What to do with car after chargeback

Aeonix

I bought a car in December from a dealer, and found out the next day it had serious faults, the car was not roadworthy, they misrepresented the car on the ad, and there were other issues as well. Dealer refused to accept us rejecting the car, so we had to ask for a chargeback on the card we bought it with.

We just found out our chargeback was successful. Now we aren't sure what we're supposed to do with the car. In the letter of rejection, we told the dealer to pick up the car, or we would hire a company to tow it to them at their own expense. We're moving in a few days, so the car has to go. Is the car supposed to go back to the dealer, or are we now responsible for it?

I know if it's supposed to go back to the dealer, we aren't required to return it to them. But if it does need to go back, do I have to send out a new letter, since I'd already said they needed to pick it up, or can I arrange for a tow at their expense so I don't anger our landlord while the dealer twiddles his thumbs?

Rain_Shadow

Aeonix wrote: »

I bought a car in December from a dealer, and found out the next day it had serious faults, the car was not roadworthy, they misrepresented the car on the ad, and there were other issues as well. Dealer refused to accept us rejecting the car, so we had to ask for a chargeback on the card we bought it with.

We just found out our chargeback was successful. Now we aren't sure what we're supposed to do with the car. In the letter of rejection, we told the dealer to pick up the car, or we would hire a company to tow it to them at their own expense. We're moving in a few days, so the car has to go. Is the car supposed to go back to the dealer, or are we now responsible for it?

I know if it's supposed to go back to the dealer, we aren't required to return it to them. But if it does need to go back, do I have to send out a new letter, since I'd already said they needed to pick it up, or can I arrange for a tow at their expense so I don't anger our landlord while the dealer twiddles his thumbs?

Have you contacted the dealer since you got the money back?


They might contact you once they realise they have neither the car nor your cash.

Aeonix

Rain_Shadow wrote: »

Have you contacted the dealer since you got the money back?


They might contact you once they realise they have neither the car nor your cash.

Not yet, we just found out late saturday. I want to email them due to the time constraints, but is email admissible as evidence if we have to arrange for a tow ourselves?

AdrianC

Returning the goods to the supplier is your problem, not theirs.

forgotmyname

You have their car, take it back to them.

If you are worried about them being abusive take it back whilst they are closed and either post the keys through the letterbox or leave them somewhere safe.

Rain_Shadow

Take it back when they are there and don't release the keys until they sign something to acknowledge receipt.

david_a

Speak to the card company.

At this moment in time you will have their money, it is up to the card company to recover the money from the dealer.

Car_54

Is the car taxed and insured for you to drive it back?

Agricolae

AdrianC wrote: »

Returning the goods to the supplier is your problem, not theirs.

Not according to the chargeback rules or the Consumer Rights Act. It's now the dealer's problem, so long as the OP has made the vehicle available for them to collect. Although that's not really practical for the OP if they're moving house and want to avoid abandoning it on the ex-landlord's property.

Other options:
1. Move it to a public road. Ownership - technically - has passed back to the dealer already so it should be their responsibility, although others may not see if that way (insurer, DVLA etc).
2. Leave it at their garage and post the keys through the letterbox as suggested.

If it's not driveable I'm not sure what OP can do without incurring an expense if the dealer isn't playing ball.

AdrianC

Agricolae wrote: »

Not according to the chargeback rules or the Consumer Rights Act. It's now the dealer's problem, so long as the OP has made the vehicle available for them to collect.

Only if the dealer delivered it. The CRA is explicit about that. If the buyer took possession at the dealer's premises, then the buyer is responsible for returning it to the dealer's premises.

CRA2015, s20 - Right to Reject
http://www.legislation.gov.uk/ukpga/2015/15/section/20

(8)Whether or not the consumer has a duty to return the rejected goods, the trader must bear any reasonable costs of returning them, other than any costs incurred by the consumer in returning the goods in person to the place where the consumer took physical possession of them.

Agricolae

AdrianC wrote: »

Only if the dealer delivered it. The CRA is explicit about that. If the buyer took possession at the dealer's premises, then the buyer is responsible for returning it to the dealer's premises.

CRA2015, s20 - Right to Reject
http://www.legislation.gov.uk/ukpga/2015/15/section/20

Fair enough - I hadn't spotted that! Right under the bit I'd read as well. However it does refer to the consumer returning the goods in person. Suppose they hire a towing company to do it for them? They haven't returned the goods in person so presumably they can still bill that to the dealer...