Used car chargeback what do I do now?

noidea314

So I bought a used car back in September 2023, within 14 days faults appeared, tried to reject (merchant assaulted me and police were involved) consumer helpline advised that I went to my bank (starling) and perform a chargeback. I filled in the form which was accepted 31st October 2023. I supplied all my evidence and the merchant had until 29th January to contest it. 19th December 2023 I was informed that the merchant didn’t contest and the chargeback is now closed and in my favour money was back in my account. Fast forward to now and I still have the used car on my driveway, the merchant (won’t talk to me so communication is going through lawgistics) is saying the chargeback is still pending on their end(no idea how) I don’t feel comfortable with returning the car until they have said in writing that it’s all closed) I can’t get advice from anywhere, my bank and consumer helpline have no further guidance. What do I do please, I’m so stressed about it all. 

eskbanker

Even though Starling considers the matter closed, this doesn't actually resolve the dispute between you and the merchant, even though you now have the money as well as the car, so the merchant, despite apparently failing to challenge the chargeback within the nominated timeframe, will probably still be aggrieved and will have the right to pursue you (legally) for the money, although that doesn't mean they will....

Grumpy_chap

noidea314 said:

So I bought a used car back in September 2023, within 14 days faults appeared, tried to reject (merchant assaulted me and police were involved) consumer helpline advised that I went to my bank (starling) and perform a chargeback. I filled in the form which was accepted 31st October 2023. I supplied all my evidence and the merchant had until 29th January to contest it. 19th December 2023 I was informed that the merchant didn’t contest and the chargeback is now closed and in my favour money was back in my account. Fast forward to now and I still have the used car on my driveway, the merchant (won’t talk to me so communication is going through lawgistics) is saying the chargeback is still pending on their end(no idea how) I don’t feel comfortable with returning the car until they have said in writing that it’s all closed) I can’t get advice from anywhere, my bank and consumer helpline have no further guidance. What do I do please, I’m so stressed about it all. 

Chargeback is quite an unsatisfactory process for something as high value as a used car.  Chargeback is really just like you cancelling the cheque so you never paid for the goods.
Who are "lawgistics"?  Are they a legal firm engaged by the Dealer?  That could indicate that the Dealer has started along the legal path to recover the debt.

noidea314

Lawgistics were involved before I even done the chargeback. They are an association that motor dealers pay a monthly fee to basically speak on their behalf, from what I can make out they’renot a registered legal company. They have said once the chargeback is completed their end they want the vehicle back, I just don’t know why it’s taking their bank (elavon) so long to process it. 

born_again

noidea314 said:

Lawgistics were involved before I even done the chargeback. They are an association that motor dealers pay a monthly fee to basically speak on their behalf, from what I can make out they’renot a registered legal company. They have said once the chargeback is completed their end they want the vehicle back, I just don’t know why it’s taking their bank (elavon) so long to process it. 

This has nothing to do with retailers bank.
All they do is handle the chargeback, pass the details to retailer. Retailer decides to contest or not. Retailer informs bank & they inform your bank. That is the banks part of the process.

Anything such as reclaiming car is down to retailer.

noidea314

The merchant are telling me that elavon is telling them that the chargeback is still pending and no decision has been made yet, although my bank told me it was closed in December. Lawgistics has said if I wanted to take the car back now and store it at their premises until a decision has been made then I can but I don’t feel comfortable with that knowing they aren’t saying the chargeback process isn’t complete. Do I just hang fire or do I need to get someone else involved?

born_again

So you sent form 31 Oct. Say a week to process 7 Nov. 45 days from then is 22-12.

But given the date of by your bank 29-01 that would be saying your bank sat on it till around 14 December before starting process.

After 45 days as far as Visa/Mastercard go that is the end of the matter unless you bank as a good will gesture allow a late rejection (they do not have to)

So sounds like retailer is playing you.
Just go back to your bank & get them to confirm that retailer has not rejected (need to get passed front line for this) 

noidea314

The merchant (lawgistics) told me it was contested in its entirety but the bank told me he didn’t contest it. I’m going back and forth and getting nowhere. Thinking I need to pay a solicitor to get involved…

Grumpy_chap

born_again said:

After 45 days as far as Visa/Mastercard go that is the end of the matter unless you bank as a good will gesture allow a late rejection (they do not have to)

The end of the matter as far as Vias / Mastercard may not be the end of the matter.  The Dealer may still commence debt recovery processes outwith the Chargeback.

If I followed the thread correctly, the OP has now been refunded the funds (via Chargeback) and still has the car.  I think the OP now needs to make arrangements to return the car.  As much as the OP is wary of ending up with no money and no car, the Dealer is currently in that exact position and will find it no more acceptable.

born_again

noidea314 said:

The merchant (lawgistics) told me it was contested in its entirety but the bank told me he didn’t contest it. I’m going back and forth and getting nowhere. Thinking I need to pay a solicitor to get involved…

A solicitor is not going to help with the chargeback.

While a retailer has 45 days to contest a chargeback, it can take bank longer to process this.
So this is why you need to go to YOUR bank. NOT the merchants.
Only your bank can say if it is resolved as far as they go. But you need to get through to dispute/chargeback team. Who have full access to the background systems to see if retailer has contested. 
Or if this 3rd party "Lawgistics" are just telling porkies. 
In reality stop talking to them, go back & speak to your bank 1st. Then the dealer direct, not some 3rd party.

As @Grumpy_chap Even winning the chargeback, does not stop retailer pursuing this through the courts to reclaim the funds.

noidea314

My bank I have spoken to many times, there’s no more they can advise me. They have confirmed that it is closed and the merchant didn’t contest it. Which is why it’s so confusing as to why the merchant is saying it’s still pending on their end. When I try to speak to the merchant he’s never in the office, even when they tell me he will be in at a certain time, he never is. Then his colleagues get very angry over the phone with me. As I mentioned before when I went on site last the merchant physically assaulted me and I had to get the police involved. These are not approachable people, I need to get this finished now the stress is unbelievable. The bank can’t tell me what to do, trading standards can’t help me, citizens advice can’t help. I’m completely lost!