Visa Chargeback for a Car… Now what?

Cam_17

Hi everyone, first time poster and looking for some help. 

I bought a used car from an AA approved dealer, had multiple issues which they were great about and fixed. Same issue kept happening, so I rejected the car within the “30days” following advice from Citizens Advice.
I sent a formal letter after CA sent me a template, giving them a deadline to respond. They didn’t, although they acknowledged they received the email and said they would respond by the deadline. 

I completed a chargeback with my bank and have put the money into safe keeping until the 45 days is up. 

I spoke to CA again and they said I am now in a situation of betterment, meaning I have the money and vehicle and need to give the car back once a decision has been made by bank. Completely understand this, I have also asked dealer to either collect or let me arrange a delivery of the vehicle… nothing!
CA have said once the 45days are up, if I still haven’t heard from them, then I need to contact them again and send a letter recorded delivery to ensure they are at the address they say they are at. This also helps if I need to take them to court, as court proceedings can’t commence if I don’t have a valid address. 

I looked up the company online again, and as of yesterday, they have now permanently closed!!!
The website brings you to a blank 404. No details as to whether they have just shut up shop, or gone into administration. Nothing!!
I now can’t take legal action against a closed company according to CA. I now have a car that is not safe to drive, money in holding that I can’t do anything with and the car is still in my name. I can’t even just transfer the logbook over to the company anymore as they have closed!
Any suggestions on what to do next would be great. 

To be clear, I want and am happy to
give the car back, but how?

Aylesbury_Duck

That's a tricky one, and you're sensible to put the money aside because there's a chance the dealer will challenge the chargeback.  I suspect they'd be successful because you still have the car, and then having closed there is no entity to sue in court.

I'm not sure what you can do here.  Was any of the purchase made on a credit card, or was it all on a debit card?  A credit card company can do a chargeback, but if it fails, they are jointly liable for the debt so that would be the next option if it's available.

sheramber

Have you visited the premises? 

There may be information there or  neighbours may know something.

What is the name of the business?

DullGreyGuy

Cam_17 said:

Hi everyone, first time poster and looking for some help. 

I bought a used car from an AA approved dealer, had multiple issues which they were great about and fixed. Same issue kept happening, so I rejected the car within the “30days” following advice from Citizens Advice.
I sent a formal letter after CA sent me a template, giving them a deadline to respond. They didn’t, although they acknowledged they received the email and said they would respond by the deadline. 

I completed a chargeback with my bank and have put the money into safe keeping until the 45 days is up. 

I spoke to CA again and they said I am now in a situation of betterment, meaning I have the money and vehicle and need to give the car back once a decision has been made by bank. Completely understand this, I have also asked dealer to either collect or let me arrange a delivery of the vehicle… nothing!
CA have said once the 45days are up, if I still haven’t heard from them, then I need to contact them again and send a letter recorded delivery to ensure they are at the address they say they are at. This also helps if I need to take them to court, as court proceedings can’t commence if I don’t have a valid address. 

I looked up the company online again, and as of yesterday, they have now permanently closed!!!
The website brings you to a blank 404. No details as to whether they have just shut up shop, or gone into administration. Nothing!!
I now can’t take legal action against a closed company according to CA. I now have a car that is not safe to drive, money in holding that I can’t do anything with and the car is still in my name. I can’t even just transfer the logbook over to the company anymore as they have closed!
Any suggestions on what to do next would be great. 

To be clear, I want and am happy to
give the car back, but how?

You need to have returned the vehicle first else the Chargeback will fail, you dont get to have both the car and the money. 

Looking at the paperwork, what was the name of the company you bought the car from?

born_again

DullGreyGuy said:

Cam_17 said:

Hi everyone, first time poster and looking for some help. 

I bought a used car from an AA approved dealer, had multiple issues which they were great about and fixed. Same issue kept happening, so I rejected the car within the “30days” following advice from Citizens Advice.
I sent a formal letter after CA sent me a template, giving them a deadline to respond. They didn’t, although they acknowledged they received the email and said they would respond by the deadline. 

I completed a chargeback with my bank and have put the money into safe keeping until the 45 days is up. 

I spoke to CA again and they said I am now in a situation of betterment, meaning I have the money and vehicle and need to give the car back once a decision has been made by bank. Completely understand this, I have also asked dealer to either collect or let me arrange a delivery of the vehicle… nothing!
CA have said once the 45days are up, if I still haven’t heard from them, then I need to contact them again and send a letter recorded delivery to ensure they are at the address they say they are at. This also helps if I need to take them to court, as court proceedings can’t commence if I don’t have a valid address. 

I looked up the company online again, and as of yesterday, they have now permanently closed!!!
The website brings you to a blank 404. No details as to whether they have just shut up shop, or gone into administration. Nothing!!
I now can’t take legal action against a closed company according to CA. I now have a car that is not safe to drive, money in holding that I can’t do anything with and the car is still in my name. I can’t even just transfer the logbook over to the company anymore as they have closed!
Any suggestions on what to do next would be great. 

To be clear, I want and am happy to
give the car back, but how?

You need to have returned the vehicle first else the Chargeback will fail, you dont get to have both the car and the money. 

Looking at the paperwork, what was the name of the company you bought the car from?

If retailer has shut up shop & gone bust, then there would be no one to reject the chargeback.
Retailers merchant bank can't reject on the grounds car not returned, as again no one to tell them that. Even if they set up again as a new company to get round any money claim online, they can not go back under the old co to reject, if they have dissolved the co.

All Op can do is sit it out & wait till their bank confirms that the company have not rejected the chargeback, which will they have 45 days to do. It can take the bank a while longer to pick this up & inform. 


OP could be lucky here🤦‍♀️ . But would then end up with the problem of getting rid of the car.

Best advice as previously stated. Visit the site you bought it from. If it is trading under a different name,  then you can't leave car there.

Grumpy_chap

Was the Dealer a Ltd Co., or a sole-trader / partnership?

Is there still a Dealer at the forecourt location, or is the site now vacant?
Might be worth a physical walk past.

born_again said:

OP could be lucky here🤦‍♀️ . But would then end up with the problem of getting rid of the car.

I am not sure how quickly the OP could dispose of the car in the circumstances that the Dealer has ceased trading.  There may be creditors that might pursue the company for any assets and might identify that there is an asset being the car which the OP now has in their care.

Cam_17

Thank you all for your advice.

So CA and my bank have said that I absolutely can do a chargeback, as I have requested a refund in exchange for the car formally and informally. My bank actually said that is the right thing to do as my 120 days of being able to claim for the money back was up yesterday and had I not have done the chargeback when I did, then I would have lost all chances of getting my money back if the dealer decided just not to reply to me. I would then have had to take them to court.

So the place I bought it from is 150 miles away… it’s not really a journey I want to do, without a working car. Lesson learnt however, I will no longer buy a car that far as it has caused both parties a lot of inconvenience. 

If it was more local, sure I would just turn up. But it seems very risky to leave London and go to Manchester just to see if they are there. 

I think I’ll take the advice and wait the 45 days. Then see what happens next. 

I will keep you posted!

born_again

Certainly can not do anything at the moment.
As to how long they have to wait, I'm not sure. But OP needs to be 100% certain they have totally shut up shop & that administrator's are not going to be chasing to get car back to pay any creditors.

GDB2222

If it was an AA approved dealer, can the AA help at all?

Cam_17

Sorry going to try and answer all questions here:
paid via debit card

bank statement payment says money went to ****Car Sales LTD. So assuming a limited company but no record of it on companies house register

said company is with the Motor Obudsman

Not 100% certain of anything right now tbh. The website doesn’t work anymore. I have read that if a company has gone into administration the admins details should be on company website so I can contact and arrange for them to collect. As mentioned, website is now a blank 404 page. 

No dissolved/closed companies on companies house register or when I do a .gov search.

Only reason I know it’s closed is because when now google the company, I get this:

MeteredOut

Cam_17 said:

Sorry going to try and answer all questions here:
paid via debit card

bank statement payment says money went to ****Car Sales LTD. So assuming a limited company but no record of it on companies house register

said company is with the Motor Obudsman

Not 100% certain of anything right now tbh. The website doesn’t work anymore. I have read that if a company has gone into administration the admins details should be on company website so I can contact and arrange for them to collect. As mentioned, website is now a blank 404 page. 

No dissolved/closed companies on companies house register or when I do a .gov search.

Only reason I know it’s closed is because when now google the company, I get this:

The bank payee does not have to match the legal company name, but the latter should have been on invoice documents. However, having LTD in the bank name if its not a Ltd company is very misleading (and possibly unlawful).

Do you have any documentation with a company number on it. Have you check archive.org for the website to see if it had a company number anywhere on it?