Credit Card Joint Liability

[bwk]

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.

[bwk]

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.

eatcustard said:

Also age of car

2005. Other than 'condition consummate with age' does this have any other bearing?

[bwk]

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?


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?