Refunded under section 75. Seller wont collect goods

Masta.c

Hi all,

I didn't know whether to put this in credit card or motoring! Hopefully I've put it in the right place and somebody can help.

I recently purchased a car from a motor trader. After a day of driving around the car broke down and then kept breaking down intermittently. Long story short, I had the car inspected and found it was unroadworthy. The car trader refused to do anything about it so I contacted my bank for a refund under section 75 (as I had luckily paid on my credit card).

I sent the bank all the evidence and they duly refunded all my money, plus the cost of the inspection under section 75.

Anyway, my problem is now what to do with the car. Luckily for me I have a private off road car parking space I can leave the car in, until I buy a new one. The car is no longer taxed as I sent the tax disc back to DVLA for a refund, nor is the car insured.

DVLA have told me I am still responsible for the car and will be until the matter is resolved with the trader or I can pass the car on. I can't get the car back to the dealer as it wont start and I will not pay for it to be recovered on their behalf (quite a long way from my house). I can't pass the car on to somebody else as it is unroadworthy, so If I ask a scrap yard to collect the vehicle can the trader come back and then sue me for the value of the car?

Eventually I will buy a new car and will need that parking space back. When that happens I can't leave the trader's car on the public road because it's untaxed and uninsured and I will be liable for that. I don't know what to do. The bank say they can't advise me either agh!

Any help would be appreciated.

Thanks

agrinnall

To be honest, having got your money back through a S75 claim I'd say this would now be better on the Motoring board. I would suggest you send a message to one of the board guides to ask for it to be moved.

Masta.c

Thanks agrinnall, although I don't know how to do this... sorry

BASFORDLAD

If they wont collect/dont want it, get it scrapped and get a couple of squid for it

chattychappy

BASFORDLAD wrote: »

If they wont collect/dont want it, get it scrapped and get a couple of squid for it

If you follow this advice, I would notify the CC and the trader first and give them a short period in which to make their own arrangements.

Gromitt

Send them a recorded delivery letter saying that they have 14 days to collect the vehicle, else you will be informing the local scrap merchant to collect it. After the 14 days are up, do so. They then can't say you didn't gave them appropriate notice of your actions.

I'm not sure where you stand should the scrap dealer give you any money for it. The dealer may be able to request it (as I'd assume ownership will revert to them), but its unlikely they will.

Masta.c

The bank basically said they weren't interested what I do with the car. So the only problems would come from the trader. I think I will follow the advice above and give them 14 days notice with a recorded delivery letter (I might keep the car a few days longer just to be sure) then get it scrapped.

Not too sure how it would work with transferring any cash over to them though. Don't think I would get much, if anything, for it anyway.

Thanks

JimmyTheWig

I think that's the right plan but would worry that 14 days isn't reasonably long enough. Though I totally agree it is unfair on you to have to store it for longer!

How much did you pay for the car, out of interest, OP?

Does the OP have a resonsibility to get the maximum he reasonably can for the car? Similar to minimising your losses on an insurance claim?

Masta.c

I was refunded just over 4 weeks ago and the trader was asked to collect it 2 weeks before that (sent by recorded delivery). I think they have had ample time to collect it but for whatever reason they haven't.

I paid just over £4,000 for the car, which the bank has refunded in full.

The vehicle inspection found numerous faults and discrepancies with the car which the trader didn't tell me about. I don't think they will bother collecting it as the repair costs will be more than the cars worth and they can't sell it in its current condition because it's been 'officially' classed as unroadworthy and reported to Trading Standards. They've already had trading standards knocking at their door about their practices too.

I personally don't think I have any responsibility to the trader. If a scrap yard offers £X for the car, it's not really up to me to haggle for a better deal that will benefit an unscrupulous trader who sold me an unroadworthy car!

JimmyTheWig

Masta.c wrote: »

I was refunded just over 4 weeks ago and the trader was asked to collect it 2 weeks before that (sent by recorded delivery). I think they have had ample time to collect it but for whatever reason they haven't.

In which case (assuming that you have proof they received the letter) I think giving them a further 14 days is perfectly adequate.
If it were me I'd be tempted to email/fax/text as well as send a recorded delivery letter - at least that way you can prove what was actually sent.

I paid just over £4,000 for the car

Which made me wonder why they weren't coming to collect it.

I don't think they will bother collecting it as the repair costs will be more than the cars worth

Which explains it!

I personally don't think I have any responsibility to the trader. If a scrap yard offers £X for the car, it's not really up to me to haggle for a better deal that will benefit an unscrupulous trader who sold me an unroadworthy car!

I personally agree.
But would be particularly annoying if they are then able to sue you for it and a court decides you had a duty to get more for it than you did - leaving you with a bill for the difference!
I'm not saying that that is the case, just that if it was me I would want to find out.

[Also consider the scenario where the dealer doesn't come back to you to ask for the money you get from it. You may as well keep a decent amount rather than a pittance if that is easy to do!]

Masta.c

Good point... I actually didn't think about it like that!

That's my only worry, if the trader can or will sue me for anything after the car is gone. I have asked the bank, the DVLA, consumer direct and nobody seems to know, or will give me a straight answer. It's really frustrating because I don't want to keep if for an indefinite amount of time however, I do think you are right, as long as I cover my back and keep copies of everything I'm hoping I should be ok. Thanks!