Used car chargeback what do I do now?

retiredbanker1

At present your bank cannot do any more. They have processed your refund and put the monies back into your account.

Please do not be tempted to spend or move any of this money as I would be amazed if they did not counter this.

I do think you need to take the car back - you cannot have both.

Grumpy_chap

noidea314 said:

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! 

Who currently has the money?
Who currently has the car?

Even if the chargeback reversal is time-barred, that does not mean that the Dealer cannot pursue debt recovery via other means.

born_again

It's the same here. No one can really advise you. In effect retailer has 6 years to instigate any legal claim.

In reality (this is not advice) as you now have the money back, the car belongs to the dealer again. You can't have both. Only you can decide if to take the car back & leave it with them or keep it stored in case they do start legal proceedings & you can then use the defence that the car is available for them to remove.

You could try a solicitor & ask them if you send a letter to the dealer advising that they either remove the car, or you will start charging storage or take it to be scrapped. & how legal that would be.

BikingBud

@noidea314

On what grounds did you reject the vehicle? Roadworthiness or other unsatisfactory condition, eg air con not working.

Did you get any independent advice about the condition, roadworthiness or otherwise of the vehicle?

Is there a report from a credible independent body to support your rejection of the vehicle?

Have your local trading standards been involved, did they prove any generic or specific advice?

Does this trader have history for similar conduct?

How did you advise the trader that you were rejecting the vehicle?

Do you have the V5 in your name?

Consider some of these steps and also have look here and look at some of the case studies here and a rejection letter here. If you have sound grounds from a competent independent inspection that support your rejection then I would offer that your exposure to further legal action from the vendor is low. And in that case I would advise the vendor that further to your previous notification of rejection and as the chargeback has been effected the sale has been reversed and they are free to collect the vehicle at their convenience and that you have notified DVLA that you are no longer the registered keeper.

Mrrossi739

I have same conundrum where car went bang two months after purchase and retailer met me with abuse then silence. Bank have got money back but I am massively out of pocket as I had to hire a car as I didn’t touch the returned money as it’s not finalised. Car is in my name and sat on my drive still. Love the car and would love to have a new engine put in but scared to do anything with it and banks have said I can do a sectionn75 for costs incurred that have passed £2000 now with recovery @£600 and hire costs at 1800 so far 

paul_c123

(For the OP)

1. Do not use the car any more
2. Write a letter to the car dealer explaining the car is available for collection, from xxxxxx date, and if it is not collected then you'll be charging them for storage (you can only charge this at a reasonable rate).
3. Phone the DVLA and tell them the car has been transferred into the trade (and give them the car dealer's details).