Bought an unroadworthy car with a brand new MOT. Is the dealer liable?

BoGoF

The dealer can challenge any chargeback request so expect a fight.

uknumber3

BoGoF wrote: »

The dealer can challenge any chargeback request so expect a fight.

Naturally, I'm expecting one. I have a copy of the letter documenting his refusal to refund (sent by recorded delivery) and I also have the Mr Clutch MOT failure plus the DVSA documentation that proves categorically that the car he sold me was un-roadworthy (and therefore faulty/not as described.)

I'm not sure on what grounds he would even mount a defence to the chargeback but we'll see. I'll certainly update the thread in case anyone's interested.

isplumm

one thing - normally people don't recommend you send post via recorded delivery - better to send normal post & get proof of postage - it is then deemed to have arrived 3 days later - whereas recorded, he could refuse to take it.

Mark

BoGoF

I believe a successful chargeback is dependant on funds being available from the traders bank account.......he sounds like a seasoned pro at this so good luck.

uknumber3

isplumm wrote: »

one thing - normally people don't recommend you send post via recorded delivery - better to send normal post & get proof of postage - it is then deemed to have arrived 3 days later - whereas recorded, he could refuse to take it.

Mark

That's useful to know, thanks for that.

uknumber3

BoGoF wrote: »

I believe a successful chargeback is dependant on funds being available from the traders bank account.......he sounds like a seasoned pro at this so good luck.

You're right, I am merely a tourist in his grubby little world. He's probably got more tricks than a clown's pocket. We'll find out soon. :rotfl:

SilverSaver459

Thank you this was a great thread I have experienced something similar recently

uknumber3

BoGoF wrote: »

I believe a successful chargeback is dependant on funds being available from the traders bank account.......he sounds like a seasoned pro at this so good luck.

I have just checked my bank account and the money from the chargeback is there in full. !!!!!!? So I guess that's that then. Now he can come and pick up his car from my drive. Is there any chance that this chargeback could be reversed? I don't want to end up without the car and without the money.

BoGoF

Yes it could be recovered.....this was only round 1 unfortunately.

uknumber3

BoGoF wrote: »

Yes it could be recovered.....this was only round 1 unfortunately.

Oh..do you have any more insight into the chargeback process at all? Is there a "final adjudication" of sorts? How can I know whether it is safe to let him pick up the car?