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damian78

Claiming refund from credit card for indirect payment

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Hi All,

 

I've had big problems with a new car I bought just over 2 weeks ago, where it has been returned twice for repairs, repairs not carried out satisfactory/at all, etc. Now going down the route of asking for a refund under the basis of the car was not in a satisfactory condition when purchased, and he's refusing to fix all issues saying that some are wear and tear (only bought it two weeks ago, they were faulty at the time, and could/should not have excessively worn in the 2 weeks).

 

The car was purchased for me by my parents on their credit card. However, the car dealer doesn't accept card payments, so as a workaround he said we could pay the workshop he uses (not related to his business), they will then pay him.

 

Because of the way this was paid, are the credit card company still jointly responsible? So this doesn't drag on, I wanted to give the dealer 7-14 days to pay, if he refused then we would go to the credit card company. However, I fear this may not be possible, he's saying he'll get his solicitor involved, and I think this is going to drag on, possibly for months. In the meantime I can't use the car as I've rejected it, and I can't afford to pay for a hire car for more than a couple of weeks (can't really afford that).

 

I'd appreciate any advice on this.

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No they aren't but they could end up in a big mess as a result. Funds processors are automatically exempt, but if you try to claim a cashback, this will show up as a merchant, not a processor so it might work. This means it is up to the seller to repay the merchant (if reversed) then pursue you for the monery back, so you may have to defend this.

 

You need to be sure you reject the goods formally, and then provide him with his goods back. If he doesn;t accept them, note this as if your reversal goes through - you'll need to get it back to him anyway.

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No they aren't but they could end up in a big mess as a result. Funds processors are automatically exempt, but if you try to claim a cashback, this will show up as a merchant, not a processor so it might work. This means it is up to the seller to repay the merchant (if reversed) then pursue you for the monery back, so you may have to defend this.

 

You need to be sure you reject the goods formally, and then provide him with his goods back. If he doesn;t accept them, note this as if your reversal goes through - you'll need to get it back to him anyway.

 

Thanks buzby.

 

I actually sent the letter to the seller yesterday rejecting the car, and saying I wanted a refund as it was not of satisfactory condition when sold. I'd been told a couple of times by Consumer Direct that it was vitally important that I sent it straight away, so I did.

 

Unfortunately I wish I'd waited until today now as I'm in a bit of an awkward situation. A mate of mine runs the new and used car sales side of a reputable garage near where the car was bought (they have a good relationship with trading standards, and have helped them in the past with other cases). I was speaking to him last night about something else and mentioned these issues, and he offered to take it in and have a look to see whats wrong. I think the advice basically was that as I'm going to end up either being without a car whilst the fight for a refund goes on, or have to pay up to £200 per week for a hire car - it might actually be cheaper just to pay for the repairs myself, then attempt to claim that cost back if I wish. Alternatively if they find the car to be unroadworthy, and the repairs would be more expensive, then I can use this in my fight. The problem is, as I rejected the vehicle yesterday, am I allowed to drive it to this garage (particularly as there is a chance that I might take back my refund request)? Also, if they carry out the repair, does this affect my statutory rights?

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Hmm. It becomes tricky, as if the amount you pay for the repair is more than the car is actually worth, the dealer could say we would have given you your money back (whether he would actually do this is irrelevant), and that accepted no responsibility for the work you undertook without his authorisation.

 

It is normal for the seller to rectify at no coast to the buyer. Even though you've rejected the goods, you;re still awaiting his instructions, so I don;t tnink driving it anywhere would be a problem providing it is still taxed and insured with a current MoT.

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