Section 75 on Used Car Purchase - faulty

[CraigyD01]

Hello everyone. I’ll try and keep this as brief and uncomplicated as I can!

My son bought a car from a car dealer - part paid by me, his Dad on my debit card and part paid by him (over £100) by a credit card where he’s an authorised 2nd user. Primary cardholder is my wife. The car would be used by all of us in the family, so not just one person. Myself and my wife are insured to drive the car.

Had the car 1 week and found an issue with knocking suspension. Got in touch with dealer who advised to get a garage to diagnose fault and he’d sort cost out.

Went to a garage for diagnosis and they confirmed suspension fault, but also that clutch was slipping and needed replacement.

Went back to dealer, advised same and he took car back to get it fixed agreeing fault with both suspension and clutch. Dealer took car to 3rd party garage for repair.

2 weeks later, car allegedly fixed. However dealer noticed still fault with clutch not engaging 1st gear. Asked for more time to get 3rd party garage to take a further look and replace clutch again if necessary.

Dealer has offered full refund, but my son wants the car fixed, not refund.

if I just asked for the car to be returned in its current ‘faulty’ state, on the basis the 3rd party garage have tried unsuccessful to fix it already, can I claim the costs for the car to be repaired by a specialist of my choosing.

Thanks.

[atticus]

Take the refund.

[Pezza54]

Hi Welcome to LB

Sorry to be the bearer of bad news
For a S75 claim the main card holder needs to be the purchaser of the goods.

By attempting to repair the car, then offering a full refund if the car is returned, the dealer has fulfilled his legal liability under the Consumer Rights Act
It is unlikely the dealer will agree to your proposal as he doesn't have any control over the repair price

[CraigyD01]

Under Section 75, you are still covered by a 2nd cardholder making the purchase, but the purchase has to be for the benefit of the primary cardholder, so in this case it is as it’s a shared car between members of the family, which includes the primary cardholder, evidenced by them being included in the insurance to drive the car.

[atticus]

In circumstances where a complete refund has been offered by the trader a s75 claim will fail.

[Pezza54]

Under Section 75, you are still covered by a 2nd cardholder making the purchase, but the purchase has to be for the benefit of the primary cardholder, so in this case it is as it’s a shared car between members of the family, which includes the primary cardholder, evidenced by them being included in the insurance to drive the car.

Yes I have read that, but don't expect an easy ride with the credit card company or the FOS

FOS "Understanding your rights"

"4 Myth: It doesn't matter who used the credit card

Fact:: Section 75 only applies if the primary cardholder uses the credit card to purchase something for themselves"

Which also advises that the primary cardholder makes large purchases to ensure S75 cover

[echat11]

https://www.financial-ombudsman.org....out-section-75