Bank have gone back on chargeback

visidigi

Did you stop using the car at the point you did the chargeback?

Or have you used it at ANY point since you rejected it?

DullGreyGuy

Tilleyboatje762759682 said:

DullGreyGuy said:

Be realistic that the ombudsman will be unlikely to consider them paying for the car out of their own pocket as a reasonable resolution to your complaint. More likely they'll be asked to deal with the additional costs of the overdraft whilst you resolve the matter of the vehicle. 

Thank you for the advice. Do you think they may consider the fact that I missed out on the opportunity to fix the car under warranty because of their advice? 

Also, if you wouldn't mind sharing, what would your next steps be? Court action seems a long and expensive option and the car was only bought for £3600. I've heard that dodgy dealerships just refuse to pay damages anyway and re-open their company under a different name.

It's a hard argument to have.. you cannot receive the same benefit from multiple sources, that would be undue enrichment, but nothing says you can only follow one path of resolution at the same time. As such they may question why you rejected the option of the warranty. 

Next steps are firstly a complaint to the bank over the wrongful advice. Secondly you need to restart the conversation with the dealership about the faulty car they sold you. 

born_again

Okell said:

born_again said:

. On 13 January the money was still in the account, so I phoned the bank who confirmed that the case was closed and that the chargeback was successful. I explained that I was worried that the car would break down on the way to the dealership, to which the employee explained that I simply needed to make the car "available for collection". I did this. 

Fast forward to 15 April and I received a letter from HSBC saying that they investigated the chargeback and were unsuccessful and that visa had ruled in favour of the merchant! 

Sound like who you spoke to that confirmed it was successful was not from the chargeback team & did not have access to the chargeback system, that would clearly show that retailer had contested the chargeback & that HSBC had gone back on Pre Arbitration. Which then means Visa (in this case) view the documents & arguments. Then make a binding decision.

So does that mean the chargeback has yet to be finally decided?  Or has Visa already reviewed the case and reached a binding decision?  

Will Visa know or have known that the bank simply told the OP to make the car available for collection and that he didn't need to return it?

As far as chargeback goes that is the end as Visa made their binding decision. Although bank could go to retailer on a good will basis & see if they are prepared to offer anything. In reality that is a waste of time, never known one agree to anything.. So is not something that is even tried anymore, as it is out of the regulations.

Visa regs do state it should have been returned, or made available to be returned if dealer is not picking up.
Especially as the dealer offered under warranty, but OP declined.

Could be a interesting court case, given it is OP that said no to the dealer warranty fix. Thus not giving the retailer their one chance to fix. 
I would be pretty sure this is what retailer used as their rejection of the chargeback & would be the basis of any other defence.

DullGreyGuy

born_again said:

Okell said:

born_again said:

. On 13 January the money was still in the account, so I phoned the bank who confirmed that the case was closed and that the chargeback was successful. I explained that I was worried that the car would break down on the way to the dealership, to which the employee explained that I simply needed to make the car "available for collection". I did this. 

Fast forward to 15 April and I received a letter from HSBC saying that they investigated the chargeback and were unsuccessful and that visa had ruled in favour of the merchant! 

Sound like who you spoke to that confirmed it was successful was not from the chargeback team & did not have access to the chargeback system, that would clearly show that retailer had contested the chargeback & that HSBC had gone back on Pre Arbitration. Which then means Visa (in this case) view the documents & arguments. Then make a binding decision.

So does that mean the chargeback has yet to be finally decided?  Or has Visa already reviewed the case and reached a binding decision?  

Will Visa know or have known that the bank simply told the OP to make the car available for collection and that he didn't need to return it?

As far as chargeback goes that is the end as Visa made their binding decision. Although bank could go to retailer on a good will basis & see if they are prepared to offer anything. In reality that is a waste of time, never known one agree to anything.. So is not something that is even tried anymore, as it is out of the regulations.

Visa regs do state it should have been returned, or made available to be returned if dealer is not picking up.
Especially as the dealer offered under warranty, but OP declined.

Could be a interesting court case, given it is OP that said no to the dealer warranty fix. Thus not giving the retailer their one chance to fix. 
I would be pretty sure this is what retailer used as their rejection of the chargeback & would be the basis of any other defence.

They state the problem developed 3 days after purchase, we dont know exactly when they made their first attempt to return it but if it was within the first month of ownership they dont have to allow the dealer an opportunity to fix it as there is the short term right of rejection under the CRA

Ectophile

born_again said:

Could be a interesting court case, given it is OP that said no to the dealer warranty fix. Thus not giving the retailer their one chance to fix. 
I would be pretty sure this is what retailer used as their rejection of the chargeback & would be the basis of any other defence.

OP was under no obligation to let them put it right.  They have a 30 day right to reject under consumer law.