Chargeback advice please

Nells0161

MBNA agreed to a Chargeback after a car I purchased wasn't fit for purpose.  The car cost £4999.  I paid £4400 on my interest free MBNA credit card and £599 on my RBS debit card.
I have been waiting for 2 December when the 45 day waiting period is finished.  Yesterday the merchant rang to say he would be taking back the chargeback but would be refunding me £4311.  They said they would be charging me £688 for the mileage used on the car up until it broke down.
I had to have the car towed to a garage where it has been stored since September.  The garage are saying they want £360 storage fees.  The merchant said he is prepared to go half as he didn't agree to the storage, even though I had told him 3 times in emails that I was being charged storage.  He point blank refused to refund initially it was only when MBNA. did the chargeback that he has agreed.

So.. my questions are!   Is he able to insist on mileage charge AND is he right in saying he only has to go half on the mileage.  Also should I just cut my losses and agree to the £4491 refund.  I had the car for 3 months and used about 1700 miles. He's charging m 40p per mile.

Any advice much appreciated.  Thank you.

eskbanker

Why didn't you have the car towed to the place you bought it from rather than a different place that charged storage costs?  I can see the merchant's argument that such costs aren't necessarily recoverable, so splitting them may be reasonable.

Likewise a deduction for use is enshrined in the legislation, so you wouldn't be entitled to a full refund.

All in all, I'd take their offer, especially if the chargeback rejection would result in you needing to pursue the merchant in court, where you might not secure any better offer....

Nells0161

We could only be towed by the recovery company to the nearest garage to home.  The merchant is about an hour away from where we live, the garage was 10 mins away. We had no choice.

What do you mean by the chargeback rejection? Sorry I'm new to all this and never done it before. 

I think I knew I should accept it's just he was so arrogant and argumentative and I don't want him to get away with anything.  He could have saved all this if he'd agreed in the beginning. 

eskbanker

Nells0161 said:

What do you mean by the chargeback rejection? Sorry I'm new to all this and never done it before. 

You said that:

Nells0161 said:

I have been waiting for 2 December when the 45 day waiting period is finished.  Yesterday the merchant rang to say he would be taking back the chargeback but would be refunding me £4311

When you raise a chargeback, your bank provisionally refunds you but then gives the merchant the opportunity to dispute it (over the 45 day period you refer to), so if he's doing so then the refund is reversed, i.e. when he advises your bank (via his) that he's challenging the chargeback, they'll take the money back from you.

km1500

certainly you should not get the full cost of the car back because you had it for three months and did 1700 miles so that is worth something 

whether it is 40p per mile plus storage or whatever is up to you to negotiate with the garage

Nells0161

Ah right I understand.  Thanks very much that's put my mind at rest.  I will accept his offer. 

DullGreyGuy

Motor vehicles are the exception, for everything else there can be no deduction in the first 6 months but for vehicles there can be once the short term right to reject has ended. In all cases once use can be deducted it can be deducted from the date of purchase not the end of the period which use cannot be charged for.