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Chargeback ongoing and possible CCJ threat from car mechanic

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  • Chargeback ongoing and possible CCJ threat from car mechanic

    I'll try to condense the back story. I had an ongoing car problem, went to a garage, was told that replacing a part would fix the problem, paid near £900 for the privilege and went on my merry way.

    The same problem continued to happen, went back again, they did whatever they did and said it was sorted. The same problem occurred again, called and was going to take it back in, but changed my mind as it became clear to me they don't have a clue in what they are doing.

    So despite being £900 down, I still have the original problem before I went into the garage. Contacted my credit card as the garage declined a refund and asked for a Section 75 to be issued. The credit card company issued a chargeback.

    The car company declined the first stage and I wrote my defence. It is currently in the second stage and waiting for the 45 days for the company to respond.

    I received a phone call from the director of the garage today (who is based at another branch) stating that the card company had agreed to give me my money back (they haven't, as stated above, I am waiting for the 45 day process to happen and I clarified with the card company) and basically threatening a CCJ.

    I have been told that a refund can be given if the part is returned but this is no good without the original part to be placed back in, which the director failed to mention.

    Can they threaten me with a CCJ when 1: over the phone and 2: whilst I'm in the middle of a chargeback process with the credit card company?

    Can a CCJ be started without a pre-action letter?

    Thanks!
    Tags: None

  • #2
    They can threaten, of course. Once they decide to do so, you should receive a pre-action letter.

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