section 75 claim against faulty vehicle

[Qams]

Hello

I have an issue with a used car purchase I recently made.

 

 

I need some help in deciding which direction to move forward.

 

I recently purchased a used vehicle from a local dealer.

 

 

Vehicle was just over 4 1/2 years old with tick over 100k miles; it’s been maintained well with FSH. Purchase price was £11k.

 

I had the vehicle inspected at the dealers after it had a very unusual drive and it was diagnosed with a fault.

 

I raised issue with the sellers team and offered to inspect the vehicle by their mechanics and if faulty will repair, I happily accepted that.

 

Vehicle was inspected by sellers mechanic and fault relayed to the seller, but for same strange reason issue not fixed.

(i suspect the cost involved in repairing outstripped the profits)

 

 

Mechanic advised to take vehicle away and once go ahead received from seller will carry out work.

 

Unfortunately after various contact with sellers team, main decision making head is either on a call, away from desk, not in till…

.., busy with a customer or not working today and can only make that one decision.

 

I finally sent a 7 day letter under the SOGA act and demanded repairs.

 

However I purchased the vehicle with a small deposit paid by my credit card

so raised a section 75 claim for partial refund for repair costs quoted from dealer to put vehicle right.

Repairs have not been carried out yet.

 

Talking with the credit card it may take a while before it will be settled and maybe longer if forwarded to the ombudsman.

 

I am thinking of starting the small claims court procedure also.

 

Is it best to wait till the s75 finale decision is made?

 

What is generally reasonable time for s75 claim to be settled or a decision made?

 

I am just noticed another thread on this site about the same dealer,

and it seems the tacts are very similar to avoid paying costs.

[Conniff]

It shouldn't go amiss that there are more complaints about and against car dealers than all other industries put together. They have no care for customers and just want a quick buck even if that means lying and conning the customer.

 

If you used your Credit card for part of the purchase, they are also jointly liable for the whole amount not just the bit paid with the card. How much did you pay using your card ?

 

I would write to the dealer using next day signed for, (a couple of quid but worth it). In it you tell him exactly what was said at purchase and tell him he has 7 days to contact you with a solution. You also say that should he fail to contact you by 7 days, then you will escalate it to a claim.

 

You can take it elsewhere for diagnosis but you will have to pay for that, (recoverable in a claim from the dealer should they not play ball), so only do that at a VAT registered garage and get a full written report. Without that it wont be worth doing.

 

Do you know what the fault is ? if not, what were the symptoms ?

[Qams]

I paid £3k on c/card and rest by bank...

 

fault is difficult changing gears and clutch slipping,

 

 

dealer inspected it and confirmed clutch faulty and needs replacing.

 

I have written/signed for to the seller giving 7 days to repair but no reply from seller

and now escalated section 75 route for refund to cover costs of repairs.

 

what are your thoughts on starting a small court claim simultaneously or await section 75 decision?

[Conniff]

I would definitely send the dealer a Letter Before Action giving him a further 7 days or action will be taken without further notice.

 

 

If they aren't responding, especially knowing the problem is there and up to them to fix, it is because they think you won't go through with it. So many say they will go to court but get their bluff called because they don't take that route.

 

 

You can start your claim here - https://www.moneyclaim.gov.uk/web/mcol/welcome

[j66]

Would it have any bearing on the outcome that the part concerned is a wear and tear part whose life can be greatly affected by how it is used and that it could have already covered 100,000 miles?

[heliosuk]

Would it have any bearing on the outcome that the part concerned is a wear and tear part whose life can be greatly affected by how it is used and that it could have already covered 100,000 miles?

 

 

Yes it would actually and it would be easy for the dealer to put up a fairly robust defence on that basis however as usual details are sketchy. If it was top book then yes go for it but if the price paid was substantially below that then I'm not so sure it would be clear cut. At 100K miles the car is at the end of anticipated design life.

[j66]

Yes it would actually and it would be easy for the dealer to put up a fairly robust defence on that basis however as usual details are sketchy. If it was top book then yes go for it but if the price paid was substantially below that then I'm not so sure it would be clear cut. At 100K miles the car is at the end of anticipated design life.

 

So it's not clear cut then. There could be a case of the dealer asking for a contribution to the repairs as there would be an element of betterment by replacing a wear and tear part.

[Conniff]

Yes it would actually and it would be easy for the dealer to put up a fairly robust defence on that basis however as usual details are sketchy. If it was top book then yes go for it but if the price paid was substantially below that then I'm not so sure it would be clear cut. At 100K miles the car is at the end of anticipated design life.

 

 

Seller was aware of the problem and agreed to repair it. Wear and tear means nothing when the fault is notified at the time of purchase. It's probably a duel mass so more costly than just a clutch so they are trying to ignore you hoping you will go away.

 

 

You should take it elsewhere for a proper diagnosis so you know exactly how much it will cost to repair. You then have the choice of telling the seller he has 7 days to repair or you go to court or he has 7 days to repair or you will take it to the main dealer for repair

and make a court claim against them for the cost of the diagnosis, the repair and the court fees. It was not sold as Spares or Repairs.

 

 

Remember the car must be of 'Satisfactory Quality' and 'Fit for Purpose', with the clutch gone it is neither.

[Qams]

Would it have any bearing on the outcome that the part concerned is a wear and tear part whose life can be greatly affected by how it is used and that it could have already covered 100,000 miles?

I thought wear and tear can come in play if the item was fit for its purpose when purchased and fair reasonable period of use has been made taking in consideration the age and mileage, however in this instance it was reported back to the seller within 7 days , will this be a fair reasonable time of use?

if a vehicles is past it's expected reliability after 100k miles , will it be correct to assume all vehicles sold with 100k miles or above are deemed as spares or repairs?

[Qams]

I agree with conniff, wear and tear has to be over a reasonable period before it can be put as a defence.

[Qams]

So it's not clear cut then. There could be a case of the dealer asking for a contribution to the repairs as there would be an element of betterment by replacing a wear and tear part.

if a faulty part is being replaced by new and seller request partial contribution as its claimed betterment, i do not understand why I should contribute, it's the sellers responsibility to put the vehicle right ,warrants the repair is safe and reasonable.i

[carbuyer101]

if a faulty part is being replaced by new and seller request partial contribution as its claimed betterment, i do not understand why I should contribute, it's the sellers responsibility to put the vehicle right ,warrants the repair is safe and reasonable.i

 

Did you make any progress with the section 75 or small claims court?

 

Currently in the process of doing a section 75 myself. These dealers think they can run a business and accept no responsibility or risk at all.

[Qams]

I have started a section 75 claim with the c/c company and awaiting their decision.

I will update once hear anything back

[Qams]

I have started a section 75 claim with the c/c company and awaiting their decision.

I will update once hear anything back

Spoke with the case handler yesterday in c/c. Quite happy with all paperwork submitted and now ready to proceed with next stage, I believe starting the chargeback process with the seller.

Will update any further process has been made or settled.

Currently in 6 week time period from raising claim.

[Conniff]

That's good.