Car Dealer wont refund my money - help

[jackscrag]

:-)Hi, I'll try to keep this as short as possible.

Basicly, i purchaced a car Vauxhall Astra 03 plate 1.8cdti, on 23.7.12 £1.5k, paid on my Visa debit card, from local car dealer, got no logbook with car, got told to go to post office to apply for one, just the m.o.t and a bit of service history, on my receipt it says 'Trade Sale'.

 

We drove the car home (2 minutes away), Engine management light on and car wouldnt lock with keys. We drove car straight back and its been in the dealers posession ever since. (3weeks today) !!. In this time the car has been in 4 different garages (Including vauxhall) for diagnostic's & repair and still isnt fixed.

 

When we checked on Friday with the 4th garage the car is in for repair at, mechanic said no parts have been ordered and thay are chocca with work so trying to fit my car in as/when they can.

 

So,,, I decided to reject the car under the s.o.g.a on friday, as dealer promiced it would be fixed by that day, and if it wasnt he would refund me the money.

 

When we went in on Friday for my refund, he refused as in his words 'he is still trying to fix it'. and if i want a refund i can take him to court. We have been lied to constantly about repairs over the past 3 weeks, 'its had this part fitted and that part fitted, parts are on order, bla bla, etc' . And basicly all communication has now broken down with dealer, as i relly lost the plot on friday, and gave him a right mouthful.

 

So, ive returned the m.o.t & papers, etc, to dealer (kept my receipt tho) and given them a letter by hand, stating im rejecting car under s.o.g.a as my solicitor told me to do this, giving them 7 daysin writing to refund me the money.

 

I paid for car on my Visa debit, i rang my bank, they are refusing a chargeback, saying they dont get involved with car disputes, yet i only had the car in my possession for about 15 minutes, as it was returned straight to the garage and theyve had it ever since.

 

So car dealer has my car and my money and im in no man's land.

 

Please any advice would be welcome, i was offered a hire car by dealer while my new car was in for repairs, but didnt need one as i still have my old car.

 

I just want my money back, help !

 

Thanks for reading

jackie x

[ashmk]

Write to your bank, don't call. Keep a papertrail you will notice they do things when you write and fob people off over the phone.

 

Request that chargeback again. Send it recorded or better.

 

A couple of links that might help.

 

http://www.which.co.uk/consumer-rights/sale-of-goods/your-rights-when-paying-by-credit-card/chargeback-on-credit-and-debit-cards/

 

http://www.moneysavingexpert.com/shopping/section75-protect-your-purchases

[jackscrag]

Thanks for quick reply, i read on the (Visa chargeback management guidelines for visa merchants) - on google, that they have different reason codes for doing chargebacks, i think mine would come under their (Reason code 53 - Not as described or defective merchandise). Anybody enforced these ??

[rebel11]

Hi jacks

 

Welcome to CAG

 

Here's some info, page 28 there's a flow chart:-

 

Although you've accepted a 'repair', that 'repair' needs to be carried out in a 'reasonable time frame', the following is unacceptable:- 'In this time the car has been in 4 different garages (Including vauxhall) for diagnostic's & repair and still isnt fixed.' If the dealer doesn't want to know, as ash has stated, push your Card Provider, send a request in writing to your Card provider. Who is the Card Provider?

 

http://www.oft.gov.uk/shared_oft/reports/676408/oft1241.pdf

 

http://www.adviceguide.org.uk/wales/consumer_w/consumer_cars_and_other_vehicles_e/cars_buying_a_car_e/cars_buying_a_secondhand_car_e/cars_what_to_watch_out_for_when_buying_a_second_hand_car_e/buying_a_car_from_a_dealer_what_you_need_to_know.htm

 

Please let us know how your problem has been resolved, it could help fellow Caggers.

 

Thread has been moved to the correct forum.

[raydetinu]

Visa debit is really the same as cash to a bank; VISA do a charge back system for certain things however it is handled through their HQ in the states, so is very long winded; good luck with that.

Best bet is through court action here.

Also speak to trading standards they may well speak to trader.

[jackscrag]

Thanks for all your support, the card providor is Natwest, thanks

[rebel11]

Hi jacks

 

Write a Formal Letter of Complaint mark it as such. Explain whats happened, how they have let you down and what you want them to do.

 

Send it to:-

 

Stephen Hester, Chief Executive

[email protected]

 

Some tips:- http://www.dailymail.co.uk/femail/article-1242161/How--write-letter-complaint.html

[raydetinu]

IMO the bank wont want to know as seen as cash equivalent, see terms of agreement. No credit involved.

Its VISA that offer the prtection.

[scaniaman]

Thats right, but a decent bank manager will forward your chargeback request to Visa and let you know how it proceedes.

[rebel11]

Visa seem to think that you should contact your bank.

 

http://www.visa.co.uk/en/money_management/choose_how_to_pay/making_the_most_of_your_debit.aspx

 

You can also have a right to ask your bank to make a chargeback, returning your money if you do not receive goods or services as expected, if goods are lost or the wrong goods are received. That covers pretty much anything you can think of, from an airline going bust to a mail order jumper that does not arrive. Most purchases made abroad are also covered.

 

IMO the bank wont want to know as seen as cash equivalent, see terms of agreement. No credit involved.

Its VISA that offer the prtection.

[raydetinu]

Way to go then!

When I tried, the bank refeered me to Visa in the states and as it was only a small loss I just let it go.

It does say you have the right to ask to do a charge back, but does that mean they have to? or at least consider it.

Interesting, if there is any legal obligation on them to do anything, unlike credit cards. Would realy like to explore this one.

Worth a try though.

[rebel11]

Get back to them (your claim), it's part of COBS, they have to provide you with the correct information.

 

http://www.consumeractiongroup.co.uk/forum/content.php?834-Fair-Treatment-for-Credit-Card-Holders-and-Borrowers

 

I think they would have to consider it, because as you say they are acting on behalf of Visa, clearly they will test the merits of the claim. There will be guidelines which can be found online.

 

Way to go then!

When I tried, the bank refeered me to Visa in the states and as it was only a small loss I just let it go.

It does say you have the right to ask to do a charge back, but does that mean they have to? or at least consider it.

Interesting, if there is any legal obligation on them to do anything, unlike credit cards. Would realy like to explore this one.

Worth a try though.

[Conniff]

Way to go then!

When I tried, the bank refeered me to Visa in the states and as it was only a small loss I just let it go.

It does say you have the right to ask to do a charge back, but does that mean they have to? or at least consider it.

Interesting, if there is any legal obligation on them to do anything, unlike credit cards. Would realy like to explore this one.

Worth a try though.

 

I'll log that one down with their money laundering for Columbian drug cartell and Sanction busting for Iran.

 

It's getting to a point where debt collectors and bailiffs are becoming more trustworthy than banks.

[jackscrag]

Well, bit of an update, spoke to the dealers partner, we didnt know he had one , he said the e.c.u has now been fitted, but the car wont start 1st time, so he's having a new starter motor fitted, we got it back today after lots of apologies from him, but its still not brill at starting:|, so i have decided to cut my losses and keep it, and see how it runs, as ive just lost all fight now, cant be bothered ringing him up to tell him its not right, as i'll wave goodbye to it for a few more weeks, i know its the cowards way out, but least it here now and i can either spend a bit on it or sell it and make a loss. Thanks for all advice

[raydetinu]

Some succes then, hope you dont make too much of a loss.

Make sure you are carefull on how you describe it in any sale, that may come back and bite you.

px probably the best way to get rid.