Autofarm Car Sales, Colchester - Used car can I insist on repair? (section 75)

[piv08]

Hello everyone, in July I purchased a used car from a trader advertised as excellent condition with no issues.

On the way home the Engine and oil light came on.

The trader became unhelpful after I initially brought the car back so I raised a section 75 with Barclaycard as this was my method of payment.

After sending in all evidence and having them send out an independent assessor it was determined the car had internal engine problems that need to be fixed.

Barclaycard have said I have to return the car for full refund as the cost for repairs is too high.

I would rather have the car fixed to avoid the hassle of buying another one and changing over number plates insurance etc.

my question is

can I insist on the car being repaired under the consumer rights act 2015 (and therefore s75 of CCA)?

I have read the CRA and it seems to indicate the right to repair is a separate right from the right to reject however that is only my interpretation?

The car cost £1500 and the repair cost is looking at £1000-£1200

Many thanks in advance.
 

[BankFodder]

No, you can't insist on the car being repaired. What you can do is you can have the car repaired after having obtained independent quotes for the work and submitted the quotes to the dealer with a, say, seven day deadline to inspect the vehicle and to produce his own quote, after which you could proceed with the repairs and then tried to claim the money back from the dealer. Whether or not you could claim the cost of repairs from Barclaycard is a question which I'm not sure about. You would certainly have to submit the quotes to them as well and make sure everyone is kept in the loop in terms of what you are proposing to do so that they can carry out their own inspections and raise their objections. It will be convoluted and it won't happen very quickly. Also, Barclaycard may well be justified in saying that effectively the car is a write-off.

You haven't told us of the dealer is. Are you trying to protect them?

 

Have you really considered the consequences of having the car repaired? If the car is repaired by the dealer – who clearly is a pretty reluctant trader, you have no guarantee of the quality of the repair and furthermore if there are breakdowns in the future, you will find yourself and deal with the same dealer – if they still exist – who will be equally reluctant and who may be equally disposed to carry out shabby work at the lowest price. I would say Barclaycard also has their eye on future reliability – or unreliability. They will be aware that if they fork out for the repairs this time, then they may well find that you are knocking at their door to fund further repairs in the future in the event that the dealer doesn't meet their statutory obligations under consumer law.
Each time it breaks down and you have to deal with the supplier of the car, you are going to find that you have delays, disputes, conflicts, uncertainty as to the quality of any work which is done.

I think you are asking for trouble and I think that as you have managed to get an agreement from Barclaycard that the price should be refunded, you should bite their hands off and take it. You done very well to have managed that far.

[dx100uk]

a section 75 is not gov't by the CRA.

but by the consumer credit act

[BankFodder]

Whoops - I missed that.  Yes, quite right.

[piv08]

No am not trying to protect the dealer as they’ve been unhelpful.

Auto farm car sales Colchester Essex.

 

They asked me to bring the car back down which I did and then promised to fix before going completely dead.

 

I have obtained a couple of independent quotes which Barclaycard have (and deemed too expensive) and the dealer do not as they’ve been unresponsive from the get go.

 

Thank you for the advice , perhaps I shall have to bite the bullet and accept the banks offer .

[BankFodder]

In that case I think that the advice I have given in my earlier post is correct and it is the advice that you should follow. Frankly I don't think you have a lot of choice and for peace of mind in the future, this really is the prudent way to go.

In terms of bullet-biting, I think you would be biting a much more dangerous and nasty bullet if you decided to stay with the dealer