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  • FIRST POST
    • Sanchez The Cat
    • By Sanchez The Cat 12th Sep 17, 2:01 PM
    • 3Posts
    • 0Thanks
    Sanchez The Cat
    Disposal of a vehicle?
    • #1
    • 12th Sep 17, 2:01 PM
    Disposal of a vehicle? 12th Sep 17 at 2:01 PM
    I purchased a vehicle from a dealership but, there turned out to be multiple defects with the vehicle. The dealership were not interested in trying to rectify the problems so, I used the chargeback scheme through my credit card provider to claim a full refund.
    The money has been refunded to my account but, I still have possession of the vehicle. I have emailed the dealership twice to recover the vehicle but, they are not interested. They had a 45 day period to appeal the credit card companies decision to refund the money to myself but, that period ends this Thursday 14/09/17. I would like to know what I can do to get rid of the vehicle as, I don't want it sat outside my property any longer. I would've thought the dealership would have collected the vehicle as soon as the refund was issued but, they have made no effort to reclaim possession of the vehicle despite my multiple emails. Any advice with this issue would be greatly appreciated.
Page 1
    • BeenThroughItAll
    • By BeenThroughItAll 12th Sep 17, 2:14 PM
    • 4,415 Posts
    • 3,783 Thanks
    BeenThroughItAll
    • #2
    • 12th Sep 17, 2:14 PM
    • #2
    • 12th Sep 17, 2:14 PM
    Have it recovered to the dealership and leave it there?

    Drive it back?
    • shaun from Africa
    • By shaun from Africa 12th Sep 17, 2:25 PM
    • 9,453 Posts
    • 10,624 Thanks
    shaun from Africa
    • #3
    • 12th Sep 17, 2:25 PM
    • #3
    • 12th Sep 17, 2:25 PM
    Is the vehicle still registered in your name? and if so, it is insured, taxed and MOT'd?

    Even though you have your money back, if one or more of the above are missing and it's in your name, you will be the one that gets the fines.

    What sort of value is the vehicle concerned?
    • Sanchez The Cat
    • By Sanchez The Cat 12th Sep 17, 4:23 PM
    • 3 Posts
    • 0 Thanks
    Sanchez The Cat
    • #4
    • 12th Sep 17, 4:23 PM
    • #4
    • 12th Sep 17, 4:23 PM
    I'm trying to find out what my situation is from a legal standpoint. The vehicle is currently taxed and MOT'd and I am still the registered keeper. The vehicle is not safe to drive and there's no way that I am paying for the recovery costs. I was asked by my credit card provider to instruct the dealership to recover the vehicle. I have done this twice now but, they are not interested.
    I'm wondering if I'm within my rights to instruct the dealership that they have 14 days to recover the vehicle before it is disposed of?
    • Robisere
    • By Robisere 12th Sep 17, 4:24 PM
    • 1,740 Posts
    • 2,537 Thanks
    Robisere
    • #5
    • 12th Sep 17, 4:24 PM
    • #5
    • 12th Sep 17, 4:24 PM
    The reason why you bought a vehicle which had multiple defects (presumably without checking it before buying) is the same reason why the garage will not use labour and fuel to retrieve it. They know the chances of finding another mug are slim to non-existent, so they saddle you with having to dispose of it.
    There may be more than one way to skin a cat.
    But the result is always inedible.

    • Sanchez The Cat
    • By Sanchez The Cat 12th Sep 17, 4:30 PM
    • 3 Posts
    • 0 Thanks
    Sanchez The Cat
    • #6
    • 12th Sep 17, 4:30 PM
    • #6
    • 12th Sep 17, 4:30 PM
    I appreciate what you're saying but, I paid over £6000 for the vehicle, surely there's value in the dealership recovering it. If, from a legal standpoint, I'm responsible for the disposal of the vehicle then, so be it but, I shall be taking no action until I know what the legalities are.
    • Robisere
    • By Robisere 12th Sep 17, 5:00 PM
    • 1,740 Posts
    • 2,537 Thanks
    Robisere
    • #7
    • 12th Sep 17, 5:00 PM
    • #7
    • 12th Sep 17, 5:00 PM
    Unfortunately, you are the Registered Keeper. Your name is with the DVLA as having taxed and MOT tested it. Despite the fact that you have received a full refund, it was not direct from the garage, but your credit card company. That means that you still own, and are directly responsible for, the car. Take some legal advice by all means: I am 99% certain that will be the case.

    I have a great deal of sympathy for you: even though you were recompensed, the thought of paying all that money for a defective vehicle, must hurt. I know it would pain me! £6,000 should have bought you something much better. Do you still have the Sale documents, signed by the seller? Perhaps you could involve Trading Standards, I'm sure they would love to see it. This might have the effect of helping someone else who might be as ripped off by this establishment as you were.

    I also advise you to make some checks on the next car you buy, before getting your card out.
    There may be more than one way to skin a cat.
    But the result is always inedible.

    • sevenhills
    • By sevenhills 12th Sep 17, 6:15 PM
    • 498 Posts
    • 192 Thanks
    sevenhills
    • #8
    • 12th Sep 17, 6:15 PM
    • #8
    • 12th Sep 17, 6:15 PM
    I appreciate what you're saying but, I paid over £6000 for the vehicle, surely there's value in the dealership recovering it. If, from a legal standpoint, I'm responsible for the disposal of the vehicle then, so be it but, I shall be taking no action until I know what the legalities are.
    Originally posted by Sanchez The Cat
    I paid £325 for my last car, and drove it home; surely, if you paid £6,000 it cannot be that bad?
    Just drive it to the dealership, and leave it on their property?

    • wgl2014
    • By wgl2014 12th Sep 17, 6:16 PM
    • 278 Posts
    • 150 Thanks
    wgl2014
    • #9
    • 12th Sep 17, 6:16 PM
    • #9
    • 12th Sep 17, 6:16 PM
    Once the deadline has passed for the company to dispute the chargeback take the car back to them and handover keys etc before telling the DVLA you are no longer the keeper and cancelling your insurance.
    If you can drive it to them fine, if not it's not expensive to get it delivered there on a flatbed.
    • Nobbie1967
    • By Nobbie1967 12th Sep 17, 7:15 PM
    • 633 Posts
    • 738 Thanks
    Nobbie1967
    I'm trying to find out what my situation is from a legal standpoint. The vehicle is currently taxed and MOT'd and I am still the registered keeper. The vehicle is not safe to drive and there's no way that I am paying for the recovery costs. I was asked by my credit card provider to instruct the dealership to recover the vehicle. I have done this twice now but, they are not interested.
    I'm wondering if I'm within my rights to instruct the dealership that they have 14 days to recover the vehicle before it is disposed of?
    Originally posted by Sanchez The Cat
    Instigating a chargeback is not the same as rejecting the vehicle under the SOGA regulations. At the moment all you have done is withheld payment for the car. It's still yours and there is no reason for the garage to come and collect it. They may just issue a claim against you for the money owed and they may well get a judgement against you unless you go through the proper procedure to reject the car.

    I believe that under SOGA you may need to return the vehicle to the garage yourself. Google rejecting a car under SOGA.
    • Aylesbury Duck
    • By Aylesbury Duck 12th Sep 17, 7:44 PM
    • 1,045 Posts
    • 1,267 Thanks
    Aylesbury Duck
    Instigating a chargeback is not the same as rejecting the vehicle under the SOGA regulations. At the moment all you have done is withheld payment for the car. It's still yours and there is no reason for the garage to come and collect it. They may just issue a claim against you for the money owed and they may well get a judgement against you unless you go through the proper procedure to reject the car.

    I believe that under SOGA you may need to return the vehicle to the garage yourself. Google rejecting a car under SOGA.
    Originally posted by Nobbie1967
    That's my view on it. OP, have you formally rejected the car, i.e. Written to the dealership informing them that you are rejecting the car? If you haven't, then I think what Nobbie has written is the case: You have ownership of the vehicle and the dealer doesn't have their money.
    • worried jim
    • By worried jim 13th Sep 17, 4:23 PM
    • 8,551 Posts
    • 13,027 Thanks
    worried jim
    Drive to the scrap yard, collect £75 and get an end of life certificate. Job done.
    "Only two things are infinite-the universe and human stupidity, and I'm not so sure about the universe"
    Albert Einstein
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