Credit Card Joint Liability
Discussion
Basically I purchased a car using my credit card and while driving it home faults became apparent. Dealer agreed to have car worked on at garage local to him. Collected car from said garage, faults still present, including some parts which clearly had not been replaced despite being listed on the invoice received from garage. Dealer does not dispute that the car is faulty.
I wish to exercise my right under CGA 2015 to reject the car. Informed dealer of this. Dealer not happy to refund car.
Raised dispute with credit card company, but they claim to only be able to offer to have the car repaired at their expense, not assist with refund. Is this true?
I've tried to read up on all this stuff, but I'm an accountant not a solicitor. To me, CCA 1974 would suggest they are jointly liable, can I then not exercise my rights under CGA 2015?
Confused and sick of having 2 cars parked outside (not driving this one due to faults/dispute) taxed, insured etc, and would really like to have this bee out of my hair.
Any advice gratefully received.
I wish to exercise my right under CGA 2015 to reject the car. Informed dealer of this. Dealer not happy to refund car.
Raised dispute with credit card company, but they claim to only be able to offer to have the car repaired at their expense, not assist with refund. Is this true?
I've tried to read up on all this stuff, but I'm an accountant not a solicitor. To me, CCA 1974 would suggest they are jointly liable, can I then not exercise my rights under CGA 2015?
Confused and sick of having 2 cars parked outside (not driving this one due to faults/dispute) taxed, insured etc, and would really like to have this bee out of my hair.
Any advice gratefully received.
The Act in question is the CRA not the CGA. Don't let being an accountant rather than a solicitor allow your brain to go all fuzzy. 
It just requires reasonable intelligence and knowing the relevant part of the Act to focus your attention on. See Section 24(5)(a) and the explanatory notes which cover the exact situation you are describing.
The dealer's unhappiness does not trump legislation. Some of them still seem to struggle with this concept 15 months after the Act came into force.
Re the parts that were listed on the repair invoice but not fitted: if they were required to remedy the fault(s) I would love to see him explain that one to a judge.
Re your credit card provider: it appears to be trying to cop out on you. The one attempt at repair provided for by CRA 2015 has already taken place and failed. Trying again, even at the credit card company's expense, could be counterproductive and might well jeopardise your ability to reject.* You may have been speaking to somebody at the wrong level: escalate it up the food chain. If you get blocked at the next level I find that a polite letter to a senior executive (if necessary the CEO) usually gets results. A bit of Googling will soon reveal who you should be communicating with.
With both the dealer and the card company put everything in writing so that you have a paper/audit trail which can be referred to down the line and produced in court if push comes to shove.
* Be aware of the time limits (see Section 22) for delivering a notice of rejection to the dealer. Don't allow negotiations with your credit card provider to let this slip.
It just requires reasonable intelligence and knowing the relevant part of the Act to focus your attention on. See Section 24(5)(a) and the explanatory notes which cover the exact situation you are describing.The dealer's unhappiness does not trump legislation. Some of them still seem to struggle with this concept 15 months after the Act came into force.
Re the parts that were listed on the repair invoice but not fitted: if they were required to remedy the fault(s) I would love to see him explain that one to a judge.
Re your credit card provider: it appears to be trying to cop out on you. The one attempt at repair provided for by CRA 2015 has already taken place and failed. Trying again, even at the credit card company's expense, could be counterproductive and might well jeopardise your ability to reject.* You may have been speaking to somebody at the wrong level: escalate it up the food chain. If you get blocked at the next level I find that a polite letter to a senior executive (if necessary the CEO) usually gets results. A bit of Googling will soon reveal who you should be communicating with.
With both the dealer and the card company put everything in writing so that you have a paper/audit trail which can be referred to down the line and produced in court if push comes to shove.
* Be aware of the time limits (see Section 22) for delivering a notice of rejection to the dealer. Don't allow negotiations with your credit card provider to let this slip.
Thank you for the help all...
Red Devil said:
The Act in question is the CRA not the CGA. Don't let being an accountant rather than a solicitor allow your brain to go all fuzzy.
Aha whoops - I seem to have made up a hybrid of SOGA and CRA! Red Devil said:
Re your credit card provider: it appears to be trying to cop out on you.
I'm glad you say this, I feel the same but they claim to only be able to act under CCA. Is your view that their joint liability and my right to reject are compatible? The chap I spoke with (who seemed helpful and knowledgeable) felt that they could only support remedial work. Red Devil said:
Be aware of the time limits (see Section 22) for delivering a notice of rejection to the dealer. Don't allow negotiations with your credit card provider to let this slip.
Thank you, noted, off to read about this. I had not realised that I need to serve a notice of rejection on the dealer. PurpleMoonlight said:
You don't state a time line and it's important.
When did you purchase the car?
When were the faults reported?
When was the attempted repair?
When did you notify the dealer of your rejection?
Car was purchased early June, faults became apparent on the drive home and I pulled off the dual carriageway and spoke with the dealer directly. Call from my mobile are recorded so I have a transcript of this. Attempted repair was about a week later. I'm wondering now if I have 'notified of rejection' although I did write to him via iMessage informing him I would like to reject car under CRA 2015. I'm off to read up on notification requirements now. When did you purchase the car?
When were the faults reported?
When was the attempted repair?
When did you notify the dealer of your rejection?
eatcustard said:
Also age of car
2005. Other than 'condition consummate with age' does this have any other bearing? legislation.gov.uk said:
108.Subsection (5) sets out what the consumer must do to exercise one of these rights: they must indicate to the trader that they are rejecting the goods and treating the contract as at an end.
109.Subsection (6) clarifies that, as long as the meaning of the indication is clear, it does not matter what form it takes.
I quoted the Consumer Rights Act in an iMessage asking him to honor a refund after the attempted repair, and also set him screenshots from the Trading Standards and Citizens Advice websites explaining the legislation and my rights/responsibilities. So I think I have complied with this?109.Subsection (6) clarifies that, as long as the meaning of the indication is clear, it does not matter what form it takes.
Million dollar question (actually more like £5.5k) - how do I persuade/encourage/force the trader to issue a refund?! Is small claims court the only option?
bwk said:
Million dollar question (actually more like £5.5k) - how do I persuade/encourage/force the trader to issue a refund?! Is small claims court the only option?
You could suggest ADR to the trader. Small claims could be stressful, time consuming and may not even get you your money back.I would persist with the CC route. If they're not playing ball it could be because they don't think your case against the dealer is strong enough - perhaps either they don't deem the fault(s) serious enough and/or they would like to see more evidence of the fault(s).
You could try giving Citizens advice a ring to check what your CC company's obligations are, then maybe contact your CC company again and ask what you need to provide for them to accept your claim.
What is the car and what are the faults? How does the price you paid compare to other examples for sale?
Edit: I would backup/screenshot your messages and phone recordings now along with any other relevant evidence (advert, photos/video showing fault(s) etc.).
Edited by petrolbloke on Wednesday 31st August 13:58
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