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ivorylounge,
Category: Law
Satisfied Customers: 35764
Experience:  Barrister at Self Employed Barrister
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My parents brought a used car from a sales garage, it was

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My parents brought a used car from a sales garage, it was advertised at 50.000 miles with no faults. The car is on 62.000 with an engine fault, we returned the car for repair a week before the 30 period and that have told us because of the fault with the car they would refund but every time we phone they just keep putting off and not actually refunding their money. They have had the car for three weeks now and just need to know how we stand please
Assistant: Where is this? And just to clarify, when was the purchase made?
Customer: It’s a sales garage called auto channel in Rainham Essex. Unfortunately my mum and dad are in their 80s brought the car blind and paid for just off an internet advert without me knowing. It was purchased on Thursday 12th September and we returned the car back to them on the Wednesday 25th September after many phone calls trying to arrange.
Assistant: What steps have you taken so far?
Customer: Phone calls every day and a couple of emails which their not responding too
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: The car was advertised at 50.000 miles but on delivery the dash was set in kilometres with the radio display not working. I did have a quick look myself to try and change back into miles which is done through the radio display that’s not working. I found the display had been unplugged, once I plugged it back on I managed to change it back to mile ok but it was showing an engine management fault. They put an mot on the car the same day as delivered and I know an engine warning light on is an mot failure but cart prove that they unplugged it

How much did the car cost?

Customer: replied 4 days ago.
The car was £2.470
Customer: replied 4 days ago.
They paid £300 deposit on their credit card and the rest in cash on delivery which was signed for

Let me see if I can help and please rate 5 stars. Firstly the money is owed by the garage and you are entitled to the full money back. I would be minded to contact Trading Standards and raise a compliant with them. You can also sue them in the small claims court at www.moneyclaims.gov.uk for the money owed. However, there is potentially better news. This all stems from the fact that Section 75 of the Consumer Credit Act 1974 states if you pay for something costing between £100 and £30,000 on credit card (not debit card), the card firm is jointly liable with the retailer if something goes wrong.

  1. While the item must cost between £100 and £30,000, you don't need to pay all of it on the card. In fact, if you pay for any portion on the card, even just a penny, the card company is liable for the entire amount.
  2. This isn't just protection when the retailer goes bust. The card firm is jointly liable, so you can choose to go to it as well as the retailer. In some circumstances this is a boon – for example, if you've bought abroad and it's too difficult to take it back. Plus, if a retailer won't play ball, you'd have to take it to court, but if a card company says no, you can take it to the free Financial Ombudsman Service – and unlike the courts, which only judge on the law, it also judges on fairness.
    So I would contact the credit card company. I hope that this helps and please rate 5 stars
ivorylounge and 4 other Law Specialists are ready to help you
Customer: replied 4 days ago.
Ok I’ll make sure they get on to the credit card company and go from there. Thank you very much for your advise