Help with chargeback or refund

raf4eva

dalesrider wrote: »

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?

well im afraid u are wrong on this bud -- barclays said chargeback can be done. and yes faults were pointed out but i was assured they would be sorted.
I have a full engineers report which i paid for establishing that the car needs £6k spent on it. the car is not as described in the advert,
and yes trading standards have been informed.
and they already been to court for clocking cars please read entire thing i have mentioned all this

YorkshireBoy

raf4eva wrote: »

well im afraid u are wrong on this bud

I'd be surprised if he was, being as (IIRC) 'dalesrider' deals with chargeback and potential section 75 claims on a daily basis.

barclays said chargeback can be done.

Who, specifically, at Barclays said this? The woman who answered the phone or someone a little higher up?

and yes faults were pointed out but i was assured they would be sorted.

Before you picked the car up? If so, why did you drive it away?

the car is not as described in the advert

Better hope you/Barclays can make reason code V53 (or it's Mastercard equivalent) stick then.

You do know chargeback is a voluntary scheme? ie not enshrined in Law as section 75 is...which is probably why 'dalesrider' suggested that the latter would be a better route.

and they already been to court for clocking cars

Did Trading Standards tell you that? Or did your post purchase research reveal it?

Because if I was spending £20K I'd be doing my research BEFORE I parted with my money...not after.

raf4eva

YorkshireBoy wrote: »

I'd be surprised if he was, being as (IIRC) 'dalesrider' deals with chargeback and potential section 75 claims on a daily basis.Who, specifically, at Barclays said this? The woman who answered the phone or someone a little higher up?Before you picked the car up? If so, why did you drive it away?Better hope you/Barclays can make (or it's Mastercard equivalent) stick then.

You do know chargeback is a voluntary scheme? ie not enshrined in Law as section 75 is...which is probably why 'dalesrider' suggested that the latter would be a better route.Did Trading Standards tell you that? Or did your post purchase research reveal it?

Because if I was spending £20K I'd be doing my research BEFORE I parted with my money...not after.

yes i get what u are saying mate. I was stupid enough to fall in love with the car soon as i saw it. because the way it was advertised as prestige -- low milage and rac warrenty -- their website is realy profesional looking, i have never purchased 2nd hand before its allways a new car or ex demo. anyways thanks for your help. I am going to phone credit card company monday and present section 75 and see what they say,

dalesrider

raf4eva wrote: »

well im afraid u are wrong on this bud -- barclays said chargeback can be done.

I am going to phone credit card company monday and present section 75 and see what they say

So which is it......

Best guess is you have only spoken to front line call center person and not someone who deals with chargebacks.

Any chargeback will see you need to return the car to the dealer and prove return. If they, then reject the chargeback. You run the risk of losing not only the car, but also the money as well:eek:

Be careful, if you action both via seperate co's then you could end up losing both as the co will argue that they are dealing via the other method.

raf4eva

dalesrider wrote: »

So which is it......

Best guess is you have only spoken to front line call center person and not someone who deals with chargebacks.

Any chargeback will see you need to return the car to the dealer and prove return. If they, then reject the chargeback. You run the risk of losing not only the car, but also the money as well:eek:

Be careful, if you action both via seperate co's then you could end up losing both as the co will argue that they are dealing via the other method.

whats a co please can u explain in layman terms what u mean.

do u mean only do one or the other. I have got in touch with credit card company today as i paid the initial deposit of £500 and explained everything and they said they will start the process and send me a form.
I am going with the section 75 and forget about doing the chargeback with barclays debit what do u think

dalesrider

co's = Companies.

Personally if barclays say a chargeback is a option. Then go for that 1st. But as I said I do not know on what grounds they are going to take it forward. Also this will only see you refunded the amount of the debit on that card, nothing more. So long as you win.

I would have a word with your credit card provider 1st to see what they advise. Purely on the basis that they may advise to take the Barclays route 1st before they will even look at anything.
If you won the chargeback, then you could be looking at getting consequential loss via your credit card provider for any outstanding amounts you have had to pay.

Chargeback has a 120 day timescale. CCA has 6 years. Chargeback can be a lot quicker to resolve as the retailer only has 45 days to respond.
CCA can see you card provider spending months trying to resolve with the company before they make a decision. Given you are looking at such a high figure. They are not going to roll over and hand back £20K+ just like that.

raf4eva

dalesrider wrote: »

co's = Companies.

Personally if barclays say a chargeback is a option. Then go for that 1st. But as I said I do not know on what grounds they are going to take it forward.
I would have a word with your credit card provider 1st to see what they advise.
Chargeback has a 120 day timescale. CCA has 6 years. Chargeback can be a lot quicker to resolve as the retailer only has 45 days to respond.
CCA can see you card provider spending months trying to resolve with the company before they make a decision. Given you are looking at such a high figure. They are not going to roll over and hand back £20K just like that.

Thats why I was asking here hoping that some soliceter was on here with some experiance. I already have had a chargeback form from barclays receieved a few days ago.
I have loads of proof adverts -- engineers report. diagnostics report etc including receipts for spent monies. photos of damages and parts missing.
I did initialy talk to chargback dept in barclays and they did say that I would need to return the goods before any refund.
To which i replied that im not willing to give it back first untill I have the money back in a holding account.
so I was told to put all in writing and they will look at it into depth.
So now i am totaly confused. I need a prof legal opinion,

thanks for your help so far

dalesrider

raf4eva wrote: »

Thats why I was asking here hoping that some soliceter was on here with some experiance. I already have had a chargeback form from barclays receieved a few days ago.
I have loads of proof adverts -- engineers report. diagnostics report etc including receipts for spent monies. photos of damages and parts missing.
I did initialy talk to chargback dept in barclays and they did say that I would need to return the goods before any refund.
To which i replied that im not willing to give it back first untill I have the money back in a holding account.
so I was told to put all in writing and they will look at it into depth.
So now i am totaly confused. I need a prof legal opinion,

thanks for your help so far

You will not get a legal opinion on chargebacks. There is no legal basis for them. They are over and above your legal rights.

There is no way that Barclays can action any chargeback without the car being returned and having proof of it.
If they do then the garage has a straight forward way to reject the chargeback.
There is only one chance on a chargeback. Anything over this is on a totally good will basis... Not going to happen given the garages response, is it.

Have a word with your credit card provider before sending the forms in and see what they advise.
As this is where your legal rights apply. Although it is not a given that you will get your money back.

chattychappy

Too busy to do a long answer now, but I would start a S75 claim on the CC alleging misrepresentation and breach of contract. S75 covers both. Misrepresentation will give you more rights including rescinding (ie getting out of) the contract. True for any contractual claim (including misrep), limitation law gives you 6 years, but that is the deadline for bringing a claim. You will not get that long if you want to rescind the contract - you need to act quickly and reject the car - (as per trading standard's suggestion) - unless you decide you would prefer to keep it and patch it up and claim this instead.

Ultimately the only form you MUST use is a court form if you sue them, but be cooperative. Use any form that the CC send you, but back up with covering letter if necessary. You need to make it clear to both the CC and the dealer that there were misrepresentations which led you into the contract. Write to them as joint parties and state your claim as best you can - return of money spent plus out of pocket expenses (itemise). Keep it reasonable. Keep it concise. Say you will use the County Court if necessary.

raf4eva

chattychappy wrote: »

Too busy to do a long answer now, but I would start a S75 claim on the CC alleging misrepresentation and breach of contract. S75 covers both. Misrepresentation will give you more rights including rescinding (ie getting out of) the contract. True for any contractual claim (including misrep), limitation law gives you 6 years, but that is the deadline for bringing a claim. You will not get that long if you want to rescind the contract - you need to act quickly and reject the car - (as per trading standard's suggestion) - unless you decide you would prefer to keep it and patch it up and claim this instead.

Ultimately the only form you MUST use is a court form if you sue them, but be cooperative. Use any form that the CC send you, but back up with covering letter if necessary. You need to make it clear to both the CC and the dealer that there were misrepresentations which led you into the contract. Write to them as joint parties and state your claim as best you can - return of money spent plus out of pocket expenses (itemise). Keep it reasonable. Keep it concise. Say you will use the County Court if necessary.

I am going to phone the fca / fsa tomorrow see what they say let u know thanks this is helpfull