnity rules. I have the name, date, and notes from that conversation.

Was the dealer given the opportunity to mitigate hire car costs?

After the first fault, yes — they repaired the car at no cost (though possibly not properly).
After the rejection and Section 75 process started, the dealer suddenly said they would have offered a courtesy car — but this was never mentioned before, and only came after the claim began.

To be honest, I'm terrified they’ll do what they did last time: patch the car up just enough to get through a few weeks, then hand it back before the issue reappears.

I’m not a mechanic, and I don’t know the legal ins and outs — and they’re counting on that. It feels like both the dealer and HSBC are using that against me. I help people every day in my job, and it’s heartbreaking to see how easy it is to be manipulated by businesses who know the system.

I’ve since looked at the Google reviews for the dealer, and it seems I’m not the first person they’ve done this to — I just didn’t see it until it was too late.

Any advice would be hugely appreciated.

I’m doing my best to stick to the law and be reasonable, but at this point I feel like I'm being strung along. We’ve spent thousands already, and the car has barely driven 1,700 miles. I just want to know what rights I still have — and how best to push forward with either HSBC or the courts.

Thanks again for taking the time to read all this.

Eager2learnASAP1357 · 29 September at 2:51PM

Alderbank said:

Eager2learnASAP1357 said:

Hi everyone,

We’re looking for advice on a stressful situation involving a faulty car, a rejected refund, and a Section 75 claim that’s going nowhere fast.

My partner and I are both in our early 30s and work in healthcare. After saving up for a long time, we bought a used 2016 Ford B-Max (automatic) for £6,290, paid in full on 6 March 2025 using our HSBC credit card. The car came with a 6-month warranty and seemed like a sensible purchase to help us visit family and travel for work.

Unfortunately, it’s turned into a complete nightmare. The car broke down less than two months later while we were over 200 miles from the dealer. We’ve followed the correct steps under the Consumer Rights Act 2015 and Section 75 of the Consumer Credit Act, but we’re now stuck — the dealer won’t accept the rejection, and HSBC is dragging the process out.

Here’s a quick timeline of events:
Feb–March 2025: Purchase

28 Feb: Paid £100 deposit on credit card after viewing the car

6 Mar: Paid £6,290 balance on HSBC credit card; 6-month warranty included

April 2025: Breakdown & Recovery

23 Apr: Car breaks down in North Wales (~200 miles from dealer)

Dealer denies responsibility, says to go through warranty

24 Apr: Paid £1,064.83 to return car to dealer (paid via HSBC card)

Late April–May: Attempted Repair

Between 25 Apr–15 May: Repairs done under Consumer Rights Act (we sent a formal letter requesting this)

15 May: Dealer claims car is fixed and we collect it

Late May: Faults return (coolant loss, juddering)

June–Now: Rejection & Section 75

29 May: Formally rejected the car via email and recorded post

Retailer refuses rejection

We file a Section 75 claim with HSBC

Two independent diagnostics (at HSBC’s request) confirm a combustion leak

HSBC still asks for a “full independent inspection report” — we’ve sent a quote but are still waiting for approval

Meanwhile, the car sits unused and our money is still tied up

Legal Concerns:

The repair failed, and we rejected the car within six months, which should give us the right to a refund under the Consumer Rights Act 2015

The dealer did not provide:

Diagnostics or inspection reports

Breakdown of repairs

Evidence the vehicle was tested before returning it

We were pressured to use the third-party warranty (which would have barely covered anything), even though we insisted on repairs under CRA

The dealer sought warranty approval behind our backs, even after we told them not to proceed with warranty work

We no longer trust the dealer at all and don’t want another repair attempt

Financial Strain:

The car was bought in good faith and has caused nothing but stress

We’ve driven less than 1,716 miles since purchase

HSBC and Citizens Advice initially told us hire car costs could be reimbursed under the Section 75 indemnity clause

We’ve now spent £1,120.40 on hire cars, but HSBC is backtracking and saying:
“Just because the law is there doesn’t mean you're automatically entitled to it.”

The whole process has cost us thousands, and every delay adds to the vehicle’s depreciation (2016 car, ~72k miles at purchase)

What We Need Help With:

Is there anything else we can do to push HSBC or the retailer to resolve this?

Has anyone been successful in recovering legal or hire costs through Section 75?

Should we be preparing to go to small claims court?

Would it be worth getting a solicitor involved — and if so, what are the realistic costs, and can they be claimed back?

We’ve done our best to follow the law and be reasonable, but we’re now overwhelmed and starting to fear we’ll be left out of pocket with a useless car. Any advice would be massively appreciated.

Thanks so much in advance!

Welcome to the forum.

What were the original faults?
You mention coolant loss and judder, but they are symptoms. Coolant loss is often the result of a worn flexible hose, common in older cars and easily fixed. Brake judder can be unevenly worn brake discs, also an easy fix.

You really need a substantial fault to justify rejection. You say that two independent diagnostics 'confirm' a combustion leak. This is also a symptom - what is the cause?
Also presumably the coolant leak and judder have been fixed since they have not been confirmed by those two diagnostics?

Can you give a little more information about the hire cars such as who authorised them, etc.?

Thank you for your kind welcome 🙂

What were the original faults?

First Fault – Blown Head Gasket (April Breakdown):

The car broke down less than two months after purchase.
The dealer had it for 3 weeks.
When they returned it, they provided minimal information and claimed the issue was due to a faulty coolant cap, which doesn't add up.
A mechanic has since explained that the coolant was spraying out of the lid because of pressure buildup caused by a combustion leak.

He immediately noticed coolant stains, which confirmed his suspicion. He then performed a combustion leak test, which checks for hydrocarbons in the coolant system — a clear indicator of a head gasket failure.

Here’s what the mechanic said in his own words:

“The test was carried out to see if there are hydrocarbons in the cooling system, which would indicate a head gasket failure. You can see the result from the colour change in the fluid we use for testing. The repair would cost approximately £1,500 to fix properly.”

Fault vs. Symptom

I understand that a combustion leak itself is a symptom — but based on both independent mechanics, the underlying cause is either a cracked cylinder head or a blown head gasket.

So while the “symptom” is the combustion leak, the substantial fault that justifies rejection under the Consumer Rights Act is either:

a blown head gasket, or
a cracked cylinder head or engine block.

This is a major engine fault, and one mechanic said the car would likely have broken down again within 20–30 miles.

Car Hire Costs

I spoke directly with a member of HSBC’s Disputes Team who advised that car hire expenses could be reimbursed under the Section 75 indemnity clause. I made the decision to rent a replacement vehicle based on that advice.

I have the name of the advisor, the date of the conversation, and detailed notes. We were trying to mitigate our losses and maintain transport for work and essential travel, as the vehicle was unusable at the time.

Thank you again for your time

born_again · 29 September at 5:46PM

S75 are never quick cases. If only started claim in June.
Some can take a year to be resolved.
Although if car hire charges are involved, that might spur things on a bit.

HopeAndDriftWood · 29 September at 6:44PM

Is ChatGPT writing most of your mistakes? The bold makes it really difficult to read.

Did HSBC tell you that hire car costs COULD be recovered, or that they WOULD be? My understanding from a similar-ish situation is that you can raise associated costs, but they may not be covered, and there's no real way to ascertain if they will be.

Have you got anything that diagnoses the actual fault? It doesn't sound like you have, if there's still two options for what the issue is. HSBC will want that, and then, again in my experience, they process S75 claims quite quickly - but you'll need to know what the substantial fault is, and you don't yet. Why did none of the mechanics actually diagnose the issue?

eschaton · 29 September at 6:48PM

You don’t mention breakdown cover?

It’s something I wouldn’t be without, even new cars and not cars approaching 10 years old. Especially if you go on long journeys as you appear to do.

If I didn’t have complimentary cover via a service plan then I’d get cover for UK recovery and at home for £60 with Green Flag.

Even when I used to drive abroad, I’d pay for a European cover policy if I didn’t already have it on a new car.

A breakdown policy would have got your car repaired, recovered home or to your preferred garage at little cost.

Eager2learnASAP1357 · 29 September at 9:51PM

HopeAndDriftWood said:

Is ChatGPT writing most of your mistakes? The bold makes it really difficult to read.

Did HSBC tell you that hire car costs COULD be recovered, or that they WOULD be? My understanding from a similar-ish situation is that you can raise associated costs, but they may not be covered, and there's no real way to ascertain if they will be.

Have you got anything that diagnoses the actual fault? It doesn't sound like you have, if there's still two options for what the issue is. HSBC will want that, and then, again in my experience, they process S75 claims quite quickly - but you'll need to know what the substantial fault is, and you don't yet. Why did none of the mechanics actually diagnose the issue?

The mechanics told me that a combustion test could indicate whether it’s likely a blown head gasket or a cracked cylinder. But to definitely confirm something like a cracked cylinder, they’d need to remove the engine to inspect it properly. Both of them said they wouldn’t go any further without confirmation from HSBC that the costs would be covered (£850), since it would involve tampering with the car.

Eager2learnASAP1357 · 29 September at 9:54PM

eschaton said:

You don’t mention breakdown cover?

It’s something I wouldn’t be without, even new cars and not cars approaching 10 years old. Especially if you go on long journeys as you appear to do.

If I didn’t have complimentary cover via a service plan then I’d get cover for UK recovery and at home for £60 with Green Flag.

Even when I used to drive abroad, I’d pay for a European cover policy if I didn’t already have it on a new car.

A breakdown policy would have got your car repaired, recovered home or to your preferred garage at little cost.

This might sound naive, but I do have breakdown cover. That said, the dealership insisted I use the roadside assistance and recovery provided by the warranty company instead. In hindsight, I’ve learned a very expensive and hard lesson from this whole experience.

URGENT:Section 75/Consumer Rights Act Help – Faulty Car, Retailer Refusing Refund, HSBC Delaying