Section 75 chargeback and evidence..paying for it

thebathhouse

Hello,
So, in September we broke down 650 miles away from home. RAC recovered us and we got sent to a garage for the van to be fixed. Long story short, part of the repair failed less than two days later, when we got home, so we got that fixed by the local garage. Then the whole repair then failed three weeks later. We got legal advice and were told not to send the failed part back until the initial garage gave us a refund, because our contract was with them. If the parts were faulty, then they have to take that up with their supplier. They refuse to do anything until we send the part back.
So we started a dispute with our credit card company to get the money back, under section 75. Sent them the evidence they wanted. Now they want a 'detailed expert report' of our alternator (which was never the problem and we had that checked when the garage did the repair at home. We have an invoice saying they checked it, but no report as such, as we didn't ask for one and didn't think we needed one). So now we have to pay about £45 to get a detailed report for something which we have already had checked and paid for. Is the credit card company allowed to get us to do this? They've had proof we had the alternator checked. We have the broken parts here, waiting to be sent back to the garage so they can do a warranty claim, but now we're in limbo..

DullGreyGuy

It is up to you to prove your claim against them rather than for them to disprove it. Note that any reasonable costs incurred in proving your claim are added to the cost of your claim assuming they support your position.

You'd need to speak to an engineer/ mechanic and say exactly what went wrong, what fix was originally done and the two subsequent fixes to be able to determine if a report on the alternator is appropriate or irrelevant. 

[Deleted User]

Remember that S75 is asking the bank to pay for the money you spent out of their pockets (hence why they prefer chargeback). As such obviously they will put up barriers where they can including, yes, asking for expert reports to prove the case

born_again

thebathhouse said:

Hello,
So, in September we broke down 650 miles away from home. RAC recovered us and we got sent to a garage for the van to be fixed. Long story short, part of the repair failed less than two days later, when we got home, so we got that fixed by the local garage. Then the whole repair then failed three weeks later. We got legal advice and were told not to send the failed part back until the initial garage gave us a refund, because our contract was with them. If the parts were faulty, then they have to take that up with their supplier. They refuse to do anything until we send the part back.
So we started a dispute with our credit card company to get the money back, under section 75. Sent them the evidence they wanted. Now they want a 'detailed expert report' of our alternator (which was never the problem and we had that checked when the garage did the repair at home. We have an invoice saying they checked it, but no report as such, as we didn't ask for one and didn't think we needed one). So now we have to pay about £45 to get a detailed report for something which we have already had checked and paid for. Is the credit card company allowed to get us to do this? They've had proof we had the alternator checked. We have the broken parts here, waiting to be sent back to the garage so they can do a warranty claim, but now we're in limbo..

Who gave this legal advice?

As garage will not give a refund till they are able to check part is faulty. Would you if you sold something & someone said it did not work, without wanting to check it?

Get the garage at home to give you a report. If you win you get it back, lose you have to pay for it. But given their repair failed as well, tends to point to a further underlying issue, rather than faulty parts.

But as you have not mentioned any vehicle details, you have to factor in that a new car would be a easier case to prove, over a 10 year old car where issues are more likely to crop up.

thebathhouse

Thank you for your replies.  I totally agree that if we sold something and someone said it was faulty, we'd want to check. 
The vehicle was a 2006, and yes, we expect things to go wrong.  The actual tensioner pulley and belt went. This was the original repair. It was a belt that failed the second time, and we did send that back to the Scotland garage. They are waiting to hear from the manufacturer about that. We replaced the belt with a genuine Renault one when we got home. We had the alternator checked when we had the genuine belt fitted, as the Scotland garage said to check it. Nothing was found to be wrong with it. This is what the Scottish garage is saying is the problem, but we've already had it checked and found it ok. Now they're wanting a full, detailed report, which we have to pay for.
We will pay for the report to be done, as we know there is no issue with the alternator. As we might be able to claim that cost back as well, it's worth it.
Thank you for your help

born_again

Sounds like there maybe a issue with one of the pullies. If belt keeps breaking

[Deleted User]

thebathhouse said:

Thank you for your replies.  I totally agree that if we sold something and someone said it was faulty, we'd want to check. 
The vehicle was a 2006, and yes, we expect things to go wrong.  The actual tensioner pulley and belt went. This was the original repair. It was a belt that failed the second time, and we did send that back to the Scotland garage. They are waiting to hear from the manufacturer about that. We replaced the belt with a genuine Renault one when we got home. We had the alternator checked when we had the genuine belt fitted, as the Scotland garage said to check it. Nothing was found to be wrong with it. This is what the Scottish garage is saying is the problem, but we've already had it checked and found it ok. Now they're wanting a full, detailed report, which we have to pay for.
We will pay for the report to be done, as we know there is no issue with the alternator. As we might be able to claim that cost back as well, it's worth it.
Thank you for your help

If you win the s75 you will be able to claim the cost of the report, it's part of the rules