Section 75

BFG_2 · 30 June 2005 at 10:11AM

Bought 2nd hand car (£7500), paid £250 on cc. Had towbar fitted.

16 days later car broke (major engine failure); I 'rejected' car under sale of goods act (having first checked with TSO).
Dealer said 'not my fault, see you in court'; have written to CC for a refund under Section 75.

Questions are
1. Can I claim (from cc) cost of the towbar?
2. Can I claim cost of recovery/transport to garage?
3. Can i claim cost of storage at garage whilst getting sorted out?
4. Can i claim cost of hire car whilst I'm waiting to get the refund?

Thanks in advance
BFG

trace-j · 30 June 2005 at 10:22PM

BFG wrote:

Bought 2nd hand car (£7500), paid £250 on cc. Had towbar fitted.

16 days later car broke (major engine failure); I 'rejected' car under sale of goods act (having first checked with TSO).
Dealer said 'not my fault, see you in court'; have written to CC for a refund under Section 75.

Questions are
1. Can I claim (from cc) cost of the towbar?
2. Can I claim cost of recovery/transport to garage?
3. Can i claim cost of storage at garage whilst getting sorted out?
4. Can i claim cost of hire car whilst I'm waiting to get the refund?

Thanks in advance
BFG

1. Why not towbar not much use on its own. Besides contract wasn't for a towbar on its own, was a towbar affixed to a car of satisfactory quality.

2. Yes, consequential losses for the sellers breach of contract (i.e. SGA)

3 & 4. You'll need to be careful here, although you may be pursuing for breach of contract you still have a duty to keep your costs/losses to a minimum. I'd double check back with Trading Standards. If the seller knew you needed to car to do your job or other critical function and was part of the contract then can argue necessary for hire car. Otherwise you'll need to keep alternative travel costs to a minimum, bus etc and keep receipts and tabs on the additional wasted time you have been inconvenienced and add to your claim. Is best to put a claim in for everything and then bargain from there.

Although SGA says if the product is faulty within first 6mths seller must prove not faulty at time of sale, it is not possible to expect used items to be perfect (satisfactory quality). Any other faults that are apparent can't be claimed for after purchase.

You say it was a mechanical failure, are there any hints as to what may have caused it? Sounds like the seller knows something hence saying see you in court. Although not your responsibility, any written assessment of faults will strengthen your case.

Good Luck

UPDATE: Just noticed the number of days you've had the car, you need to make sure the seller has something in writing via a Recorded Delivery stating your intention to reject the vehicle. 2nd hand cars have a shorter rejection period and under old SGA, courts have said anything after 2-3 weeks purchaser couldn't reject.