Used car and section 75

[Thisisheavy]

Hi,

Looking for some advice. Bought a Ford S-Max May 2023 and within two months we had problems with the gearbox. This led to us having to have a completely new gearbox fitted as we couldn't be without the car. Unfortunately this also failed within a couple of months now rendering the car useless.

Since then we've initiated a section 75 claim as we paid for the car using a credit card and the law states if a fault develops within 6 months, it is presumed it was there at the time of purchase.

We've been backwards and forwards with the credit card company and they now want a report from a garage basically stating that the fault was there when we purchased the car otherwise they won't pay out. Given the gearbox has been replaced we don't feel there is any value in this and will leave us further out of pocket as we would need to pay for the report.

Is there anyone with experience of claiming a section 75 who can offer advice or anyone who works in the field who could recommend what we should do now to try to increase our chances of a payout? Currently down about £8000 and only have a broken car to show for it.

Powershift by any chance? Worst auto gearbox known to man…made of jelly and sawdust!

Ive done a section 75 but with a finance company. Half of the battle is reporting it when the fault happens…did you do this?

Yes! Absolutely terrible, can't believe Ford haven't been made to recall/repair them.

Do you mean report it when the fault happens to Ford or to the credit card company? We stopped using the car when the fault first appeared and I initiated the section 75 back in September and it's still not resolved 🙄 It's ridiculous that they're expecting us to find a garage that will issue a report based on the condition of the car when we purchased it, it's literally impossible!

Meant to add, how is your section 75 going? Any luck?!

So you initiated the section 75 within 6 months so that’s good. Do you not have any invoices from the garage from when the gearbox first started playing up? I assume you took it to be checked. I assume you also have the invoices for the new gearbox? If you could get a report from the garage that did the work it would and could help, I’d be trying to get this if you can.

Have you escalated to the financial ombudsman? You should be able to now given the time. They take a fair while to respond but in my experience they are incredibly good at what they do when someone is assigned the case.

Mine took 6 months to resolve, outcome was finance company paid for new injector at Ford (It’s a Kuga and I’m a Ford girl, hence I know about the powershift problems, shame as the 2.0tdci manuals are pretty reliable) and £1300 compensation for being unable to use the vehicle for 6 months.

We've sent them everything we have. Report from the gearbox garage said something along the lines of 'this would have been an ongoing problem not a sudden defect' but credit card company are pushing for a further report, saying what I don't know as no one now can say categorically that the fault was there at the time of purchase or not.

Good to know the FOS is good, I don't think I can go down that route yet as I thought a decision from the credit card company was needed first.