Multiple section 75 claims

MzTee

Hello

I have just purchased a used car from a dealer. I'd had it a few days when I thought to check my spare key. I've never had a keyless start car before so wasn't initially worried when I was given one fob and one service key type key upon delivery. When I checked the service key, it does not fit my car.

I've contacted the dealer and he has replied that he has contacted the previous owner to see if he still has the key. Obviously, I have little faith that I will get my spare fob. The dealership should not have advertised the car on autotrader as having two keys. The ad has since disappeared so I can't prove this. Providing me with two keys upon delivery should prove it was part of the contract I hope.

I plan to order a fob from a Mazda dealer. I have been quoted almost £300. I paid a deposit on my CC when I bought the car. Is the cost of the fob something I can make a section 75 claim for?

If I am successful with this claim, does it affect my ability in the future to claim on the same vehicle for something more substantial, like the engine blowing up next week, for example?

I have another question but I will await a response to this one before I ask. Thanks

eskbanker

The dealer should source the second key, even if they can't do so from the previous owner.

If they fail to do so then you could make a s75 claim for breach of contract but you would be required to demonstrate that the contract was for two keys, and IMHO the mere fact that they gave you a second isn't particularly conclusive proof.

One S75 claim wouldn't prejudice a second if there's a different breach of contract.

HillStreetBlues

https://forums.moneysavingexpert.com/discussion/comment/81970525#Comment_81970525

As I understand it as it's civil law a person wouldn't need conclusive proof just the balance of probabilities.

eskbanker

https://forums.moneysavingexpert.com/discussion/comment/81970870#Comment_81970870

Indeed, but my comment related to being able to demonstrate what the scope of the contract included in the first place (normally a matter of fact rather than interpretation) rather than the standard of proof for an alleged breach.

MzTee

https://forums.moneysavingexpert.com/discussion/comment/81970878#Comment_81970878

Since I have posted, the dealer has emailed me back to say he will approach the previous owner to see if he has the key. I guess this would have been his opportunity to state that providing two keys was not part of the contract. So hopefully, as another poster states, the balance of probabilities is that the dealer knows he advertised it as having 2 keys.

I'll give him a couple of days then give section 75 a go. Nothing to lose I guess.

MzTee

2nd question - the dealer mentioned previously advertised this car on Autotrader as coming with 6 months nationwide warranty. I reserved it almost as soon as the advert appeared online and travelled 60 miles to view it the next day, so he knew I was very keen.

In the middle of CC deposits, a card machine that wouldn't work, and bank transfers, I asked about the one or two negative reviews I'd read about their warranty. The dealer said they use a better company now so that would not be an issue, and showed me the brochure for the £400 a year warranty I should purchase that would cover me. At this stage,I thought it was an extended warranty so asked for time to think about it and left it at that. I signed a document showing I was happy to purchase the car. The dealer had crossed through the bottom section, and I signed the top section. When I got home and looked at it in detail, I saw the bottom section was a paragraph relating to the old in-house warranty they used to offer. For clarity, I emailed the next day to ask if I did indeed still have the 6 month warranty as advertised (that is STILL being advertised for his current listings on Autotrader) and he said they no longer offer it, only this product.

Obviously, my enthusiasm for the car and lack of experience with car dealers has left me a little high and dry. My research online tells me that any warranty on a ten year old vehicle will be useless because most things will be put down to wear and tear. This site advises that I actually get more protection via my consumer rights and Section 75.

Ok, question is, does this lack of warranty constitute a breach of contract? If so, and I pursued a section 75 claim because I did not get what was advertised, what would the likely result be, if successful? From what I am reading, the outcome might be that my CC company decides I did not get what I paid for (a car with two working keys and a 6 month warranty), they refund me and then own the car until the dealer settles with them. So far (touch wood) the car seems great. I have no complaints about this part of the transaction, so I would not want the car to be returned. If I do pursue a claim because of the lack of warranty, is there likely to be any other outcome?

Just to be clear, I have no intention of pursuing a claim because of a lack of warranty if it means losing the car, but I did wonder if there is likely to be a less dramatic solution.

Thank you

MEM62

Always be on your guard when dealing with a car dealer, particularly small independents. They do not have a reputation for nothing. Your problem is that you are doing your research after the event rather than before. The good thing is that you will be wiser next time round.

eskbanker

On the warranty question, the starting point would be the same as the spare key, i.e. to what extent are you able to prove that this was within the contracted scope?

S75 also applies to misrepresentation as well as breach of contract, so you may be able to make a case that you entered into the contract on the basis that it included specific items but that these weren't provided. However, if you signed a document accepting that it wouldn't be provided within the scope, then this weakens your argument.

In terms of the consequences of winning a s75 claim, a breach can be remedied in numerous ways and returning the car is unlikely to be desirable for any of the parties if you're essentially happy with it - you could simply claim for the cost of the key and the warranty, for example…

born_again

S75 is not a cover all get out of jail card on a 10 year old car.

On a more cynical side, it could be argued that you did get 2 keys. Have you checked all doors & boot? As it is more than possible that a lock has been changed?

Did you actually pay for a warranty? If not then there would be no breach.