Garage gone, credit card company won't help!

t15hll

New Member
Apr 15, 2011
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What consumer rights, if any, do you have when you purchase a gift for a partner using your credit card and the invoice has their name on it?

I purchased a used car for my partner in October 2010 from a car lot using a credit card. As part of the sale the salesman agreed to get a local garage to carry out an MOT. The MOT identified some issues which the salesman also agreed to rectify and we collected the car approximately a fortnight later; complete with a month's mechanical warranty.
It was clear after travelling just a couple of miles that there were issues with the car and so we returned to the car lot a couple of days later.
The salesman again agreed to rectify the issues and these were carried out a few days later. On closer investigation it became clear the car was not as advertised - there was no service history, the car was an import, the log book had been 'stolen', etc.

The problems with the car were not minor annoyances, but serious faults, such as collapsed wheel bearings, faulty brakes, loose steering components, fuel supply issues, faulty wiring loom posing a fire hazard, bald tyres, etc.

We were so fed up by December we took the decision to return the car for a refund as it was clearly not fit for purpose, not as advertised and no 'sold as seen' clause had been issued.
On calling the garage we were met by an answerphone. This continued for about a week, by now Christmas was upon us. As soon as normal trading days resumed, we drove over to the car lot to find it empty with evidence the occupants had left in a hurry. There was a message on the door with a number to call. On calling this we were met by yet another answerphone, where the recorded message told us not to leave a message as it wouldn't be returned!

I contacted my credit card company and they were keen to investigate at first. We supplied detailed documentation of the whole saga, including the hundreds of pounds worth of bills we've had to fork out for since December. Today I've received a letter quoting Section 75 of the Consumer Credit Act 1974, stating that because we put my partner's name on the invoice for the vehicle, we're not covered.

I'm now over £3000 worse off with a car on my drive which is unroadworthy. Does anyone know if what the credit card company have told us is correct and would the position be different if we were a married couple?