SE SR charging issues leaving me in a pickle

[siteguru]

Thanks for the advice. No. I purchased the car outright, although I may have paid a £99 reservation fee on a credit card.

Is that £99 shown on the sales invoice, and does it show as part of the total price? If the answer is Yes to both, and it was indeed paid by Credit card, then you'll have Section 75 of the Consumer Credit Act 1974 available to you. This makes the credit provider jointly and severally liable with the seller for the performance of the contract. Thus any claim you have against the seller you have a joint or separate claim against the credit provider, so you could pursue either party or both parties.

Note: S75 has a minimum £100 spend (and max £30k) ... don't worry about only spending £99 on the CC - the £100 relates to the invoice price, not the amount paid by CC.

 

[DoctorWolf]

Okay update here. I officially rejected the car today. The dealer said under the act I have the option of the car being rejected, replaced or repair. They say because I booked it in to be investigated properly and because I took a courtesy car whilst they did so I have chosen the repair option and cannot officially reject the car. I love to hear people's opinions on that perspective. I booked it in as they asked to do a diagnostic. I took the courtesy car so I could actually get home. They couldn't find the cause so it needs to go to MG. For all I know they could say it can't be repaired...

 

[DoctorWolf]

Also to add, they don't know exactly what the issue and MG will need to do a further diagnostic. This still isn't a repair. How can I have agreed to a repair without them knowing what is causing the issue? Am they have confirmed is that there is an issue.

 

[siteguru]

This is the full section on rights to reject etc.

Consumer Rights Act 2015

An Act to amend the law relating to the rights of consumers and protection of their interests; to make provision about investigatory powers for enforcing the regulation of traders; to make provision about private actions in competition law and the Competition Appeal Tribunal; and for connected...

www.legislation.gov.uk

 

[DoctorWolf]

This is the full section on rights to reject etc.

Consumer Rights Act 2015

An Act to amend the law relating to the rights of consumers and protection of their interests; to make provision about investigatory powers for enforcing the regulation of traders; to make provision about private actions in competition law and the Competition Appeal Tribunal; and for connected...

www.legislation.gov.uk

Thank you

I am replying to the dealer emphasising how them asking to run diagnostics on the car is not agreeing to a repair (also they have no idea what repair might be needed) and how authorising a courtesy car again has no legal bearing to my right to reject.

Cheers.