Chargeback successful but what do i do with the car!?

veedubjunky

In December we purchased a car from a trader, within 6 weeks it developed all number of problems, including very noisy gearbox bearings. We contacted RAC warranty who pretty much said that despite the gearbox being covered there was no guarantee that they would pay out. We would have to pay for the full gearbox strip down first and await a report. With this in mind we decided to get back in contact with the trader and told him we wanted our money back as the car was not sold to us in an acceptable state, he refused to take the car back but offered to 'get his mate' to take a look. We were not satisfied with this option and insisted on a full refund, to which again he refused. Fortunately the car was purchased on a credit card, we got in touch with the credit card company who recommended we get independent reports on the car, we took the car to a main dealer and to a RAC Warranty approved garage, both came back saying that the gearbox was shot and needed to be removed for a rebuild, quoting upwards of £2,500. We again went back to the trader and again he refused. IT was at this point the CC company agreed to place a chargeback on the card, the dealer appealed claimed we were trying to get him to take responsibility for 'general wear and tear'. After again number of further communications pointing out a knackered gearbox on a car with just 33,000 miles is not wear and tear, and a number of attempted threats via online car sales llaw firm Lawgistics the CC sided with us and closed the case.

The trouble is now we still have this car, we have sent emails to the trader stating the car is available for him to come and collect, but he simple has not responded. The car has MOT until September, and due to us living in a city centre we do not have off street parking so we are having to continue to keep the car both Taxed and insured whilst its just sits on the road.

What should we do? Can I send off the V5 changing ownership back to the dealer? This would in theory then allow us to cancel the insurance and stop paying the tax on it. How long should we give the dealer to respond?

In hindsight I wish I had carried out more research on the guy, having since learnt he is a bit of a cowboy and seemingly we aren't the only people he has sold absolute pups to. He is also on the receiving end of a charge from a creditor.

Any advise would be very much appreciated.

GrumpyDil

Actually you need to speak to the credit card company. If the purchase really was on a credit card this should have come under s72 I think where the credit card company are equally liable for faulty goods rather than being a chargeback which applies to debit cards.

If it was a S72 claim then the credit card company probably now own the car so would need to agree with you what happens to the car.

antrobus

It's the Torts (Interference with Goods) Act 1977.

You are an involuntary bailee. You need to send the cowboy a notice.

This notice must set out the following information:

1. Your name and address;

2. A description of the goods which you have control of;

3. The address where the goods are being stored;

4. State a reasonable period in which the bailor must collect their goods (i.e. 21 days);

5. State what you intend to do with the bailor’s goods should they fail to collect them within the period provided (see below); and

6. Your contact details so that the necessary arrangements can be made.

https://www.stephens-scown.co.uk/commercial-property/whose-belongings-are-they-anyway-dealing-with-involuntary-bailment/

What you 'intend to do with the goods' is flog the car to a local scrap merchant.

arcon5

GrumpyDil wrote: »

Actually you need to speak to the credit card company. If the purchase really was on a credit card this should have come under s72 I think where the credit card company are equally liable for faulty goods rather than being a chargeback which applies to debit cards.

If it was a S72 claim then the credit card company probably now own the car so would need to agree with you what happens to the car.

It's section 75. And doesn't really matter now because the chargeback worked and op has a refund

GrumpyDil

Does it not still mean that the op has to be clear as to whether they did a chargeback or S75 payment as does that not define who would now legally own the car?

tacpot12

The op needs to establish who owns the car now. I think it is possible that the OP still owns the car. (I think the Credit Card company has just paid them the amount they have lost, and not purchased the car off them).

So proper legal advice is required, so I would suggest that the OP contacts the legal helpline available as part of his home insurance (if they has this cover), or a solicitor if they do not.

glentoran99

The trader would own the car, As a chargeback removed the money from the trader, so they now haven't been paid for the car.

garth549

^^ this

Provided the cc company fully recovered the money from the dealer by reversing the transaction then the dealer would now own it. I suppose it's possible the cc company might have paid out under their own liability (ie they didn't reverse the transaction), but this is unlikely unless it was too late.

Assuming the former, send him a letter (with proof of postage/recorded delivery) stating he needs to arrange collection of the car in a reasonable time frame or it will be disposed of. Keep a copy of the letter and proof of postage in case he attempts any comeback later.

George_Michael

arcon5 wrote: »

It's section 75. And doesn't really matter now because the chargeback worked and op has a refund

They have a refund now but this doesn't mean that the chargeback can't or won't be reversed.
The OP has had a full refund after rejecting the car but this rejection is something that they might not have been within their legal rights to do.
The short term right of rejection is limited to 30 days and the only timescale that the OP mentions is 6 weeks so if they first noticed the fault after the 30 day period, they are required to give the seller one chance to rectify it.
Even if the retailer provides a refund after the initial 30 days, this doesn't have to be a full refund as they are entitled to make a deduction to cover the time and use that the purchaser had had from the car.

veedubjunky

Thanks all for the replies, much appreciated.

We have been assured by the credit card company that the charge-back can not be reversed, the time period for the dealers appeal expired and as far as the CC company are concerned the issue is closed.
When we first approached the CC company it was to open a section 75 claim but they insisted that it went down the charge-back route, this was due to the nature of the issue with the vehicle, which they deemed entitled us to a full refund. If they were unable to recover the funds from the dealers account we would then have had to pursue down the Section 75 route, which would have made the CC company equally liable for costs.

I will be ending a letter as detailed in the link suggested by anthrobus, thanks for that. Will send it signed for, and will put a 21 day time limit. If we do not here from him I will scrap the car, I will not sell the vehicle, because then I am doing him a favour and will have to hand over any funds minus any costs.

eddddy

It's worth bearing in mind that the refund was a decision made by the CC company - and not by a court.

The trader may still disagree that they've breached the contract, and now claim that you have breached the contract by failing to pay.

So the trader might still take you to court, to claim back the money.