Section 75 template letter

Rich_the_owl

https://forums.moneysavingexpert.com/discussion/comment/81974776#Comment_81974776

Yes, but 1 of the 3 cards is in my spouses name, and the invoice for the purchase is also in her name. So on that basis our plan was for her to S75 claim for the full amount on her credit card

The claim is about a car and the full amount is 19k

Rich_the_owl

https://forums.moneysavingexpert.com/discussion/comment/81974811#Comment_81974811

Yes, this is exactly my thought process too

Makes you wonder though, if there ever was a situation where the invoice was in person 1’s name, but it was ALL paid for in person 2’s name would that completely invalidate S75? This seems harsh to me

eskbanker

https://forums.moneysavingexpert.com/discussion/comment/81974883#Comment_81974883

Yes, there are many such examples - it's perhaps worth bearing in mind that this is legislation from 1974, when the credit landscape was entirely different and typically involved credit specifically arranged for individual major purchases, so it was never intended to be some sort of safety net for everyday credit card transactions.

Grumpy_chap

https://forums.moneysavingexpert.com/discussion/comment/81974879#Comment_81974879

Yes, your wife (not you) has to make the claim against her CC.

Given this is a car, the CC will be a slow process and require substantial evidence before paying out.

Remember, S75 only makes the CC jointly and severally liable for breach of contract / breach of consumer rights.

Why are you pursuing the CC and not the Dealer?

Do grounds for rejection actually exist?

Have you rejected the car?

Where is the car now?

What alternative transport are you using now that the car is not available?

born_again

For anyone wanting a bit of history on this

https://forums.moneysavingexpert.com/discussion/6653568/consumer-rights-for-engine-failure-on-car

Personally I see no S75 here, given that thread.

Rich_the_owl

https://forums.moneysavingexpert.com/discussion/comment/81974911#Comment_81974911

Thanks for the further clarification

I have pursued the dealer, raised this with them 6 weeks ago (via phone and official email) and they have not provided any update. Chased them several times and they just tell me 'theres no update, it's still being looked at.' I'm not waiting any longer, they're just hoping it goes away

Yes, grounds do exist. The car suffered a complete engine failure and we have been quoted £10,000 from the car manufacturers approved garage for a new engine. This is a car which has full service history, which we have only owned for 1 year and done less than 7,000 miles driving. When we bought it, it had 30,000 miles done. It does not pass the “satisfactory quality” and “last a reasonable amount of time” test for a product which costs £18,998

The car has been diagnosed by the approved manufacturer dealership garage, who state a faulty Spark Plug (electrode missing) was the cause of the car engine failing. This was fitted by the dealer prior to me purchasing the car. They have already confirmed that they replaced the spark plugs prior to selling the car to us.

The car was towed back to our house several days ago, prior to that it was sat in the manufacturers approved garage

I bought a cheap car to see us through for a few weeks/months (probably years at this rate) until we get this sorted

Rich_the_owl

https://forums.moneysavingexpert.com/discussion/comment/81975359#Comment_81975359

This post is outdated and some of the information is irrelevant. The reasoning behind the wet belt issue and spark plugs being replaced at x amount of miles is not particularly relevant anymore

In a nutshell, if I buy something for £19,000 with full service history, I do not expect it to last only 1 year with minimal mileage to be then told "oh you're gonna have to pay another 10k to fix it.' It doesn't pass the “satisfactory quality” and “last a reasonable amount of time” test for a product which costs £19,000. Hence, why the S75 claim given that the dealership is ignoring me.

Even if we didn't have evidence of the dealership not replacing the Spark Plugs correctly, there is still a case here. Given that we do have this evidence, it just adds more support to our case IMO

moneysaver470

I've recently gone through a couple of these and the templates end up making things so difficult- best to write it based on your own experience and make sure you include your pain points (drawing from experience).

moneysaver470

Some great additional advice here- thanks