Is section 75 invalid if used by a business?

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matchplayer
matchplayer Posts: 47 Forumite
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in Credit cards
Is section 75 invalid if you as a sole trader buy something? I got told I could not use the consumer credit act to refuse delivery of a new Taxi, as I was a business (self employed Taxi driver) rather than a consumer? Trading standards confirmed this to be true.
I bought a Taxi over the Phone/Internet. Brand new 18 plate. From "Cab Direct" The pictures shown are different from what was delivered in respect of the Stereo entertainment system. Which had the new touch screen interface & connects to your phone via bluetooth etc. Also I requested a "Mirror meter" at £350 installed. They fitted a standard meter & it came with standard old cd player/radio.
I was refusing delivery on the grounds it was not what I thought I had ordered. I tried stating the distance selling act (Consumer credit act) now & I had seven days in which to refuse delivery & ask for my money back. They said this did not count as I was acting as a business (Taxi Driver) & as such am not covered by this act. I spoke with Trading Standards & they agreed, that as I was a business (Self employed -sole trader) they were correct & unless I could prove that I had asked for a mirror meter etc then I would just have to accept the matter as it would be costly & time consuming otherwise. (if you wish to buy a car etc over the internet we would advise going to see it first, before parting with money). Would I still be able to make a claim against section 75 of the credit card. I paid £250 deposit via that. Any help / advise much appreciated. I am happy with the car, but I would like it the way I expected. I did offer to drive down & stay a couple of nights at my expense if they wished to put it right? Change the stereo & meter, even offered to make a contribution towards the new stereo unit I expected. (as shown in their pictures). With the small print underneath-"Images for illustrative purposes only. Features vary between models." I had checked a car already purchased from them via another taxi driver. I thought I was buying the same as his, peugeot Partner. But I definitely asked for a mirror meter as I knew I required one, as a normal one would not fit with the new stereo outlay. The joy of buying a new motor has been severely disapointing now!

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  • eskbanker
    eskbanker Posts: 31,034 Forumite
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    See this recent thread for a discussion on this topic:

    http://forums.moneysavingexpert.com/showthread.php?t=5606781
  • chattychappy
    chattychappy Posts: 7,302 Forumite
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    In my opinion, this is within the scope of S75. Trading Standards do sometimes get it wrong, but I wonder if they were referring to other consumer legislation some of which won't apply. People love to say S75 doesn't apply to business purchases without ever producing case law to support their position. The key is in the "chain" - which often defeats somebody buying for a Ltd company with their personal card (different legal people). Also company cards aren't covered (not an agreement under the CCA1974 of which S75 is a part). But there is no general prohibition of S75 having effect.

    Was the "mirror meter" a separate purchase? Did you pay for that on CC? If, as I suspect, it was all on one order with a single deposit against the whole thing, then you should be OK.

    I suspect your problem might be evidence if some of what was agreed was agreed verbally. Did you get a written confirmation via internet of exactly what was agreed? Also there may be some T+Cs that might attempt to get them off the hook - including the bit about "illustrative purposes only". Unfortunately what your mate got via them has nothing to do with it, I'm afraid.
  • agrinnall
    agrinnall Posts: 23,344 Forumite
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    The OP has a duplicate thread on Consumer Rights.

    http://forums.moneysavingexpert.com/showthread.php?t=5803523
  • jonesMUFCforever
    jonesMUFCforever Posts: 28,898 Forumite
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    Neither thread has the total cost of the vehicle (taxis don't come cheap) which is an important fact to see whether the OP has any case.

    On a different thread who on earth buys a large purchase like this without seeing it first?
  • agrinnall
    agrinnall Posts: 23,344 Forumite
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    jonesMUFCforever wrote: »
    On a different thread who on earth buys a large purchase like this without seeing it first?

    I agree, it was the first thing that came to my mind.
  • matchplayer
    matchplayer Posts: 47 Forumite
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    "who on earth buys a large purchase like this without seeing it first". I currently own & drive one, have done for the last 6 years, they are robust great cars for the job! I thought about the Avensis estate tourer & went locally to Toyota for a test drive. Did not like it so went with what I know, My neighbour owns a garage & does all my servicing & repairs. Speaking with him, he assured me how good they are engine wise! Keep serviced, last forever... Done 210,000 on my current one, but feel its getting a bit tatty/ worn interior wise. My current one has the exact same cd/radio outlay, however looking on peugeot you cant see that available anymore, so I assumed (naievly-I admit, that this item had been upgraded over the entire range). It's not the actual vehicle I am complaining about, just the way they advertised the layout & not supplying exactly what I ordered in the "Mirror Meter". I can live with the cd/radio as it now has bluetooth functionality. However if i did want to upgrade this, there will be problems due to where the meter is fitted. This would not be the case if a Mirror meter had been supplied as requested. Ordinarily i would agree with your statement however one car should be the same as the other, so if you have done your research & backed by manufacturers guarantee, why not buy from cheapest supplier? In this case around £2,000 cheaper!
  • molerat
    molerat Posts: 31,855 Forumite
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    jonesMUFCforever wrote: »
    On a different thread who on earth buys a large purchase like this without seeing it first?
    Pretty much everyone who buys a brand new car. They see and test a representation of what they should be getting and may have only seen the colour on a completely different model. Until they take delivery they do not really know what they will actually be getting.
  • matchplayer
    matchplayer Posts: 47 Forumite
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    £14470 total cost including around £1000 of extras, Mirror Meter, Reversing Sensors, Mud flaps & Roof Sign.
  • jonesMUFCforever
    jonesMUFCforever Posts: 28,898 Forumite
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    molerat wrote: »
    Pretty much everyone who buys a brand new car. They see and test a representation of what they should be getting and may have only seen the colour on a completely different model. Until they take delivery they do not really know what they will actually be getting.

    ''Until they take delivery'' is the apt phrase there - I would have checked the car over making sure that extras I paid for were fitted and working - otherwise I would have walked away.
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