Section 75 or Chargeback - advice please

LozzaJones

Hi all

Thank you in advance for any help with this!!

To summarise, I had some work done on a vehicle which proved to be faulty - paid by credit card less than 120 days ago. The mechanic was eventually unwilling to admit there was a fault that was related to their work and even invoiced me for all "good will" work attempting to (unsuccessfully) rectify the fault!!

I have the original paid invoice for £500 of which £400 was for this work.
I have since paid £130 to an independent main dealer garage for evidence of this fault (hourly rate).
I have then paid £600 for the fault to be rectified by another garage.

So my question is, what is my best way to proceed now?

1) I understand I could chargeback the £400 for the original job and call it a day.

2) I could use section 75 but for what?
a) £400 (original charge)
b) £530 (original charge plus cost incurred gaining evidence)
c) £600 (cost of fix)
d) £730 (cost of fix plus cost incurred gaining evidence)

3) Other option?

Note: I would rather avoid getting solicitors and courts involved for reasons of costs and time!

What would your advice be to me?

Many thanks
Lozza

sinizterguy

Small Claims Court might be the easiest method.

LozzaJones

I do have more than one avenue of evidence but the ones above did say they would not be "allowed" to give evidence in court regarding this matter. So, assuming this would be necessary even in SCS, I would prefer to avoid court.

keyser666

sinizterguy wrote: »

Small Claims Court might be the easiest method.

Why would it?

LozzaJones

Is that in answer to me or sinizterhuy? :-)
Sorry I didn't see the quote - ignore me!!

shaun_from_Africa

LozzaJones wrote: »

I could use section 75 but for what?
a) £400 (original charge)
b) £530 (original charge plus cost incurred gaining evidence)
c) £600 (cost of fix)
d) £730 (cost of fix plus cost incurred gaining evidence)

There is no legal reason to stop you trying to claim £730 (d) but the credit card company may well attempt to fob you off stating that the maximum they are liable for is the value of the initial purchase.
This isn't the case because if there is a breech of contract then the credit supplier has exactly the same liability as the person who performed the service. This means that if the supplier is liable for any extra costs above and beyond the initial payment then the credit card issuer is also liable for these costs.

unholyangel

And if your card company decline the claim, you can then refer it to the financial ombudsman - who can issue a decision that is binding on your bank.

You may want to obtain quotes for the work required on the fix from a few garages to show the card company you mitigated your losses.