Section 75 acvice

Hello
I am looking for some specific advice on the built in protection on credit cards known as section 75.

Here is my situation, on November 19th last year I bought a second hand van
(for private use) from a garage with no warranty. It was six and half years old, had 94000 miles on the clock, and cost me £1550 I paid for it on my credit card.

The next day it showed
starting problems thinking I had no rights whatsoever I didn't return it to the garage. This may be difficult to prove but there was a witness who could sighn a letter stating he sore it had starting problems very shortly after buying it. Would that be aloud? Would it help my case?

Three weeks later it broke down completely and had to be towed to a(different) garage.
After waiting three weeks for them to look at it (because they were very busy) they eventually looked at my van.

They said they thought it needed a new fuse box after they had spent several hours checking the electrics, they fitted a new fuse box and it still
did not work all in all it cost me £486, I paid on my credit card.

Dreading the amount this was going to cost me I decided to cut my losses and sell my van, after searching around I eventually found a garage that bought it off me for £550 (a thousand pounds less then I had paid for it).
I sold my van largly due to the complications and cost of moving and storing my van in a non running state.


It was them who suggested I went to trading standards (I did not know I had any rights before this)
As I have now sold my van and as over three months has elasped I have given up hope of getting compensation from the dealer who sold it to me in
the first place.

To summerize
I bought a six and half year old van with 94000miles on the mileometer
for £1550 I had it for three weeks then it was a complete non runner.

It cost me £486 of work done on it which did nothing.

I have not seriously contacted the dealer who sold it to me. According to what I have read (by law I dont have to in order to claim on section 75).

What I want to know is can I claim a large part of the money
lost off my credit card company?

Witch consumer said:

Bit of a tricky one simply because you didn't at the time take advantage of your rights to return the van to the supplier or contact him to complain and offer the chance for recompense.

The act does indeed give you the option to claim from the credit card company or supplier in the case of a breach of contract or mispreresentation which you don't actually know because although the goods were faulty, the supplier should be given the chance to repair the vehicle.

The time delay won't cause a problem, proving a breach may do but at the end of the day, if you do try to claim, you haven't lost anything but may gain a refund.

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Hello
Thanks for the advice, just a few more questions
1 If I tried to claim under section 75 but this failed even after contacting
the financial ombusmen, would this damage my credit rating?.

2 If money is claimed under section 75 is the money simply taken off my
credit card debt?.
Or is the money actually taken back off the supplier of goods?.

3 If I did manage to claim money under section 75 is there any possible
repercussions that could come back at me at a later date?.
Thanks again for your help
regards

Witch consumer said:

The only thing that could have an effect your credit report would be your failure to pay your credit card bills on time, don't know if you have ever looked at your report (they claim there is no such thing as a credit blacklist) but it is simply a list of numbers which indicte whether you are meeting the requirements of your agreement or whether you have late payments, or defaults, there are no notes realting to your conduct with the credit card company so no, just claiming under Section 75 would not be of any detriment.

Yes the money would be refunded to your card balance, effectively reducing your balance, I suspect they would also deduct the amount you were paid for the van and would not pay for the repair - as it was not part of the purchase.

I can't think of anything that should bring any repercussions but knowing banks and credit card companies as I do (after reclaiming a considerable amount in bank charges), they may attempt to recover their money by, say, increasing the interest rate on your card (which is perfectly legal, they can set whatever rates they want). If you maintain the account within the terms of your agreement, and you find your rates creeping up, simply transfer your balance to another card, where you may get a better deal anyway.

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Thankyou
this is very helpful, As I stated I sold my van for £550 (cash) so I am guessing they would only pay £1000 as van cost me £1550 what do you
think?.

I could ask the garage I bought it off to pay the £486 repair bill, I just feel
I may have blown this by one not reporting the fault to the garage the day after I got it, and two selling my van.

I am baseing any claims for a refund under the fact that I bought a second hand car for £1550 which was in state (not due to me) fit for a scrap yard 2 and half weeks later! this can be proven, but what I cant prove is it didn't become like this within that 2 and half weeks after I bought it.
I really should have complained the day after I got it.

regards and thanks again.