Question regarding Payment Dispute

laughsatcats

Hi,

I have started a dispute with car dealer via credit card company to get a refund and have a question :

The car will be ready for collection on the 6th January, however the disoute will nowhere near be resolved by then, is it better to let the dealer keep the car until despute resolved or for me to take it back until dispute is resolved?

Any advice would be massively appreciated.

Thanks

dogshome

Not enough information really


Whatever the beef is, you are in far stronger position by leaving the car with dealer,which allows you to easily reject it, than accepting it with it's problem and trying to reject it later

Inner_Zone

laughsatcats wrote: »

Hi,

I have started a dispute with car dealer via credit card company to get a refund and have a question :

The car will be ready for collection on the 6th January, however the disoute will nowhere near be resolved by then, is it better to let the dealer keep the car until despute resolved or for me to take it back until dispute is resolved?

Any advice would be massively appreciated.

Thanks

So if you don't currently have it, why would you pick it up on the 6th if in depute only to return it later? Bearing in mine it probably will need to be taxed and insured while in your ownership.

Does nor make any sense.

Or is there a lot more you are not telling?

What is the depute?

laughsatcats

Hi,

The car was purchased early November and there was issue immediately.
Dealer failed to fix on first attempt and despite many requests for refund, they have sent it off to be fixed, their second attempt.

As was purchased using credit card we have started a dispute to get refund but that is ongoing but garage have said car will be fixed on the 6th and we have just been wondering if legally its better to tell them to keep car until dispute is finalised or to take it back and await outcome?

Scrapit

If you are getting a refund(or hope to) then you have rejected the car. That means you cant use it, so why would you collect it? If you collect it and use it then surely it can't have problem?

pinkshoes

laughsatcats wrote: »

Hi,

The car was purchased early November and there was issue immediately.
Dealer failed to fix on first attempt and despite many requests for refund, they have sent it off to be fixed, their second attempt.

As was purchased using credit card we have started a dispute to get refund but that is ongoing but garage have said car will be fixed on the 6th and we have just been wondering if legally its better to tell them to keep car until dispute is finalised or to take it back and await outcome?

In which case you have rejected the car as being not fit for purpose, so why on earth would you collect it...?

Write to the dealer, state that they have already had their one opportunity to fix the car, and after this was unsuccessful then you rejected the car, and therefore will not be collecting it, but are currently seeking a refund through your credit card.

What was the issue? What have you been driving since you returned it a second time? (I’m hoping not a car they supplied!!!)

laughsatcats

Hi,

There was an engine warning light that came on within 24 hours of vehicle purchase, they had a chance to fix it (gearbox) they said it was my partners driving style causing the problem, reset the light and sent us on our merry way. No surprise light came back on and fearing another call to their terrible customer department we took to independant garage who said "gear box is £$%&'ed, needs replacing".
Dealer refused refund and was horrible, even though the actually diagnosed a problem with it, just didn't fix. Refund requested, denied and instead they have sent the car off to be fixed, in the meantime we have raised a dispute with my cred card company (paid entirely on this for car from dealer) and that takes 7-14 days for a response. The car will be ready for collection on Monday 6th, but dispute will not even be responded to by card company so we are not sure, from a legal standpoint, if it is better to just leave it with dealer and say what you mentioned "you didn't fix it first time, it is with barclaycard currently, speak with them", or, collect the car and await feedback from cred card company?

Shaun_of_the_Dead

laughsatcats wrote: »

Hi,

There was an engine warning light that came on within 24 hours of vehicle purchase, they had a chance to fix it (gearbox) they said it was my partners driving style causing the problem, reset the light and sent us on our merry way. No surprise light came back on and fearing another call to their terrible customer department we took to independant garage who said "gear box is £$%&'ed, needs replacing".
Dealer refused refund and was horrible, even though the actually diagnosed a problem with it, just didn't fix. Refund requested, denied and instead they have sent the car off to be fixed, in the meantime we have raised a dispute with my cred card company (paid entirely on this for car from dealer) and that takes 7-14 days for a response. The car will be ready for collection on Monday 6th, but dispute will not even be responded to by card company so we are not sure, from a legal standpoint, if it is better to just leave it with dealer and say what you mentioned "you didn't fix it first time, it is with barclaycard currently, speak with them", or, collect the car and await feedback from cred card company?

Have to put your request to reject the vehicle in writing to the dealer?

If not do so, if you have great. Do not collect the car as it's not yours to use after rejection.

born_again

If you take the car from the dealer then the dealer will reject the dispute. So in effect you have no further grounds for disputing via your card.
A retailer has 45 days to reject a dispute from when it's started.

But, and here's the rub. You could leave the car with them, but as they have fixed it and advised you. They technically under card regulations. can still reject the dispute and keep the car.
You would then be left to claim back via court's.

Are you going to be happy if they fix the car?

laughsatcats

Not really, we just want a refund.

AdrianC

If the rejection has been agreed, then it's their car now - they just owe you the money.

If the rejection hasn't been agreed, then taking the car back will weaken your argument.