Car problem: Part ex return

davepin

I part exchanged a car a few weeks ago to a car finance company for a new car. It passed its MOT a few days before hand and was fully road worthy. I disclosed all the information although in the past I had a few problems with the gearbox (it's automatic) a while ago and I thought this was resolved at time of sale.
The car was signed for, both company and myself filled in the V5 document for the car transfer and the money was paid into my account.

About a week later I received a message that they experienced a major gearbox failure. They contacted a garage which did some work on my gearbox (replacing the gearbox fluid) and said that I didn't disclose the full condition of the car to them. As a result they wanted to "cancel the part exchange" and also "reversed" the payment without my authorisation. They want to deliver the car back to me.
I have phoned the bank to dispute the "reversing" of the payment and I don't want the car back. They said they are going to drop the car off outside my house and post the keys through the letterbox.

The car tax is due at the end of the month and I don't want the car any more or incur any costs.

I haven't had any confirmation through yet from the DVLA about the transfer (this normally takes longer to come through). If I would to take the car back and put it on "webuyanycar.com" I will lose around £700.

Can anyone give me some advice on:

Who now is the legal owners of the car
Whether the company can return a part exchange car
What I can do to resolve the issue


Thanks

mutley74

can you not speak to the legal adviser thro your car insurance?

davepin

I no longer have insurance on the car and I haven't found any legal adviser contact number for Admiral

vaio

SOG only requires private sellers to be “honest” in their description and replies to any questions asked.

This is “honest” to the best of your ability so if you say “good condition” and it’s not then you should be ok as long as you had no reason to think there was something wrong with it.

On the other hand, if you said “good condition” but your garage had previously told you the gearbox was on its way out (and will confirm that to the buyer) then you are in trouble.

As an aside, how did they reverse the payment?

davepin

The company had my card details from the purchase of the car I was buying and the part exchange of transactions.
The company said I didn't disclose the gearbox issue prior to the part-ex, and say this is confirmed by the garage that I thought had fixed the problem with a change of gearbox fluid. Not being technical I assumed that the car was 100% ok as it had passed its MOT.

I want the issue resolved as soon as possible and can see it being drawn out.

I heard that car is being delivered back to me, despite me saying I didn't want the car back. If I try the easy route of taking the car and getting rid of it now with gearbox issues to webuyanycar I don't currently have any V5 documents to do a transaction.

Should I stand firm or give in?

s_b

I disclosed all the information although in the past I had a few problems with the gearbox (it's automatic) a while ago and I thought this was resolved at time of sale.

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Woody._2

s_b wrote: »

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Good advice.;)

vaio

First off I’d lodge an unauthorised transaction complaint with your bank.

Secondly, I’d talk to the garage that worked on the gearbox and see what they told the buyer.

What did they tell you when they changed the fluid?

MOT doesn’t check gearboxes much beyond it must be working enough to let them drive it on & off the ramp

s_b

Woody. wrote: »

Good advice.;)

yes:)
No words needed are there? because you only have gearbox oil on an auto changed at service intervals specified by maker, or because the bands have worn out and your trying to get a few more miles before a major gearbox rebuild (assuming anyone can) rears its head.
I think OP is lucky that car being returned at cost ,rather than dealer taking him to court for misrepresentation ,costs,time and of course the fact they may have sold this returning car to a 3rd party who is also giving dealer hard time and might come on here tonight saying they sold their own car privately, went to a dealer to buy an automatic that fitted their budget, but only had it two days before the gearbox blew up and now they want out of pocket expenses because they are having to use gold tarted taxis everywhere

oh so many words:D

davepin

The first thing I did when I found out about the unauthorised transaction was phone the bank and lodge an unauthorised transaction complaint.

I did go into the garage as it's down the road from me. They told me at the time that changing the fluid may resolve the issue or change the gearbox if it continued. This was some time ago that it happened. The garage told the company that "I could continue driving it" or replace the gearbox. The car was picked up by a driver and they said the driver experienced problems on the way back. So they're saying there was an problem with the car when sold.

So I have evidence from the garage and so do they.

At the moment we're both denying ownership of the vehicle (I have sent off the v5) and they say they don't want it any more.

s_b

davepin wrote: »

The first thing I did when I found out about the unauthorised transaction was phone the bank and lodge an unauthorised transaction complaint.

I did go into the garage as it's down the road from me. They told me at the time that changing the fluid may resolve the issue or change the gearbox if it continued. This was some time ago that it happened. The garage told the company that "I could continue driving it" or replace the gearbox. The car was picked up by a driver and they said the driver experienced problems on the way back. So they're saying there was an problem with the car when sold.

So I have evidence from the garage and so do they.

At the moment we're both denying ownership of the vehicle (I have sent off the v5) and they say they don't want it any more.

i suggest you offer to pay in full for a working gearbox,fitting and maybe a few out of pocket expenses and ask that they keep the car:)