Refunded under section 75. Seller wont collect goods

paulofessex

If it was me l would establish via legal advice as to who is the legal owner of the car. If it is the dealer, then l would then establish if you could charge a reasonable storage cost i.e £50 per week, then send recorded delivery invoices and even threaten small claims court if they do not pay.

If it is established you are the legal owner and you are certain that would stand up in court l would then arrange disposal i.e. get £250 for it via a scrap dealer. Or even consider breaking it up and selling parts on ebay etc.

Wonder if you could get a free 30 minute appointment with a solicitor via the CAB

chanz4

normaly when section 75 is done you have to return the goods to the seller.

dalesrider

Masta.c wrote: »

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. !

Well as the bank has paid out. In reality they are now the legal owners. Unless they are taking the dealer to court to recover the funds.
Which I guess they are not given their reply to what to do with the car.

I guess you have the V5 in your name.

As such, as the dealer has not responded the the provious 14 days to pick it up.
I would shove it on ebay as spares or repair with a copy of the report and see just how much you will get.

JimmyTheWig

paulofessex wrote: »

If it was me l would establish via legal advice as to who is the legal owner of the car. If it is the dealer, then l would then establish if you could charge a reasonable storage cost i.e £50 per week, then send recorded delivery invoices and even threaten small claims court if they do not pay.

I wondered that. But what are the chances of getting them to pay?
We often hear of people getting a CCJ out on a garage and the garage closing down (to reopen under a similar name) so they don't pay it.

nomoneytoday

I would change the log book back to the dealers address, and then park the car (legally) on the street.
Any correspondence from the DVLA and Police would then go to the dealer.

Masta.c

That would be a good idea however it's impracticable. The trader is based around 60 miles from my house, the car won't start and can't be towed on motorways. Even if it could start, it's not taxed or insured.

The bank told me the refund goes through MasterCard's processes and MasterCard reclaim the money from the trader's account. The bank, in theory, just instruct MasterCard to do this. If this is the case the trader must be the legal owner. The V5 is in my name however, and according to the DVLA I am responsible for the car.

30 mins with a solicitor just to clarify exactly what I can and can't do with the car would put my mind at ease. I can't see the trader paying me any storage fees, would be nice though.

nomoneytoday

Push it into a (legal) parking space on the road near your house, after changing the log book?