Paying for repair - Visa Chargeback?

orlao

Hi,

A question

I'm trying to claim for a very expensive repair to my car under SOGA 1979.
The turbo went bang after 4 months of ownership, tried to claim under the warranty, they took 13 working days to refuse the claim (yes, it was in the very small print that they could but you would have needed true mechanical knowledge to know what that clause meant)

Now in dispute with the company who sold me both the car and warranty. They have offered £200 towards a £1700+ repair and said that's it. I have a week before I run out of the 120 days of Visa Chargeback.

The question is can I claim the cost of the repair i.e partial refund or does it only cover a full refund?

I've searched the forums till I'm crosseyed without a clear answer. Help please.

TIA

gordikin

I'm not sure you can claim either a partial refund or the full cost. How old is the car and how much did you pay for it? What warranty were you given?

meer53

There isn't a Visa chargeback right which would cover this scenario, if you paid using a Visa Credit card you could try a section 75 claim. What were you thinking of asking your card issuer to do ? A chargeback for faulty or defective goods is only applicable if the goods are faulty or defective on receipt and as your fault occurred after 4 months use this doesn't apply.

mountainofdebt

Can you claim a chargeback for a service that you received, even though you though you disagree that you should have paid for it?

orlao

gordikin wrote: »

I'm not sure you can claim either a partial refund or the full cost. How old is the car and how much did you pay for it? What warranty were you given?

The car is an 07 reg and was just under £5k paid in full with a Visa Debit card. The warranty appears to be an 'household' name one but after investigation is underwritten and managed by the dealers themselves.
The car was advertised as having had a full check up by their mechanics and a full service.

My research has shown that if a serious fault appears in under 6 months, that under SOGA it is assumed that the fault was there at the time of purchase. Obviously the car owner would have to prove that the fault wasn't caused by anything they did ie accident or didn't do ie servicing, proper maintenance and I can do so in this case.


The warranty is neither here nor there at the moment tbh - they are correct in saying that there is a clause on it that means it doesn't cover the turbo but you would need a lot of car knowledge to link the exclusion to many faults - despite being told at the time of sale that it covers everything but the consumables and normal servicing items. Interestingly, they have paid out under warranty on 2 further claims but much smaller amounts...

I was just wondering if the chargeback scheme was suitable as appears that Visa are jointly liable with the retailer under this scheme so maybe I could use it to reclaim the cost of the repair under the SOGA refund, replace, repair?

I'm kinda resigned that this is going to go to Small Claims due to the way the dealers are behaving - CAB and TS seem to think that this won't be a problem to win. I suppose at least that way I can recover all my expenses including the couple of days car hire and scarily expensive train fares to work that I had to shell out as my car was off the road for nearly 3 weeks while the warranty administrators hummed and hawed about paying the claim :j

LOL, that brings the next question - can I claim the interest that it is costing me to have the £1700 on a credit card as part of the small claim?

bris

orlao wrote: »

The car is an 07 reg and was just under £5k paid in full with a Visa Debit card.
My research has shown that if a serious fault appears in under 6 months, that under SOGA it is assumed that the fault was there at the time of purchase.

The car is now 4 years old, where does the 6 months come into it.
It has to be 6 months from new.

wealdroam

There's some good info about Your rights: buying second hand cars on the Which website.

gordikin

orlao wrote: »

The car is an 07 reg and was just under £5k paid in full with a Visa Debit card. The warranty appears to be an 'household' name one but after investigation is underwritten and managed by the dealers themselves.
The car was advertised as having had a full check up by their mechanics and a full service.

My research has shown that if a serious fault appears in under 6 months, that under SOGA it is assumed that the fault was there at the time of purchase. Obviously the car owner would have to prove that the fault wasn't caused by anything they did ie accident or didn't do ie servicing, proper maintenance and I can do so in this case.


The warranty is neither here nor there at the moment tbh - they are correct in saying that there is a clause on it that means it doesn't cover the turbo but you would need a lot of car knowledge to link the exclusion to many faults - despite being told at the time of sale that it covers everything but the consumables and normal servicing items. Interestingly, they have paid out under warranty on 2 further claims but much smaller amounts...

I was just wondering if the chargeback scheme was suitable as appears that Visa are jointly liable with the retailer under this scheme so maybe I could use it to reclaim the cost of the repair under the SOGA refund, replace, repair?

I'm kinda resigned that this is going to go to Small Claims due to the way the dealers are behaving - CAB and TS seem to think that this won't be a problem to win. I suppose at least that way I can recover all my expenses including the couple of days car hire and scarily expensive train fares to work that I had to shell out as my car was off the road for nearly 3 weeks while the warranty administrators hummed and hawed about paying the claim :j

LOL, that brings the next question - can I claim the interest that it is costing me to have the £1700 on a credit card as part of the small claim?

Realistically I think you are going to struggle to prove/claim anything...apologies if that's not what you want to hear.

orlao

bris wrote: »

The car is now 4 years old, where does the 6 months come into it.
It has to be 6 months from new.

6 weeks ago, I would have agreed with you - but that isn't the case.
It's 6 months from purchase even in the case of something secondhand. It's all about whether it is reasonable length of life - and you would expect a car to run for more than 4 years/70k miles.

gordikin wrote: »

Realistically I think you are going to struggle to prove/claim anything...apologies if that's not what you want to hear.

I don't post here in the hope of agreement only!;) I've been around long enough to know better :rotfl::rotfl:

Thanks all for your help - much appreciated. I was just wondering about chargeback as I know very little about it.

orlao

Just an update - I've got a cheque that covers the repair bill AND the court costs :beer:

I went the small claims route in the end and after much tooing and froing and being told "see you court where you'll lose" - well I didn't :rotfl:

All I can say is that you need to watch out for some Car Shops

Now, wish me luck that the cheque don't bounce, it really wouldn't surprise me - I'm off to the bank...

agrinnall

Well done, it's good to see that persistence can pay off.