Debit Card Chargeback Error

Craprunner

Hi All, I wonder if anyone can help me with what to do next! I bought a car which turned out to have multiple issues and was also race chipped. When i went back to the garage they offered to fix the issues, but although i was beyond the 30 days money back guarantee i asked for my money back which they refused. after i sort advise from Citizens advise and trading standards i was advised to make a claim via my bank using chargeback. The bank advised i had to write to the garage, pass all my evidence re the state of the car and proof i had written to the garage back to them before they could raise the case. I wrote to the garage, asking for my money back and why giving them 14 days to respond which they did not. I emailed the bank with all the proof of the issues with the car, a copy of the advert (no race chip mentioned) and a copy of the letter i had sent and proof of delivery and receipt. The bank wrote (email) back to me advising that on the 14th Nov they had contacted the Merchants bank and i had to wait 32 days for a response. At this point it had been 113 days since i had purchased the car, so 7 days within the cut off point.
32 days later i got in touch with the bank asking for the outcome and they advised me they had made a mistake and not contacted the merchant bank. They had done so the day before and i had to wait another 32 days! On the 33rd day the garage responded advising i had made the complaint too late (and to be fair to the garage, rightly so). My bank have responded and advised they are a day too late to dispute and i now i have to wait another 30 days for the response before the case goes to arbitration (visa) to decide if i am entitled to the chargeback.
If the garage push visa and dispute the claim due to it being passed the 120 days my bank will then deal with this as a complete and make a decision as to if i am entitled to have the money back from them and after pushing the complaints handler they can refuse my claim. The bank have said they won't deal with this complain until Visa has made their decision. I am still with a car that cost me 13,400, has no heating, a potentially cracked block and who knows what else due to it having been potentially driven like a race car for the last couple of years!
I would really appreciate any help from anyone who has maybe been in the same situation or can give me some useful advice. Should i be waiting another 30 days? Should i be engaging a solicitor? Help!

wesleyad

I'm not sure about the second half of the problem (I'm sorry but its really hard to read with no paragraph spacing) but why did citizens advice tell you to start a chargeback after 30 days? This was completely wrong. After 30 days and up to 6 months the dealer can offer to fix, refund or replace at their discretion. They offered to fix and you declined.

Anything that happened after this point is probably moot as a chargeback will fail.

powerful_Rogue

Craprunner wrote: »

Hi All, I wonder if anyone can help me with what to do next! I bought a car which turned out to have multiple issues and was also race chipped. When i went back to the garage they offered to fix the issues, but although i was beyond the 30 days money back guarantee i asked for my money back which they refused. after i sort advise from Citizens advise and trading standards i was advised to make a claim via my bank using chargeback. The bank advised i had to write to the garage, pass all my evidence re the state of the car and proof i had written to the garage back to them before they could raise the case. I wrote to the garage, asking for my money back and why giving them 14 days to respond which they did not. I emailed the bank with all the proof of the issues with the car, a copy of the advert (no race chip mentioned) and a copy of the letter i had sent and proof of delivery and receipt. The bank wrote (email) back to me advising that on the 14th Nov they had contacted the Merchants bank and i had to wait 32 days for a response. At this point it had been 113 days since i had purchased the car, so 7 days within the cut off point.
32 days later i got in touch with the bank asking for the outcome and they advised me they had made a mistake and not contacted the merchant bank. They had done so the day before and i had to wait another 32 days! On the 33rd day the garage responded advising i had made the complaint too late (and to be fair to the garage, rightly so). My bank have responded and advised they are a day too late to dispute and i now i have to wait another 30 days for the response before the case goes to arbitration (visa) to decide if i am entitled to the chargeback.
If the garage push visa and dispute the claim due to it being passed the 120 days my bank will then deal with this as a complete and make a decision as to if i am entitled to have the money back from them and after pushing the complaints handler they can refuse my claim. The bank have said they won't deal with this complain until Visa has made their decision. I am still with a car that cost me 13,400, has no heating, a potentially cracked block and who knows what else due to it having been potentially driven like a race car for the last couple of years!
I would really appreciate any help from anyone who has maybe been in the same situation or can give me some useful advice. Should i be waiting another 30 days? Should i be engaging a solicitor? Help!

I can't see how you would win anyway. You was out of the 30 days and the garage offered to rectify the issues.

Craprunner

Hi there, the garage refused to refund. Charge back was suggested due to ‘not as described or defective merchandise’.

Craprunner

The chargeback was instigated due to ‘not as described or defective merchandise’ due to the garage refusing a refund. Had I been aware the race chip was on the vehicle I would not have bought it.

powerful_Rogue

Craprunner wrote: »

Hi there, the garage refused to refund. Charge back was suggested due to ‘not as described or defective merchandise’.

After 30 days they didn't have to refund, thus why they offered to repair.
I wouldn't get your hopes up on winning this one.

powerful_Rogue

Craprunner wrote: »

The chargeback was instigated due to ‘not as described or defective merchandise’ due to the garage refusing a refund. Had I been aware the race chip was on the vehicle I would not have bought it.

5 minute job to remove and restore the car back to normal.

wesleyad

Craprunner wrote: »

The chargeback was instigated due to ‘not as described or defective merchandise’ due to the garage refusing a refund. Had I been aware the race chip was on the vehicle I would not have bought it.

A race chip is just plugged into the leads coming from the ECU. Its either two or three lead depending on model. It takes 10 mins to install and even less to take off. That said I suppose there could be an argument for unknown engine damage due to third party modifications.

The garage didn't need to offer a refund, only an offer to fix. If the fix failed then you could pursue a refund.

Craprunner

Yep, exactly. The bank felt I had a case but unfortunately failed to deal with it within the time frame they advised they would. Because of that Visa can refuse the chargeback. Then it is down to the bank as to how they handle the complaint.

powerful_Rogue

Craprunner wrote: »

Yep, exactly. The bank felt I had a case but unfortunately failed to deal with it within the time frame they advised they would. Because of that Visa can refuse the chargeback. Then it is down to the bank as to how they handle the complaint.

The thing with a chargeback is that is can be reversed afterwards by the retailer - So I wouldn't count on it too much.

mattyprice4004

The garage offered to repair, you declined. If the chargeback fails I wouldn't be surprised if the garage don't want to give you the time of day.

A few things to note - you mention a 'potentially' cracked block and 'potentially being driven like a race car' - a cracked block is rather serious and the word 'potentially' holds no water - you need proof of defects actually present.

To be honest, if they've offered to sort it and you spat your dummy out I think they've been fair, perhaps you kicked up more of a fuss than you should have, and are now paying the price?