Breach of contract s75?

mc303m
mc303m Posts: 63 Forumite
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in Credit cards
Hi, is this a breach of contract?
Having bought a used car with low mileage and full service history, (described as excellent condition) within 14 days i reported to the dealer there was a major fault, having then had 3 separate garages identify the same fault the dealer said they would have it repaired, the car was returned to me after 2 days and i was assured that all the work had been carried out and the fault had been resolved, well in actual fact the same fault is still there, so my question is, is this a breach of contract under s75?
thank you for your time :)
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Comments

  • [Deleted User]
    [Deleted User] Posts: 35,242 Forumite
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    If you've been charged for the work and it hasn't been done, yes. If the work was done and the fault, or a similar one, has reoccurred, no.

    Depends on exactly what was done.
  • mc303m
    mc303m Posts: 63 Forumite
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    Deleted_User wrote: »
    If you've been charged for the work and it hasn't been done, yes. If the work was done and the fault, or a similar one, has reoccurred, no.

    Depends on exactly what was done.

    dealer paid for the fault, but has not resolved the issue
  • [Deleted User]
    [Deleted User] Posts: 35,242 Forumite
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    Then it's an argument of whether the condition of the car reflected how it was sold to you, and whether the fault was there at the time.
  • mc303m
    mc303m Posts: 63 Forumite
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    Deleted_User wrote: »
    Then it's an argument of whether the condition of the car reflected how it was sold to you, and whether the fault was there at the time.

    I pointed this out to the dealer before purchase, and was reassured it was not the fault i had mentioned, however it appears it was.
  • chattychappy
    chattychappy Posts: 7,302 Forumite
    The fact they took the car back for repair rather suggests they agree they were responsible for the fault. The fault still being present suggests a breach to me.
  • jonesMUFCforever
    jonesMUFCforever Posts: 28,898 Forumite
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    OP do you have a warranty?
    If so use this.

    S75 is not a subsitute for this.

    However if you can prove the fault was on the car when you bought it ,and you will need to pay for an independent report to confirm this, you can then involve the credit card if the garage refuse to help you.
  • mc303m
    mc303m Posts: 63 Forumite
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    jonesMUFCforever wrote: »
    OP do you have a warranty?
    If so use this.

    S75 is not a subsitute for this.

    However if you can prove the fault was on the car when you bought it ,and you will need to pay for an independent report to confirm this, you can then involve the credit card if the garage refuse to help you.

    Thank you, does s75 cover not fit for purpose?
  • jonesMUFCforever
    jonesMUFCforever Posts: 28,898 Forumite
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    mc303m wrote: »
    Thank you, does s75 cover not fit for purpose?

    Yes but you have to prove it.
  • chanz4
    chanz4 Posts: 10,890 Forumite
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    also have to prove its not a simple fix
    Don't put your trust into an Experian score - it is not a number any bank will ever use & it is generally a waste of money to purchase it. They are also selling you insurance you dont need.
  • mc303m
    mc303m Posts: 63 Forumite
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    Update :) having contacted the credit card company under S75, they are now taking on the dispute, however, their employee told me they would try to recover the £2000 deposit, which is only 20% of the price i paid for the vehicle, the dealer i bought the car from has refused me any refund outright, do i have to pursue the remaining amount under the 2015 Consumer Rights Act? i was under the understanding, having read S75 that i could claim for the full amount as the seller is in breach of contract. please advise.
    Thank you
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