Returned my car for full refund, now they have used it to pay off Creditors!!

doylee1981

I bought a car which never worked as it should. I returned it 3 times for them to fix which they never managed to do. Eventually i got them to agree to a full refund and they said upon returning the car to them they had up to 14 days to fully refund me.

I have now just found out the company all been shut down and they have given my vehicle to the creditors even though this was mine.

What can i do to get refund or atleast vehicle back so i can sell it worse case? Any help would really be appreciated

Fosterdog

How did you pay for it?

Keep_pedalling

I hope you were waiting for your money before passing on changed ownership details to DVLA.

pinkshoes

The creditors cannot take what does not belong to the company.

If you paid by credit card or finance, then get in touch with the credit card or finance company.

I would also write to the creditors stating that the car belongs to you, with a copy of your paper work and receipt.

bris

They can hand it to the creditors and have done, the car stopped belonging to the OP as soon as it was handed back.


What the OP is now is a creditor, they owe the money to the OP but if there is none then they will have to wait and see what the administrators can do.


If it is out on finance then that's who to talk to now.

Blackbeard_of_Perranporth

doylee1981 wrote: »

I bought a car which never worked as it should. I returned it 3 times for them to fix which they never managed to do. Eventually i got them to agree to a full refund and they said upon returning the car to them they had up to 14 days to fully refund me.

I have now just found out the company all been shut down and they have given my vehicle to the creditors even though this was mine.

What can i do to get refund or atleast vehicle back so i can sell it worse case? Any help would really be appreciated

Lets see now. Car bought on finance. Thrown keys back. Wants the money lent for car to go to him. No. Car was collateral for loan. It is paid first. Always has been this way.

I guess gap insurance want pay for it either.

naedanger

Blackbeard_of_Perranporth wrote: »

Lets see now. Car bought on finance. Thrown keys back. Wants the money lent for car to go to him. No. Car was collateral for loan. It is paid first. Always has been this way.

I guess gap insurance want pay for it either.

I think you have completely misunderstood the situation.

pinkshoes

bris wrote: »

They can hand it to the creditors and have done, the car stopped belonging to the OP as soon as it was handed back.


What the OP is now is a creditor, they owe the money to the OP but if there is none then they will have to wait and see what the administrators can do.

Is that definitely the case? As no money has been paid for the car, then would the car not still belong to the OP?

Surely it would depend what the paperwork said?

If the company agreed to refund £X and the car to be returned, then the company (or creditor) cannot own both the car AND the money, so would need to return one or the other.

As they money does not exist, then it would have to be the car. (which the OP doesn't want, but that is beside the point...)

If the OP has sufficient paperwork showing the car would belong to the company upon receipt of a refund, then the creditors cannot take the car as it still belongs to the OP.

In which case, we need to OP to come back and tell us exactly what has been signed!

Pennywise

You've rejected the car.
They've accepted it back.
They owe you the money.

Legal ownership passed back to them when they agreed to refund and accept it back.

They've now gone under and owe you the money. It doesn't mean you're entitled to the car nor the money. You're an unsecured creditor and if there is any money in the liquidation after secured creditors and liquidation fees have been paid, you'll maybe get some money back, but it's a long drawn out process.

Exactly the same situation if you paid for a car in advance, but the garage went under before you took delivery. In that case, too, you'd only be an unsecured creditor with no legal right to the car.

It's the legal paperwork that matters, not whether the money has been paid or not.

bris

pinkshoes wrote: »

Is that definitely the case? As no money has been paid for the car, then would the car not still belong to the OP?

Surely it would depend what the paperwork said?

If the company agreed to refund £X and the car to be returned, then the company (or creditor) cannot own both the car AND the money, so would need to return one or the other.

As they money does not exist, then it would have to be the car. (which the OP doesn't want, but that is beside the point...)

If the OP has sufficient paperwork showing the car would belong to the company upon receipt of a refund, then the creditors cannot take the car as it still belongs to the OP.

In which case, we need to OP to come back and tell us exactly what has been signed!

You would think so but no.


When the car was handed back it became part of the dealers assets once more with the money being owed to the OP.


The OP is due the refund but circumstances have now changed, having the car on finance will sort itself out, if not then the administrators will just add them to the list.

steampowered

How did you pay for the car? If using a debit card or credit card, you could try a chargeback or s75 claim.