visa dispute for a car

dylan_27

i purchased a car & within 2 days reported a fault (a knocking noise). the garage have taken the car back in twice to rectify without success. i have now put in a claim for a visa dispute as the garage are not willing to refund but for my bank to do this i must return the car. im happy to do this but im concerned that if im not successful with the visa dispute i'll be left with nothing. any suggestions on what i should do?

Atidi

dylan_27 wrote: »

i purchased a car & within 2 days reported a fault (a knocking noise). the garage have taken the car back in twice to rectify without success. i have now put in a claim for a visa dispute as the garage are not willing to refund but for my bank to do this i must return the car. im happy to do this but im concerned that if im not successful with the visa dispute i'll be left with nothing. any suggestions on what i should do?

New car or used car?

If used, did you get an independent engineer's report before agreeing to purchase? (e.g from AA, RAC, etc)

What make & model of car is it? When was it first registrered. How many miles has it covered? What price did you pay?

Why can't the garage fix it? If they don't have the expertise, can't they take it to someone who has?
What is the fault, or what if you don't know, what are the symptoms?

Why do you want a refund? Buyers remorse?

dylan_27

yeah its a used car, an 07 plate peugeot 206, 40,000 miles. for just under £3000

i didn't get an independent report before buying the car. as part of the condition of sale i asked for an MOT to be done. this was done & no advisories were given. for some reason i was given the old MOT cert which has an advisory about the wheel rack, ive had an independent report done which states this is bad enough to be listed on the new MOT, also there is a couple of other issues like a broken bolt ect which were not disclosed. the knocking noise is terrible & possibly due to the arm linking the wheel.

ive taken it back to the garage twice, they've changed the shock absorber but its not resolved the issue. ive asked about taking it to another garage but they wont allow this & ive asked for a replacement but wont allow this either.

ive asked for a refund because after 2 attempts the issues not resolved & its a 2 hour round trip each time i take it in & im having to rely on someone coming with me so i can get home after dropping it off, its inconvenient & i dont think the garage does know what they are doing

magpiecottage

You do not say whether it was a credit or debit card you paid with. This will affect your legal rights.

You should also report the garage that did the MOT if it should have failed it.

Atidi

dylan_27 wrote: »

yeah its a used car, an 07 plate peugeot 206, 40,000 miles. for just under £3000

You don't give the exact model, but £3k for a 2007 Pug 207 i would say is at least 50% OTT, so I'm suspecting Buyers Remorse already.

dylan_27 wrote: »

i didn't get an independent report before buying the car.

Mistake number 2.
Hopefully you won't make that mistake again.

dylan_27 wrote: »

as part of the condition of sale i asked for an MOT to be done. this was done & no advisories were given. for some reason i was given the old MOT cert which has an advisory about the wheel rack, ive had an independent report done which states this is bad enough to be listed on the new MOT,

You know an MOT is no substitute for a proper engineer'sl inspection.
An MOT only checks the condition of certain items on the day the car is submitted.

Many/most items are subjectively assessed (the notable exceptions being emissions and some parts of the braking performance). In any event, advisories are just that, and there is no obligation on a tester to include any advisory information.
The car either passes or it fails the MOT.
If you can be certain the car should have failed the MOT on the day and condition it was submitted for testing when someone passed it, then you should have contacted Vosa.
That would be an issue for the testing station, not the seller.

But you (a) did not get the car inspected when you bought it so you don't know it's condition when tested and (b) you only have 28 days to report the issue (unless corrosion related where it's 3 months)

dylan_27 wrote: »

also there is a couple of other issues like a broken bolt ect

You won't get your money back over a broken bolt.

dylan_27 wrote: »

the knocking noise is terrible & possibly due to the arm linking the wheel.

Presumably you at least test drove the vehicle before buying it. Was the vehicle making the terrible knocking noise then?

dylan_27 wrote: »

ive taken it back to the garage twice, they've changed the shock absorber but its not resolved the issue. ive asked about taking it to another garage but they wont allow this & ive asked for a replacement but wont allow this either.

If the noise is as terrible as you describe, why did you even take the car from the garage the first time you returned it if they had not rectified the fault? From what you describe, it sounds like you could hear this noise without even leaving the garage car park/forecort.

dylan_27 wrote: »

ive asked for a refund because after 2 attempts the issues not resolved & its a 2 hour round trip each time i take it in & im having to rely on someone coming with me so i can get home after dropping it off, its inconvenient & i dont think the garage does know what they are doing

It's not the seller's fault you opted to buy the vehicle from somewhere approx 100 miles from where you live. You have to allow them to fix it (if you don't want to accept the car as is).

Also, it doesn't sound like whoever you have susequently used to get the vehicle inspected is very good either if they can't identify the fault that is causing the knocking noise.

patman99

If the op paid by VISA, then s/he has the same protection regardless of whether it was a credit or debit card.

£3k for a 2007 207 is about right for a low mileage motor. I bought a 2008 Berlingo with 24k on the clock & FSH. Paid slightly ott, but as it as close to a new car as I could get, it is worth more to me than an average miles motor with 2 or more owners and no service history.

JuicyJesus

patman99 wrote: »

If the op paid by VISA, then s/he has the same protection regardless of whether it was a credit or debit card.

Not necessarily true. The Visa Debit chargeback scheme is voluntary, and a chargeback can only be raised within a certain time after the transaction has been processed (from memory, 120 days) and for a number of limited reasons.

Credit cards on the other hand are covered by Section 75 of the Consumer Credit Act, which makes the lender LEGALLY (not voluntarily as with chargeback) jointly responsible with the merchant for any breach of contract on any purchase of an item costing over £100. This is far superior protection, not least because unlike chargeback it has the force of law.

That said, the OP's main bone of contention appears to be that they would have to return the car in order to get the refund. They would have to do so either way - otherwise they could raise the chargeback and have both car and money.

Whether a chargeback or S75 claim would succeed is another matter entirely.

roonaldo

patman99 wrote: »

If the op paid by VISA, then s/he has the same protection regardless of whether it was a credit or debit card.
.

ey? debit cards are not covered by section 75 of cca

magpiecottage

roonaldo wrote: »

ey? debit cards are not covered by section 75 of cca

Which is why I asked the question (as Roonaldo and JuicyJesus will have realised).

However that was a week and a half ago and the newbie OP has not been back.

Atidi

magpiecottage wrote: »

...However that was a week and a half ago and the newbie OP has not been back.

I wonder why so many people do that?

I mean they go to all the trouble of creating a brand new user account here on MSE to ask for advice, but never hang around long enough to receive a proper answer.

Would make anyone think they were not really that bothered in the first place, if it were not for the fact that they have gone to all trhe trouble of creating a new user ID in the first place just to ask the question.

:huh:

I'm now left with this awful vision of this new user setting out on their 100 mile journey to return the car from where it was bought for repair, only for it to break down half way there, and they are still walking home! :eek:

Well at least if that is the case they should be quite familiar with the route by now