If I had my transmission completely rebuilt but it doesn’t work properly, should I do a charge back on my credit card until they get it right?

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If I had my transmission completely rebuilt but it doesn’t work properly, should I do a charge back on my credit card until they get it right?

1st answer I got was “no” based on assumtion I was being “too picky” The transmission is clearly not working properly getting stuck and failing to shift, the rpm is near redline at 50 mph during normal driving at the time and the check engine light is on. 30 years of car ownership I am clear as to a properly functioning transmission vs being picky. The truck is now in the shop for the 4th time. I feel I was mislead when they claim to be transmission specialist. Their incompitance is preventing me from using the truck for work. to pay the credit card.

Asked on May 18, 2012 under General Practice, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

A chargeback would almost certainly be reversed if they contested it. That is because you can only chargeback in the event of fraud or error--basically, if you are being charged when you should not be. If the are working on the transmission and trying to correct it, however, it would be not be fraud or error, at least not of the type that would support a chargeback. If you chargeback, the credit card company will contact the shop and ask if they have done or are doing work for you. The shop will repy yes--that while it is taking longer than they hoped, they are working on your truck (and/or that they just finished working on your truck); when they say that, the money will be returned to them.

The proper recourse is a lawsuit, where you can attempt to prove that they lied about qualifications, or were negligent/careless, or never actually did the work they claimed. The problem from your perspective is that the credit card company is not a judicial forum--they do not render an opinion on who is in the right or wrong, but only check into whether you authorized work to be done by this company. If you did, they will pay the company.


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