Barclaycard & dealer disputes

Discussion in 'Finance, Property, Law' started by Taffnp, Mar 29, 2009.

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  1. In Dec, as I was leaving work my car key snapped off in my boot.

    I was told that it worked on a 3 key system and therefore I may require 2 new keys @ £55 each which being Fiat would have to come from Italy.

    I took my car into the Fiat dealer who was quite helpful and explained the 3 key system. He explained that we may be able to save money by cutting a normal key (not containing a transponder) and holding the stub of the old one next to it in the ignition lock therefore counting as one key and only requiring one blank to be cut with the transponder in it.

    This plan worked and he duly cut a blank. I paid by visa card at the counter and then he accomponied me to my car to programme the new key.

    The system being

    Master key in - light goes out
    Normal key in (used the cheap blank and held the stub next to the sensor)
    Light went out
    New blank in - light stayed on.

    All this £55 blank did was the same as a normal £5 one, enable me to turn the radio on.

    He shrugged his shoulders and was not very helpful.

    As I had paid by Visa I contacted them and submitted a form and a letter explaining what had happened.

    They wrote back and told me that my dispute was declined and that I should contact the Fiat dealer.

    I wrote him a letter explaining my annoyance but recieved no answer. Why should he answer ? he had already been paid by Visa. He probably laughed and threw it in the bin.

    I have now recieved my new Visa bill with the transaction for the key plus interest. I have written back explaining that I told them there was a dispute and that they should not have paid until it was settled. Now I have a happy Fiat dealer who has been paid and Visa chasing me for money which they wasted on my behalf.

    Any advice would be appreciated
     
  2. Phone the bloke.
     
  3. I thought of that. I wanted a reply in writing for reference.
     
  4. Sorry to hear of your woes.

    Buying things off a credit card is quite a weird and slightly complicated legal transaction. I will try to explain here:

    Whatever you buy on a credit card, whether it is worth £1 or £10,000, the process of what happens is exactly the same in law.

    In your case, you were advised to buy a key that was not really fit for purpose. The Fiat dealer believe it or not, "sold" that key to Barclaycard and you then "bought" that key from Barclaycard.

    For those of you that are interested, this is known as a 3 party debtor, creditor, supplier agreement.

    So, as the key is not fit for purpose, pursue Barclaycard and say that they misrepresented the facts that they key would work yadda yadda and that it doesnt. ( I know that they didnt make the representations in real time, but in law they did (kind of) ).

    If you harass them enough, they will get bored of you and it will be easier for them to take the money back from the Fiat dealer and than it will be dealing with a pain in the a*se client ( I mean that in a positive way). Moaning sometimes is the only way to get big organisations to take notice.

    Threaten to make a complaint to the Office of Fair Trading and also the Banking Ombudsman. As a tactical move, demand that they send you their internal complaint forms and the address etc of the Office of Fair Trading and Banking Ombudsman.

    That should hopefully work.

    Have you thought about making a complaint to the Fiat dealer and Fiat UK etc and just get them harassed too so that they may refund you as a gesture of goodwill?

    If not, I am afraid the only other route is the legal one, which frankly, as I am sure you already know, very probably is not worth it.

    Hope that helps.

    Let us know how you get on
     
  5. I e mailed the financial ombudsman yesterday who deal with disputes. I received an automated response and should get a more detailed reply later. They advised complaining to Fiat.

    I also contacted a locksmith to see if he could do anything with my key, which unfortunately he could not. He told me that he buys blanks with a chip in them for £3.99 + VAT so that cheered me up no end.
     
  6. There is a difference between the Banking Ombudsman and the FSA (Financial Services Authority) and the Financial Ombudsman.

    I would still harass the credit card company to see if you get any joy