Section 75

Jayy123

Hi all. Apologies in advance and would massively appreciate anyones guidance on what to do with my situation. Appreciating there may be a post already covering this topic..

I have used a garage to get paint protection applied on my new Audi.. garage in question has ended up polishing the bonnet straight through to metal. I have had to pay the garage for its shoddy service to get my card back.

First £700 was on debit card and the remainder on credit card.. the garage had my car nearly 8 weeks and refused to give it back until it rectified the work. In total they worked on the car bonnet 3 times and still haven't completed work to satisfactory standard. I have started a section 74 claim with my credit card provider but wanted to know whether I could be covered as usually people say as long as you pay deposit of 100 or above and then rest by whatever method you should be covered if goods and services are not provided as mentioned. But my situation is different as I have paid the last amount by credit card of total invoice. Total invoice is 1000.

Also I have obtained 2 independent reports from well established garages who have strongly advised the work has not been completed to satisfactory standard and given estimates on paper. One of them I have had to pay for which is an insuarnce approved report meaning if it went to court it would be satisfactory rather than a guesstimate quote.

Also the garage had my car for 8 weeks and have admitted through text messages they haven't done the work properly and blamed my car for being bad luck.. wow what world do we live in.. if you can't provide a service of satisfactory standard find and easy way out..

Thanks all just want to know If I actually have a chance as I'm massively out of pocket in getting the vehicle rectified. Feel bad that the garage is getting away with this.

Jayy123

Forgive me for the spelling mistakes.

YorkshireBoy

Did you pay the "remainder" before of after it became apparent that the workmanship was, or was likely to be, poor?

And for info, you don't need to pay "£100 or above" by credit card. As little as 1p (although not practical or sensible) will secure section 75 protection, subject to the goods or service being eligible and there being a D-C-S relationship of course.

Jayy123

I paid it after. In order to collect my car.

born_again

Speak to your card provider.

It is possible that chargebacks will cover both debit & credit card payments.

18cc

The first thing to do is to make it clear to the garage in writing that you want a refund of everything

if they refuse then you go to your credit card and claim the total amount you have paid them i.e. everything on debitcard, credit card, cash - anything

this was still leave you out of pocket for example the insurance report and presumably the cost of remedial action

this you would have to claim by the small claims court - a fairly simple procedure

Obviously if you don't get a refund from the garage or the credit card company you will have to add this amount to the small claims court claim

YorkshireBoy

18cc wrote: »

this was still leave you out of pocket for example the insurance report and presumably the cost of remedial action

this you would have to claim by the small claims court - a fairly simple procedure

I disagree. A successful* section 75 claim will result in reimbursement of all directly associated consequential losses. And all the above are...aren't they?


* I can't see this one being successful, however, as post #4 seems to indicate that they bought the section 75 "insurance policy" after the fact...doesn't it?

Jayy123

Thanks all. Have been busy with work and only just remembered to log in. Wish me good luck I have put in a charge back claim and a section 75 as advised by FOS. Whichever works

Jayy123

Hi all. Good news I have recieved my charge back monies back. Majority of the invoice value. Gutted as it will cost me alot more to rectify the mess. Speaking to card provider they have advised the garage has a right to dispute. But at the same time they have advised the chances of the garages dispute being successful are slim due to myself providing 2 independent vat registered garage reports which confirm the work completed on my car is not satisfactory and detailing the defects. I have also sent them a conversation trail (text) of garage mentioning that my car is bad luck hence for them not being able to repair it properly after numerous attempts. What do you guys think about what my bank have advised? I do concur with them as I have all the evidence which has been compiled after I have recieved my car back. In example even if the garage who repaired my car badly went disputed the charge back and claimed to have repaired my car properly according to them I have 2 reports stating otherwise. Just saying as the garage is the dodgiest I have ever come across. Your replies would be highly appreciated.

eco_warrior

Jayy123 wrote: »

Hi all. Good news I have recieved my charge back monies back. Majority of the invoice value. Gutted as it will cost me alot more to rectify the mess. Speaking to card provider they have advised the garage has a right to dispute. But at the same time they have advised the chances of the garages dispute being successful are slim due to myself providing 2 independent vat registered garage reports which confirm the work completed on my car is not satisfactory and detailing the defects. I have also sent them a conversation trail (text) of garage mentioning that my car is bad luck hence for them not being able to repair it properly after numerous attempts. What do you guys think about what my bank have advised? I do concur with them as I have all the evidence which has been compiled after I have recieved my car back. In example even if the garage who repaired my car badly went disputed the charge back and claimed to have repaired my car properly according to them I have 2 reports stating otherwise. Just saying as the garage is the dodgiest I have ever come across. Your replies would be highly appreciated.

It’s good you’ve got a chargeback claim off the ground.

From my experience, the chances of this type of chargeback being challenged are more likely than most. However having provided independent reports should be advantageous.

Claims with works on cars are usually quite tricky , but the fact it’s paint protection as opposed to engine works (something more complex/subjective) seems much more straight forward imo. Been doing this for a long time.

Jayy123

Thanks for the reply. Much appreciated. Hoping the dodgy trader doesnt bother trying to pursue this further because I wont give up. The stress and time waste that this has caused is immense