Nightmare used car sale (dealership)

[elwon20]

That's a good call. Assuming I got it diagnosed and wanted to go ahead with a repair though, how would this affect my S75?
Could I:

a: change the terms of the S75 to enforce them to pay for the repairs I've undertaken myself?
b: Close my current S75, and reopen a new S75 to try and enforce them to pay for the repairs I've undertaken myself?

Or is it just a case of, if I get it repaired myself S75 is completely off the table, and I have to take it to small claims courts?

[elwon20]

That's a good call. Assuming I got it diagnosed and wanted to go ahead with a repair though, how would this affect my S75?
Could I:

a: change the terms of the S75 to enforce them to pay for the repairs I've undertaken myself?
b: Close my current S75, and reopen a new S75 to try and enforce them to pay for the repairs I've undertaken myself?

Or is it just a case of, if I get it repaired myself S75 is completely off the table, and I have to take it to small claims courts?

If anyone has a clue about this I'd be really grateful.
I just want to get the car fixed asap (regardless of cost), I really don't want it sat on my drive for the next 3-6 months. I need it for transport.

Thanks

[des8]

If you have a claim against the trader you have a like claim against the credit card issuer.

[elwon20]

If you have a claim against the trader you have a like claim against the credit card issuer.

But would I have a legitimate claim against the trader if I chose to have the repairs done myself before claiming? Or would this significantly hurt my claim?

As of now, they have declined any refund, or repairs unless I pay an extra £1000 which they claim to be outstanding. Am I within my rights to get the car repaired and then claim for the costs?

Also, would I be better off cancelling the S75 and then re-opening it after the repairs are complete?

I guess my concern is if I have a 90% chance of getting a refund if I do nothing... but only a 10% chance of getting a refund for the repairs if I go ahead and have it repaired... I'd go with the refund and do nothing. I just don't know how (if at all) getting the repairs done and claiming the costs affects my current position.

I've been told a proper/full diagnosis will involve removing and opening the gearbox. Which is 50% of the work/costs/time of getting it repaired!

If getting it repaired won't significantly affect my current position as far as a claim is concerned against the seller or the card issuer, I absolutely just want to get it repaired asap so I have a usable vehicle during the process. Otoh, if I'm far less likely to get my money back for a repair than I am a full refund, I certainly wouldn't bother getting it repaired.

I realise this is all case-by-case but at this point, any subjective viewpoint is better than none!

[des8]

The trader has declined to refund or repair.

You are entitled to proceed with the repairs and then claim the cost from the trader or Credit Card issuer,

I would not withdraw the sec 75 claim.
If needs be you can amend the amount claimed, or even decline the full amount if the credit card issuer agrees a full return.

There is never ever a 100% certainty of winning any court case, but on the information supplied you seem to have a very good case.

Only you can decide what action to take

[elwon20]

The trader has declined to refund or repair.

You are entitled to proceed with the repairs and then claim the cost from the trader or Credit Card issuer,

I would not withdraw the sec 75 claim.
If needs be you can amend the amount claimed, or even decline the full amount if the credit card issuer agrees a full return.

There is never ever a 100% certainty of winning any court case, but on the information supplied you seem to have a very good case.

Only you can decide what action to take

des8 Des8, you are incredibly helpful! Thank you so much for all of your time and advice.

I want to go ahead with getting it repaired and the S75 claim. However, I've spoken to my credit card provider, who in turn was very helpful and even spoke to his manager. And his managers' claim was that they must contact the dealership themselves and give them the opportunity to repair the vehicle. If I were to go ahead with getting it repaired, they would not be able to cover that... Which directly contradicts what you've just said *facepalm*.

I'm far more inclined to believe you than them when it comes to my rights!

At the same time, I've heard it from the horse's mouth that no matter what my rights are legally... my credit card provider would likely dispute it and not follow through if I were to get it repaired.

[des8]

Please don't speak with any of the other side.
Keep everything in writing, and if you can't avoid a conversation confirm its content in writing

So now write (email OK) back to your credit card issuer and point out that according to CRA 2015 if they intend to get the vehicle repaired they must do so "within a reasonable time and without significant inconvenience to the consumer" CRA 2015 23 (2) (a),
As the dealer has already refused and you cannot delay further you expect their decision within 7 days of you raising the sec 75 claim.
A reasonable time is not defined and depends on the circumstances.
They won't like it, but their normal timescale is something like 8 weeks, which in your case I would think as unacceptable, so push for a week and get decision within two!


Regarding your right to claim damages see the excerpt below:

Consumer Rights Act 2015
19 Consumer’s rights to enforce terms about goods

(9)This Chapter does not prevent the consumer seeking other remedies—

(a)for a breach of a term that this Chapter requires to be treated as included in the contract,

(b)on the grounds that, under section 15 or 16, goods do not conform to the contract, or

(c)for a breach of a requirement stated in the contract.

(10)Those other remedies may be ones—

(a)in addition to a remedy referred to in subsections (3) to (6) (but not so as to recover twice for the same loss), or

(b)instead of such a remedy, or

(c)where no such remedy is provided for.

(11)Those other remedies include any of the following that is open to the consumer in the circumstances—

(a)claiming damages;

(b)seeking specific performance;

(c)seeking an order for specific implement;

(d)relying on the breach against a claim by the trader for the price;

(e)for breach of an express term, exercising a right to treat the contract as at an end.

That section permits you to claim the remedy of damages which is basically an award to place you in the position you would have been had the contract actually been performed.
So if you have the vehicle repaired after the dealer has refused you are perfectly entitled to have it repaired and then claim from him


Obviously have not the benefit of seeing the trader's defence

[elwon20]

Please don't speak with any of the other side.
Keep everything in writing, and if you can't avoid a conversation confirm its content in writing

So now write (email OK) back to your credit card issuer and point out that according to CRA 2015 if they intend to get the vehicle repaired they must do so "within a reasonable time and without significant inconvenience to the consumer" CRA 2015 23 (2) (a),
As the dealer has already refused and you cannot delay further you expect their decision within 7 days of you raising the sec 75 claim.
A reasonable time is not defined and depends on the circumstances.
They won't like it, but their normal timescale is something like 8 weeks, which in your case I would think as unacceptable, so push for a week and get decision within two!


Regarding your right to claim damages see the excerpt below:

Consumer Rights Act 2015
19 Consumer’s rights to enforce terms about goods

(9)This Chapter does not prevent the consumer seeking other remedies—

(a)for a breach of a term that this Chapter requires to be treated as included in the contract,

(b)on the grounds that, under section 15 or 16, goods do not conform to the contract, or

(c)for a breach of a requirement stated in the contract.

(10)Those other remedies may be ones—

(a)in addition to a remedy referred to in subsections (3) to (6) (but not so as to recover twice for the same loss), or

(b)instead of such a remedy, or

(c)where no such remedy is provided for.

(11)Those other remedies include any of the following that is open to the consumer in the circumstances—

(a)claiming damages;

(b)seeking specific performance;

(c)seeking an order for specific implement;

(d)relying on the breach against a claim by the trader for the price;

(e)for breach of an express term, exercising a right to treat the contract as at an end.

That section permits you to claim the remedy of damages which is basically an award to place you in the position you would have been had the contract actually been performed.
So if you have the vehicle repaired after the dealer has refused you are perfectly entitled to have it repaired and then claim from him


Obviously have not the benefit of seeing the trader's defence

Excellent thank you!

I have responded stating my circumstances and need for a quick resolution. Stating they have 7 days from the date of the S75 application, or I will be forced to have the vehicle transported and repaired by an independent garage, and quoting the CRA as per your suggestion.

I've also added:

"As an addendum to this. I would also like to note that the dealer charged me £125 in fees for using my card. I have since found out that this practice was made illegal in Jan 2018. And so will also be claiming this illegal fee of £125 back in addition to the aforementioned costs."

As I was unaware until yesterday that they aren't actually allowed to do this!

In reality, I will give them 7 days from today to get back to me, if they don't (I don't expect they will as when I spoke to them yesterday they hadn't even opened a case yet!). And then I'll start the process of getting it repaired.

Sound fair?