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Dodgy dealer & bank Chargeback

edited 30 November -1 at 1:00AM in Motoring
7 replies 830 views
BrodysatvaBrodysatva Forumite
2 posts
edited 30 November -1 at 1:00AM in Motoring
I'm pretty desperate for some advice.


Long and short, I bought a Citreon Grand Picasso in June - it had some smoke, dealer assured me it was a or a seal pipe needed replacing. Turns out the turbo is dying. My mechanic told me to return it as the gearbox was also going to need replacing and the handbrake was faulty. Like an idiot I paid on debit not credit card.

Tried to return it within 30 days, dealer gave a sob story about how he was going out of business and couldn't refund. He refused to take the car saying we'd be charged if we left it.


Turns out he was lying. He's just changed trading as name I think. I have audio recording of all this.


Wrote an honest negative review, no names, no slurs, and got a solicitors letter alleging defamation and that they'd sue us. Told them we had audio and heard nothing more.


Provided evidence (not the audio, bank refused to take that) for chargeback and Natwest refunded.


His solicitor has written to bank and said we still have car (he refused to take it back) and that I knew there was an issue and that we've caused it by not doing the repair. Doesn't refer to other issues.


Natwest told me I'd be afforded opportunity to respond after dealer came back but have simply told me, case closed and me they're going to give the money back to the dealer. I've already used most of it getting another car. It's going to make me thousands overdrawn.


Trading Standards aren't coming back to me, it appears Consumer Rights Act 2015 doesn't apply to me or anyone in counties where funding has dropped.


I'm at my wits end, so any help gratefully received.

Replies

  • arcon5arcon5 Forumite
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    You have the option to take him to court... has he changed ltd companies though or just trading name?
    As for the review, put their name up and don't either discuss it with them. Then have a right to air your greivances
  • unholyangelunholyangel Forumite
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    Ask your bank for a letter of deadlock and refer it through the financial ombudsman complaint procedure.

    Wont cost you a penny, a case worker will view it first and make a decision, if not in your favour you can appeal it at which time someone with more training will review it and make a final ombudsman decision. You can still take it to court after this (but cant take it to the ombudsman if you go to court and lose).
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • agrinnallagrinnall
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    I think your biggest problem is that you still have the original car. Had you insisted on leaving it at the dealer that would have negated a large part of his argument with your bank to have the Chargeback reversed.
  • Thanks for the quick responses. The company is still trading but using another name, hence 'trading as'.


    He leant on us to take the vehicle, saying we'd be charged by the company who he shared the forecourt with. At the time, I'd just been done out of £3500, and didn't want to rack up more expense. I have recordings of him refusing to take the vehicle.


    How do we notify the DVLA if he's not signed to take it back?
  • I recommend to people that if they intend to follow through with a rejection then they MUST stick to the following:


    Formally reject the car IN WRITING, Specify why your rejecting it and that you want him to return your money back you within 14 working days.


    As you formally reject the car, then you don't have a right to then use it, So you have the option of leaving it on the forecourt, pass him the keys and say read the letter, or instruct that he collect the car once the refund has taken place note the mileage and then lay the vehicle up until collection.


    Its like a game of tennis, you say one thing he throws it back and while that's happening the car is the umpire sat doing nothing going nowhere.
    Once he ignores your request refuses to take the vehicle back and ignored the 14days to refund and collect, then you issues another, this time giving another 7 days to respond be clear your intention is to go through the small claims track, that after the 7 days expire you will seek to charge storage of the vehicle (if its sat on your drive or you've stored it somewhere). Your trying to get recourse through your bank and while this may work in some cases, in others it doesn't and you just prolong the time in which you have to go through the court process.
  • unholyangelunholyangel Forumite
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    Brodysatva wrote: »
    Thanks for the quick responses. The company is still trading but using another name, hence 'trading as'.


    He leant on us to take the vehicle, saying we'd be charged by the company who he shared the forecourt with. At the time, I'd just been done out of £3500, and didn't want to rack up more expense. I have recordings of him refusing to take the vehicle.


    How do we notify the DVLA if he's not signed to take it back?

    Just to be absolutely sure, you're saying for example that you purchased from ABC motors LTD and that ABC motors LTD still exist, just they are now ABC motors LTD t/a XYZ motors?

    What I'm basically asking is, are you sure that the legal entity behind the trading name is the same? Just it would be unusual for these types of business only to change the trading name because that has no effect on liability. Usually they phoenix.
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • facadefacade Forumite
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    As above, usually ABC winds up, and a brand new company, absolutely nothing whatsoever to do with ABC starts, called BCD, which by sheer co-incidence, has exactly the same address and phone number, and seems to deal in the same things.


    However, BCD have no liability for anything ABC did or said.
    I want to go back to The Olden Days, when every single thing that I can think of was better.....

    (except air quality and Medical Science ;))
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