Used car - Section 75 claim problems

[bodger122]

Hi all,

I wonder if anyone can help me with a used car issue I havebeen having for some months now (but have only just found this forum)

Back in march I brought a used Renault scenic for £9K, over the following 2 months the car developedproblems with the seatbelts (2 faulty seatbelts) the handbrake and the steeringcolumn.

The car was MOT'd in November 2012 and passed with only wanrings on the tire tread depth.

I paid for part of the purchase on my Barclaycard, and therest of it was a trade in of my old car. I have writen to the dealer 3 times byrecorded delivery to ask them to repair the car and they have ignored my letters and refuse to take my phonecalls. So I made a claim under section 75 for either repairs or a refund as thecar was clearly misrepresented. (i have copies of the Autotrader Ad and the dealers website with the car on also)

I have had an independent AA inspection on the carconfirming the faults and had a quote to fix to faults from Renault, this camein at a whopping £2K.

Yesterday I had a call from Barclaycard saying my claim hasnot been upheld and they wont be paying out.

Is this normal for a claim like this? Is my claim valid orare they just palming me off?

Any advice greatly appreciated.

[Kosenurm]

Re: Used car - Section 75 claim problems

This is a difficult one, but very common as the majority of Section 75 claims for used cars are rejected by the card issuer.

Would it be possible to blank out personally indetifiable information and upload the final response letter Barclaycard send you? What were Barclaycard's reasons for rejecting the claim?

K.

[bodger122]

Re: Used car - Section 75 claim problems

Sure, I have not yet recieved this. they only phoned me to tell me yesterday.

is your gut feel to pursue it, or am i wasting my time?

[charitynjw]

Re: Used car - Section 75 claim problems

Hi bodger122, & welcome to Legal Beagles.

What type of finance agreement was it? (HP, unsecured loan, Bill of Sale, etc)

[labman]

Re: Used car - Section 75 claim problems

Hi bodger122, & welcome to Legal Beagles.

What type of finance agreement was it? (HP, unsecured loan, Bill of Sale, etc)

There was no finance!

[labman]

Re: Used car - Section 75 claim problems

I would reject the car as not fit for purpose and get Trading Standards involved. See HERE

[charitynjw]

Re: Used car - Section 75 claim problems

There was no finance!

Just testing - glad to see you're taking notice & not fiddling around with Wordpress!

Or were you? :suspicious:

[labman]

Re: Used car - Section 75 claim problems

Given up! Decided I'm not advanced enough to be a Dummy! Neanderthal Labaman.

[charitynjw]

Re: Used car - Section 75 claim problems

Part trade-in, balance via card.

Debit or credit card?

[charitynjw]

Re: Used car - Section 75 claim problems

Given up! Decided I'm not advanced enough to be a Dummy! Neanderthal Labaman.

Join the club, mate!

I use an abacus & a slide rule! :violin:

[bodger122]

Re: Used car - Section 75 claim problems

Hi Guys,

I paid for the remainder of the balance on my Barclaycard Credit card - Hence the section 75 Claim. As soon as i get the letter from them , ill scan it / post it on here. :tinysmile_grin_t:

[bodger122]

Re: Used car - Section 75 claim problems

Guys here is a copy of the letter Barclaycard sent to me. to me it appears to be a complete fob :tinysmile_cry_t:off.https://docs.google.com/file/d/0B73n...it?usp=sharing

[labman]

Re: Used car - Section 75 claim problems

Hmmm....... Is it possible to see a copy of the advert. There's no reason I know of why you cannot leave the dealer's name on it, but you may wish to remove it.

http://www.moneysavingexpert.com/sho...your-purchases

[bodger122]

Re: Used car - Section 75 claim problems

MAKE	RENAULT
MODEL	GRAND SCENIC
REGNUMBER
PRICE	8000
YEAR	2009
MILEAGE	25000
Publication	UKDE0
TRADEFLAG	Trade
LOAD_DATE	07-MAR-13
NAME
PHONENO_CLEAN
EMAIL
POSTCODE	SO52 9EB
ID	201310504646616
FK_SOURCE_SYSTEM	29849589
ADTEXT	2009 59 Reg Renault Grand Scenic 1.5 DCI EXPRESSION 5DR 7 SEATS NEW SHAPE, 5 Doors, Manual, Estate, Diesel, 25,000 miles, Grey. New Shape, ABS, Air conditioning, Folding rear seats, Lumbar support, Immobiliser, Passenger airbag, Side airbags, Radio/CD, Rear headrests, Steel wheels, Traction control, Heated door mirrors, Trip computer, PAS, Electric door mirrors, Isofix child seat anchor points, Remote central locking, Steering wheel rake adjustment, Steering wheel reach adjustment, Front electric windows, Rear electric windows, Alarm, Audio remote control, Front head restraints, Body coloured bumpers, Drivers airbag, Rear wiper, Height adjustable drivers seat, Cloth seat trim, 3x3 point rear seat belts. Warranty included. Part Exchange Welcome. Finance Available. SO52 9EB£8,000
EXPIRYDATE	06-SEP-13
IMAGE_COUNT	10

[bodger122]

Re: Used car - Section 75 claim problems

This is from the FSO’s own website, which states their position on used cars (albeit it should be taken with a pinch of salt as every case is judged on its own merits).

Extract from: http://www.financial-ombudsman.org.u...th-credit.html

“Consumers are entitled to expect a brand-new vehicle to be free from even minor faults, including cosmetic ones.

But the position is different where a consumer buys a used vehicle. Vehicles suffer from wear and tear during their working life and the price of a used vehicle is expected to take this into account.

Regardless of its age and price, a used vehicle must have a working engine and be safe to drive, unless it is sold with a clear statement to the contrary.

Consumers are entitled to expect that all vehicles sold will be of "satisfactory quality". What constitutes satisfactory quality for a vehicle will usually depend on all the relevant circumstances, including:

• The cost of the vehicle;
• The age of the vehicle;
• The mileage of the vehicle;
• What a reasonable person would expect of a vehicle of equivalent age and mileage; and
• Any description given (for example, "excellent runner", "suitable for spares" or "restoration project").”