Legal Question in Consumer Law in Washington

Car Repair

If you charge a car repair on a Visa, and the repair did not fix the problem you took the car in for, do you have to pay the bill?


Asked on 1/26/03, 1:34 am

1 Answer from Attorneys

Daniel Hawes Hawes & Associates

Re: Car Repair

I don't presume to suggest anything about state law where you live. However, as a matter of federal law (the Fair Credit Billing Act), you have a limited period of time from the date you receive a statement from the credit card company in which to report billing errors and demand that they be corrected. I'd point out here that the card issuer is considered the agent of the merchant for that purpose. If you got charged for something you didn't receive, that's a "billing error". They can't charge you for it or charge you interest on it unless and until they conduct a good-faith investigation and make a determination of the facts. That's going to give you time to find out about the local consumer protection statute. Go to your local library and ask to see the state code. Look in the index under "consumer protection" and read the statutes that apply. Chances are it's pretty complicated, so after you learn enough to ask intelligent questions, look in the 'phone book under lawyers and call one who does consumer protection litigation. Most consumer protection statutes provide for an award of attorneys' fees if you win.

Make sure you notify the credit card issuer in writing at the correct address (probably on the back of the statement in teeny-tiny light grey print); calling them on the telephone will only give them a chance to try to trick you out of doing anything that will legally protect your rights. Get a certificate of mailing, or even better, proof of delivery from the USPS when you mail the letter.

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Answered on 1/26/03, 8:27 am


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