Used car can I insist on repair (s75)?

[salmon36]

Hello everyone, in July I purchased a used car from a trader advertised as excellent condition with no issues. On the way home the Engine and oil light came on. The trader became unhelpful after I initially brought the car back so I raised a section 75 with Barclaycard as this was my method of payment.

After sending in all evidence and having them send out an independent assessor it was determined the car had internal engine problems that need to be fixed. Barclaycard have said I have to return the car for full refund as the cost for repairs is too high. I would rather have the car fixed to avoid the hassle of buying another one and changing over number plates insurance etc.

so my question is can I insist on the car being repaired under the consumer rights act 2015 (and therefore s75 of CCA)? I have read the CRA and it seems to indicate the right to repair is a separate right from the right to reject however that is only my interpretation?

The car cost £1500 and the repair cost is looking at £1000-£1200

Many thanks in advance.
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[des8]

Sorry, but you can't insist on repair as Credit card issuer is relying on CRA 2015 sec23:

(3)The consumer cannot require the trader to repair or replace the goods if that remedy (the repair or the replacement)—
(a)is impossible, or
b)is disproportionate compared to the other of those remedies.

You can claim your costs as well as the cost of the vehicle:
CRA 2015 sec 19 (11) (a)
Those other remedies include any of the following that is open to the consumer in the circumstances—
(a)claiming damages;

[salmon36]

Many thanks for the advice , I wasn’t sure on how ‘disproportionate’ is defined. Thank you for clarifying RE damages too.