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Section 75 for vehicle repair

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  • Section 75 for vehicle repair

    Apologies for the long read.

    Bought a used vehicle with a couple of issues, listed below. Vehicle was purchased at the end of March this year over the phone and was delivered to my house. Balance was paid by a small bank transfer for initial deposit, part exchange the majority and a reasonable chunk on credit card.

    First issue - The car was described as having full service history (2 year 21,000 mile intervals) and has two service records, not the three it should have (70,000 miles now).

    Second issue - large chip in the windscreen on delivery which has subsequently cracked - I get this one is hard to prove and it's a used car so maybe take this on the chin.

    Third biggest issue - The car has a rattle coming from the timing chain - I have sent a video of this to two independent mechanics who have both said sounds exactly like the issue it would cost over £2,000 to replace and rectify.

    I tried contacting him Thursday and Friday via email and got no reply, so had to call him Saturday, he told me he did receive the emails but was busy with his family - fine no problem. I initially asked him to have a look or if he was happy for me to get a report from the mechanics who had heard the video and send it to him. He is about a 170-180 mile round trip away so it's not somewhere I can just pop back too. He said on the phone, "the car is lovely, but this engine can suffer from this issue, it's quite common and it's not down to me to replace it, you should contact the manufacturer (the car is just over 5 years old so well out of warranty), I can get it done with my trade discount at my mechanic for you". I was a bit taken back by this having owned the car two weeks being told it has a common fault and I should be expected to pay to replace. I said to him at this point, if it's a case you're not interested in helping I wish to exercise my rights to reject the vehicle under the 14 day ruling (this was day 13). He then stated that I don't have any distance sale rights as I paid the balance when his driver delivered the car to my house. I can't see that he's correct on this point as I never once visited his premises.

    He said if I could get the car to his mechanic on Monday morning (late Saturday he said this) they can do a diagnosis and if it's a fault then he will give my part exchange back and reverse the deal but only if his mechanic states there is a fault, no one else. I said to him it's impossible for me to get time off work at such short notice, plus the fact his mechanic could be prompted to say anything, I can book it in somewhere else when I can get time off but at a garage more local to me. He said fine but this must be done within 7 days and I need a full detailed report confirming the issue. He wants to return my part exchange and reverse the deal but only if a report confirms the fault.

    Now I actually really like the car issues aside (hence why I bought it),I've reiterated this fact to him numerous times. I've had it professionally detailed, booked it in for a service with the main dealer as it's a car we planned on keeping for a long time. My part exchange was a very nice car and genuinely fault free, but it just no longer suits our needs and we don't really want not back as he's stated it'll have another owner listed and be devalued.

    I wonder if a section 75 claim would cover the cost of a repair and the cost of the report to say there is a fault and have them battle this unnecessary saga out with the dealer. I'd much prefer the car fixed and keep the vehicle, but he isn't offering that as an option and insists that car is fully working fault free.

    Thanks in advance.



    Tags: None

  • #2
    You would probably do better to reject the car and demand a refund, notifying the card company of a potential claim under s75 Consumer Credit Act 1974. You have 30 days from the day on which you took delivery of the vehicle to exercise your short term right to reject under s22 Consumer Rights Act 2015.
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

    Comment


    • #3
      Thank you for that. As I understand it, I have to accept the part exchange back if he agrees to a refund? This is basically the only option he's given once he has an official report and I have no recourse over not really wanting it back or it having an extra owner etc?

      Comment


      • #4
        You are entitled to the return of your car, assuming it is still available to return. If it is not available to return then you would be entitled to the value amount assigned to the part exchange which you agreed to as part of the deal.

        I'm afraid you don't get to decide whether to take the car back or not, the intention is to put the parties back in the same position (so far as possible) before the sale was concluded. If that means the dealer is going to hand back the car as part of any refund, then he is entitled to do that although you could barter with him to pay you a cash equivalent but you may have to agree something less than the value that was assigned to it to make it worth his while and i'm guessing to avoid any inconvenience to you of having to take it back.

        Failing that, not much more you can do.
        If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
        - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
        LEGAL DISCLAIMER
        Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

        Comment


        • #5
          That’s understandable. There’s no issue with the part exchange, I’d just prefer not having to re-sell, re-negotiate with another dealer on prices. However, at least I know it works correctly!

          Comment


          • #6
            The issue was more finding out if Section 75 would cover me if he accepts a report and offers to refund me, as I do like the new car.

            Comment


            • #7
              Well, if you wanted to keep the car, you don't have to exercise your short term rejection. You can instead exercise your right to repair the vehicle, though you cannot force the dealer to agree to this but if they do refuse, it could be treated as a repudiatory breach and you will have a right to nd the contract and claim compensation.

              As for s.75, credit card companies have joint and several liability so you can claim against the credit card company as well as the dealer but the credit card company will have the same rights to defend as the dealer would.
              If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
              - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
              LEGAL DISCLAIMER
              Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

              Comment


              • #8
                If there is a fault with the timing chain the car should not be driven distance, certainly not 90 miles back to the dealer. If the timing chain were to break the engine will probably suffer serious damage, and cost a lot more than £2k to repair or replace the engine

                You should phone your local garages to find out whether they will provide you with a typed report on the timing chain after listening to the rattle with an automotive stethoscope and provide an estimate or quote for the repair work. Be prepared to pay for the report and keep the invoice

                If you can't find a garage who will do this, try the AA, RAC or search online for a qualified automotive engineer.

                Then go back to the dealer with the report and price for repair, plus inspection cost, and try to negotiate a partial refund that you could accept.

                Two services on a 5 year old car with 70k miles on the clock doesn't sound enough. Check the car's service manual before pointing out to the dealer that the car may have been misrepresented when it was advertised "with full service history". This would strengthen your case for a partial refund. Dirty engine oil caused by lack of servicing may have caused the chain to rattle

                If you can't reach an agreement with the dealer you should reject the car
                Last edited by Pezza54; 17th April 2024, 10:44:AM.

                Comment


                • #9
                  I've got it booked in for the 29th April which is the soonest I can get it in anywhere. I've asked the garage to give me an earlier slot should it become available again. I've got limited means of transport other than this car but will be doing very minimal journeys.

                  I'll send this report straight to the dealer. I don't see any negotiation from him at all at this point, just a simple refund if he gets a report. Even that I'm not sure of to be honest. I really don't see why this has turned into such a fiasco. Well I do he isn't interested in helping or returning any money.

                  Two services aren't enough. It should had a service at 21,42 & 63,000 miles. Its had one at 20 & one at 40. I've mentioned this to him as it was specifically advertised with full service history but he hasn't even discussed that point.

                  I contacted the card company today to say there's a potential issue coming up, which now they've got the details I should hope to expect a reply within 10 days, however we'll see how that goes.

                  Comment


                  • #10
                    I doubt you will get a definitive answer from your credit card company. They will want to wait until you obtain a garage report, have sent the report to the dealer and you have received a reply from the dealer refusing an acceptable solution
                    Try to get the inspection report earlier, on 29 April you will be close to your 30 day short term right to reject the vehicle

                    Comment

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