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Help with chargeback or refund

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raf4eva
raf4eva Posts: 12 Forumite
edited 21 April 2013 at 5:41PM in Credit cards
Hi I am a newbie,
Need some advice please, I saw a car advertised in auto trader and eBay and because it was advertised as a fully kited c63 merc and although
cat d said it was fully repaired.

I placed a deposit paid via credit card of £500 and went to Oldham to pick it up. Part ex had already been agreed before deposit with the seller which is a car dealer garage.

The car looked ok and I took for a test drive. The car also came with a 3 month rac warranty and 7 day insurance free.

Anyways I had a new MOT put on by the dealer to say it’s roadworthy and was a requirement for insurance purpose.
The PX allowance was £6500 and taking that off and the deposit left me a balance of approx. £13k which I paid by debit card.
Deal was done and there was a few warnings on dash that came on as SRS airbag and engine light tyre pressure etc. these were pointed out and the dealer said it’s something all high tech cars suffer with and all that is needed is to rest via a computer.

I was promised service history although the mileage is low (21000) I was a bit concerned.
I was also told that they were a long standing reputable dealer and any problems that arise will be sorted and I can send them an invoice for any remedial work that needed doing. I got the car back to wales and I found that the sat nav didn’t work and the SRS messages can only be cleared by Mercedes main dealer --
there were also parts missing such as collision sensors in bumper, the radiator was loose, the condenser unit for aircon was hanging on one bracket and all pipes to aircon around the front end are all kinked. Also the car needed a B4 major service. As well as the lambda sensor needed replacement.

After spending nearly £2000 on repair bills for clearing codes major service lambda sensor, aircon etc. it still needs £5k spending on it to get it up to scratch.
According to an engineer’s report it’s only worth £13k and I paid £20k. I have written to the dealer in an attempt to get some compensation or repair but he refuses to pay anything. Time is getting on.
I reported all this to the trading standards and have been told I can refuse the vehicle or take him to court.

Also just realised that I paid the initial deposit £500 via credit card and the balance
after (p/ex) of £13k on my debit

Now my question is what’s the best route should I get in touch with credit card company and ask them to get me a full refund including my p/ex which they sold as well as the £2k expenditure. Or do I get in touch with the debit card company and do a chargeback.

If I do either what happens to the merc do I have to give it back first or do the credit card company or bank have a holding account to hold the refund until the dealer pays me to (p/ex + 2K) because to be honest I can’t trust this dealer I might lose the money and the car.

The dealer already been done for clocking cars 2 years ago and recently found out bad reviews about them as well. :(


Please help thanks in advance
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Comments

  • jonesMUFCforever
    jonesMUFCforever Posts: 28,898 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I would first re write or edit your post using proper sentences and paragraphs. It gave me a headache trying to read it.

    If I was paying as much as you did for a car I certainly would not have completed the transaction if any dash lights came on whether he told me about them or not and I bet you had wished you had someone give the car a once over before you parted with your cash.

    Having said that you paid the deposit with a credit card and the total amount is under £30k so you have a chance with a S75 claim.
    However getting the proof is the key here.

    Keep us informed.
  • anoncol
    anoncol Posts: 982 Forumite
    I cant read your post. Its a wall of text.
  • raf4eva
    raf4eva Posts: 12 Forumite
    edited 21 April 2013 at 5:43PM
    Ok I now have rewriten it,
    im sorry I am a newbie thanks for the up on this any help is appreciated.
  • dalesrider
    dalesrider Posts: 3,447 Forumite
    1st off.
    No chargeback right on the debit card.
    Not faulty (has to be when picked up)
    Not, Not as described.

    You can try the CCA route on the credit card, but you are going to have to put in a lot of work and provide plenty of proof.

    Did you contact the dealer before doing any of the work?
    Have you been to trading standards?

    As a aside you are aware that these warning lights are a failure under the new MOT regs.
    So how did it pass the MOT?
    Never ASSUME anything its makes a
    >>> A55 of U & ME <<<
  • noh
    noh Posts: 5,817 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    dalesrider wrote: »
    ...............

    As a aside you are aware that these warning lights are a failure under the new MOT regs.
    So how did it pass the MOT?

    Only would be a failure if the test was after 20th March 2013. Prior to that they would be an advisory.

    http://www.theaa.com/motoring_advice/car-servicing-repair/mot-changes-2012.html
  • chattychappy
    chattychappy Posts: 7,302 Forumite
    dalesrider wrote: »
    Have you been to trading standards

    Original post:
    raf4eva wrote: »
    I reported all this to the trading standards and have been told I can refuse the vehicle or take him to court.
  • dealer_wins
    dealer_wins Posts: 7,334 Forumite
    My non professional opinion is that unfortunately you havnt got a hope in hell of getting a successful chargeback in this case.
  • raf4eva
    raf4eva Posts: 12 Forumite
    edited 22 April 2013 at 2:23PM
    noh wrote: »
    Only would be a failure if the test was after 20th March 2013. Prior to that they would be an advisory.

    yes correct the mot was done on 12 feb so there should be advisories and there arent any only for one tyre. I think maybe i should involve VOSA too
  • raf4eva
    raf4eva Posts: 12 Forumite
    My non professional opinion is that unfortunately you havnt got a hope in hell of getting a successful chargeback in this case.

    well lets hope your wrong bud as barclays is dealing with it and the balls rolling already
  • raf4eva
    raf4eva Posts: 12 Forumite
    anoncol wrote: »
    I cant read your post. Its a wall of text.
    can u read it now lol
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