Successful charge back on fault and miss-sold car - 45 day limit?

manwithoutaplan

I was recently granted a chargeback by my creditcard company for a car purchase.

The car arrived with an oil consumption and misfire issue (currently parked on my drive unable to use it)

I have diagnostic reports as evidence and solid proof that the car was sold with full service history when in fact it had lots missing.

I was told my account had been given a temporary credit that will become permanent after 45 days if the merchant's bank fail to contact them.

I called the credit card company asking if I could use the refunded credit and they said yes.

Does this sound right? while I find it extremely unlikely the merchant would get anywhere in terms of disputing it I guess it is possible?

The card is 0% under the condition that the purchases are made within the first 60 days. I have just over a month left!

eco_warrior

Where I work we’ve taken a business decision to never chargeback used cars purchase as we never win.

Mastercard have been telling us for year not to bother. Even when the fault occurs immediately after purchase.

However, in regards to using the credit, banks won’t stop you even if it’s not permanent. They will just redebit you if they need to.

manwithoutaplan

Hi,

Are you saying the dealer's bank are likely to appeal the decision and win? Meaning I lose the credit again?

Thanks

born_again

manwithoutaplan wrote: »

Hi,

Are you saying the dealer's bank are likely to appeal the decision and win? Meaning I lose the credit again?

Thanks

Not the dealers bank.. It's the dealer that contests it. And YES you can lose the credit.

Like the other poster. We do not like these (Visa). As in effect the car should be back with the dealer before a C/B is actioned, or they have refused to collect it or take it back.
We always advise other options 1st as if they have the car and contest the C/B you can end up with no car & no money...

How much was the car? And how was it described. Might be something that S75 would cover.

manwithoutaplan

born_again wrote: »

Not the dealers bank.. It's the dealer that contests it. And YES you can lose the credit.

Like the other poster. We do not like these (Visa). As in effect the car should be back with the dealer before a C/B is actioned, or they have refused to collect it or take it back.
We always advise other options 1st as if they have the car and contest the C/B you can end up with no car & no money...

How much was the car? And how was it described. Might be something that S75 would cover.

The car was just under £6000. It was described as having full service history (I have the advert saved that explicitly lists this ) and I have obtained the digital service record from the car manufacturer that proves this was incorrect.

The car arrived with the oil light on and misfiring, this became constant during the first week of ownership, the car undriveable and has been on my drive for weeks.

I have a full ecu diagnostic report from a performance specialist / garage that lists the constant misfires.

I started a section 75 (didn't know they were doing a chargeback until I got one!) and a Consumer rights act 2015 30 day right to reject at the same time

I'm still within the 30 days and have the right to reject for at least two reasons!

I did receive a letter from their legal guy asking them to inspect and that I must return it at my expense. I actually don't need to do this as within the first six months the burden of proof is with the dealer and they must collect from where I took possession (my address)

I'd be amazed if they managed to overturn this will all the evidence I have - would it then escalate to sec.75?

Terry_Towelling

What follows is just my opinion and does not constitute legal advice.

On the face of it, it does appear that the vehicle was sold as having a FSH when it doesn't. That sounds very much like a misrepresentation that could have acted as an inducement to buy. If you can prove that misrepresentation, you may indeed have a chance of getting your money back via a S75 claim against the dealer, the card company or both.

The dealer may claim that they bought the car in on the basis that it had a FSH and therefore any misrepresentation was not deliberate, but I'd regard that as immaterial. They are a dealer, they have the wherewithal to check these things - as you have done.

One other fly in the ointment is the description of a FSH. How is that actually defined in law? When a main dealer performs a service, the manufacturer may be told about it, but if a non-franchised dealer does a service, or if an owner does it themselves, the manufacturer may never know. So, your case may hang on the fact that where something is described by a dealer as having a FSH, the implication is that they are traceable services done by a body authorised to do them. It would also be helpful to be able to show that the faults on the car would be unlikely to have occurred if the vehicle had been serviced properly - but I don't think that is critical to the misrepresentation argument.

I think you have a reasonable case.

eco_warrior

manwithoutaplan wrote: »

The car was just under £6000. It was described as having full service history (I have the advert saved that explicitly lists this ) and I have obtained the digital service record from the car manufacturer that proves this was incorrect.

The car arrived with the oil light on and misfiring, this became constant during the first week of ownership, the car undriveable and has been on my drive for weeks.

I have a full ecu diagnostic report from a performance specialist / garage that lists the constant misfires.

I started a section 75 (didn't know they were doing a chargeback until I got one!) and a Consumer rights act 2015 30 day right to reject at the same time

I'm still within the 30 days and have the right to reject for at least two reasons!

I did receive a letter from their legal guy asking them to inspect and that I must return it at my expense. I actually don't need to do this as within the first six months the burden of proof is with the dealer and they must collect from where I took possession (my address)

I'd be amazed if they managed to overturn this will all the evidence I have - would it then escalate to sec.75?

If the chargeback isn't successful then yes your credit card issuer should progress down the S75 route. I hope you get the end result you need.

born_again

manwithoutaplan wrote: »

The car arrived with the oil light on and misfiring, this became constant during the first week of ownership, the car undriveable and has been on my drive for weeks.

Thanks for the other info.

But if it arrived (did dealer deliver it) with the light on why was it accepted?

manwithoutaplan

born_again wrote: »

Thanks for the other info.

But if it arrived (did dealer deliver it) with the light on why was it accepted?

I had a third party trade plate courier deliver it, I inspected when I got home from work - contacted dealer the next day

chanz4

what if they didn't have a dealer service it , that wouldn't show on a print out

manwithoutaplan

chanz4 wrote: »

what if they didn't have a dealer service it , that wouldn't show on a print out

It came with one physical receipt -when combined still missing 5 years!