Legally 'rejected' car

Snowedunder

Very short precise - purchased vehicle, been in and out of vendors' workshop several times and he is unable to sort an 'inherent' fault.


Contacted my bank who agreed a Chargeback and advised me to return the car to Seller. I did this and he told me to retrieve it within 24 hours or he would not be responsible for any damage. Bank had nothing to offer other than I had to wait 42 days to get my money back (they do have the money having reversed the original transaction which was by Debit Card.


My question is, firstly, if he dumps the car outside my house, who does it belong to?


I am fairly confident that the case will be upheld as I have loads of written evidence.


Secondly, when can I safely cancel tax and insurance.

wgl2014

Have you given him notice in writing that you are rejecting the car? If not I would do so now.

Regarding tax and insurance if you have returned the car and are no longer the owner then cancel.

Edit: Also go to Dvla web page and update them you are no longer the keeper.

Snowedunder

Thanks for your reply. I have both verbally and in writing given notice of rejecting the car. I was instructed by my bank who has been investigating this and has instigated the Chargeback procedure as they agree I have a case. Last Friday they sent an e mail telling me I must return the car to the dealers' premises. This I did, and included the fact that this was a rejection as per bank instructions. He emailed me the next day giving me 24 hours to collect the car as after that time he could not be held accountable for any damage etc. I emailed my bank overnight and this morning, they advised me they now have my money back from the dealers' bank, and he has 42 days to challenge this before I am refunded this full purchase price. I am worried that he may 'abandon' my car either outside my home or elsewhere and I will be held liable. Will contacting DVLA protect me from any future claims for damage etc. and is this car no longer my responsibility.

wgl2014

Basically yes, keep all correspondance and if it comes down to it you will have a much easier time proving your case.

If the dealer wants to be an ar5e it will do him no good in the end.

Snowedunder

Many thanks - keeping everything crossed, I do have loads of paperwork which my bank have appreciated, I guess all ok to have got this far as I understand Chargback is not always easy!

peter_the_piper

Suggest you don't cancel insurance until fully sorted, if they do dump it it could be difficult explaining to DVLA etc why you have an uninsured car outside your house.

Silver-Surfer_2

peter_the_piper wrote: »

Suggest you don't cancel insurance until fully sorted, if they do dump it it could be difficult explaining to DVLA etc why you have an uninsured car outside your house.

If they've rejected the car are they still the keeper? All that will be down to the seller of the car and the insurance my not like insuring a car the policy holder is not the owner of.

arcon5

Ok a chargeback isn't a protection scheme for faulty goods. If he puts in a valid defence to his merchant bank the chargeback may be rejected. It's more for basic disputes like goods not received. They don't like involving in more complicated issues. That's what the courts are for.

Snowedunder

Many thanks for all opinions. Have today contacted DVLA who are OK with 'change of user' for now and in these circumstances. I am keeping insurance running for now.


Seller has admitted, in writing, on several occasions that there is a fault and he has attempted several repairs which he admits, again in writing have not cured the fault. His last letter suggested I 'just get on with it' even though the fault still exists. A main Dealership have admitted it is probably not repairable and have told him so, which he again confirmed in writing. Yes, I do have, in my opinion plenty of evidence to get the matter settled in court, but my bank have told me given that all this is in writing, on the sellers' own headed notepaper and typed, this should be enough to support the Chargeback on this occasion.

Aretnap

Snowedunder wrote: »

I am keeping insurance running for now.

If you're not in control of the car, at the very least inform your insurance company of the situation. If your own policy is still running and someone drives it without insurance of their own and they have an accident, your own insurer could end up footing the bill - and that in turn could cause you a lot of problems that you really don't want.

Snowedunder

Many thanks, contacting insurance now to advise of situation.