Chargeback or court?

Monkeyboyjc · 8 May 2018 at 7:11AM

So.... I bought a vw Touran mid Feb for £3491, bought with a visa debit card. 6 weeks later (and only 152 miles use), the top engine mount fails, the engine moves and pushes the timing belt in into other parts of the engine bay, half spreading it. Also there was a major issue with the gearbox, as the engine moved the clutch went straight to the floor. This happened in almost stationary traffic, and as I was changing gear as the traffic moved.
Called out the AA, who towed the car back to the dealer, and phoned him the next day. He said he was going on holiday for two weeks but not to worry as itll go to a mates garage to be sorted (no mention of who will pay, but insinuating that I would at a discount cost). The garage looked at it whilst he was away, confirmed that engine mount had failed but won't say why.
After the dealer returned from holiday and a few phone calls later which went into "I've got a legal team, you've not a leg to stand on" etc I said, fine weIl start doing this in writing. I've now formally rejected the car, in writing, 14days have been and gone an no responce.

So what are my next steps..... Attempt a chargeback through visa debit or go straight to court (costs etc that I don't want).
If I go the the chargeback route are there any come backs? Ie can he take me to court?
Thanks

pinkshoes · 8 May 2018 at 11:36AM

Monkeyboyjc wrote: »

So.... I bought a vw Touran mid Feb for £3491, bought with a visa debit card. 6 weeks later (and only 152 miles use), the top engine mount fails, the engine moves and pushes the timing belt in into other parts of the engine bay, half spreading it. Also there was a major issue with the gearbox, as the engine moved the clutch went straight to the floor. This happened in almost stationary traffic, and as I was changing gear as the traffic moved.
Called out the AA, who towed the car back to the dealer, and phoned him the next day. He said he was going on holiday for two weeks but not to worry as itll go to a mates garage to be sorted (no mention of who will pay, but insinuating that I would at a discount cost). The garage looked at it whilst he was away, confirmed that engine mount had failed but won't say why.
After the dealer returned from holiday and a few phone calls later which went into "I've got a legal team, you've not a leg to stand on" etc I said, fine weIl start doing this in writing. I've now formally rejected the car, in writing, 14days have been and gone an no responce.

So what are my next steps..... Attempt a chargeback through visa debit or go straight to court (costs etc that I don't want).
If I go the the chargeback route are there any come backs? Ie can he take me to court?
Thanks

I don’t think you can just reject the car after 6 weeks, BUT... they do need to fix it at their cost.

I would write to them again asking them to fix it within 14 days or issue a full refund of £3491, and failure to do either will result in court action.

In the mean time, speak to the card issuer about a chargeback and see what they say. They may advise that the garage need to be given the opportunity to fix it. If the garage refuse to fix or refund, you could then start the chargeback procedure if the card issuer agrees, but if not take it to court.

Monkeyboyjc · 8 May 2018 at 12:14PM

Yep, already have the 2nd letter written to go this afternoon. This one offers a ADR / mediation.
I've asked him to fix it at his cost which he refused on the phone, he's not put this in writing yet though, in fact he's put no communication in writing, which is why I'm concerned.
The car is still at his mates garage, waiting for repair, small claims court could take a further 4<6months before settlement.
Im worried that if I wait for him not to respond to this letter I'll be getting dangerously close to the 120day cut off for a chargeback.

steampowered · 8 May 2018 at 1:42PM

Try to do a chargeback if you can, as it is the easiest/simplest route.

If you succeed in doing a chargeback, he is able to take you to court if he wishes.

If the chargeback doesn't work, then go through the small claims route.

unholyangel · 8 May 2018 at 1:59PM

I echo the above. Chargeback first - the only thing it will cost you is a little time waiting on the outcome.

bris · 8 May 2018 at 2:43PM

Well we don't know the full story here, first the car is used so has the OP established the fault are not down to wear and tear, remember wear and tear comes free with every used car. The age and mileage is a big factor in that.

The OP really needs an independent report to really know where he stands, just rejecting the car won't win a case.

shaun_from_Africa · 8 May 2018 at 2:53PM

bris wrote: »

Well we don't know the full story here, first the car is used so has the OP established the fault are not down to wear and tear, remember wear and tear comes free with every used car. The age and mileage is a big factor in that.

The OP really needs an independent report to really know where he stands, just rejecting the car won't win a case.

The OP doesn't need to establish anything.
As far as the CRA is concerned, there is no difference between new any used goods when it comes to determining what caused a fault and in the first 6 months from purchase then it is assumed that the fault was there when the vehicle was purchased.
If the trader disagrees with this, it is up to them to prove otherwise.

Even if it is wear and tear that caused the failure, do you really think it acceptable for a vehicle purchased from a dealer to last less than 3 months before major repairs are required?

Chargeback or court?

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