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FOS decided in my favour but no refund from credit card company


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Back in February 2013 I bought a car from a commercial garage. It was inherently faulty from the start. I attempted with the authority of the garage to get it repaired but new faults kept appearing, so I returned it under SOGA.


The garage agreed to a partially refund the £9000 I paid by offering £7500. I had the car for a month and it was in and out of the garage for repair 6 times so I refused their offer. They then got quite nasty with a "take the money or take us to court" attitude so I referred it to my credit card provider under Section 75 of CCA. They told me they thought the garage was being entirely reasonable and rejected my claim. I then took it to the FOS, who upheld my claim and ordered the credit card company to refund me at the beginning of December. They responded after the deadline that the FOS gave them, saying that they were liaising with the merchant. They were given an extension until last Monday to respond, they didn't. Now my complaint has been passed on to be reviewed by an ombudsman.


Do I just have to wait for their decision or can I take the merchant and/or the credit card company to court, with the decision of the FOS adjudicator as evidence?

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