Visa Chargeback for a Car… Now what?

MeteredOut

born_again said:

Cam_17 said:

According to their invoice, the VAT number is registered to this company:

https://find-and-update.company-information.service.gov.uk/company/13153813/filing-history

Another car sales company. 

Same address.. Different person

That's why we need to know which legal entity the sale was with. I asked if there was an invoice or any other document with a company number, but it wasn't answered. Hopefully they do have some documentation for the sale.

Cam_17

So on the invoice as well as my bank statement and all the receipts, even the fancy folder they put all the paperwork into says CR Car & Van Sales. At the top on the invoice, it says VAT no.XXX(as above) which is for the other company. 

MeteredOut

Cam_17 said:

So on the invoice as well as my bank statement and all the receipts, even the fancy folder they put all the paperwork into says CR Car & Van Sales. At the top on the invoice, it says VAT no.XXX(as above) which is for the other company. 

Do you recognise either of the two company directors posted on the links to companies house on this thread?

It seems whoever you bought it from are trading as the first company linked to on this thread (CR CAR SALES LIMITED) but the VAT number on your invoice is for the second company linked to (RUCAR LTD).

That alone is a red-flag (with the benefit of hindsight).

eskbanker

MeteredOut said:

Cam_17 said:

So on the invoice as well as my bank statement and all the receipts, even the fancy folder they put all the paperwork into says CR Car & Van Sales. At the top on the invoice, it says VAT no.XXX(as above) which is for the other company. 

Do you recognise either of the two company directors posted on the links to companies house on this thread?

It seems whoever you bought it from are trading as the first company linked to on this thread first (CR CAR SALES LIMITED) but the VAT number on your invoice is for the second company linked to (RUCAR LTD).

That alone is a red-flag (with the benefit of hindsight).

The second company is actually RUCARL LTD, which could perhaps be pronounced as 'are you Carl', i.e. the name of its director, who happens to share initials with the other CR, although this could be completely circumstantial and irrelevant!

Cam_17

So I have no idea who the Christopher person I dealt with a gent called Tom, who sold me the car. He is who I was speaking with when I had the issues, and then when I asked for the refund, he said it was now with management - Carl. My only interaction with Carl, was him saying he had received my letter (the template CA) gave me. And he would reply by the deadline, which has now passed and I’ve not heard from anyone since.

MeteredOut

Cam_17 said:

So I have no idea who the Christopher person I dealt with a gent called Tom, who sold me the car. He is who I was speaking with when I had the issues, and then when I asked for the refund, he said it was now with management - Carl. My only interaction with Carl, was him saying he had received my letter (the template CA) gave me. And he would reply by the deadline, which has now passed and I’ve not heard from anyone since.

So Carl is the director of RUCAR LTD (which matches the VAT number on the invoice you paid). I'd suggest that's the legal entity you bought from.

It could be the other Ltd company has nothing to do with him, and they're just using that trading name as a way of obfuscating things.

Cam_17

Tom, is Carl’s son.

Lorian

If you check the phone number on that Google search OP posted it's the phone number for an insolvency practitioners.

Undervalued

born_again said:

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.

Yes but it is important to understand that is not the same thing as having a legal right to the money. It merely confirms that the bank will no longer action a chargeback. 

If the garage has gone into administration the administrators could (and very likely would) pursue the OP for the money and they have six years in which to do so (five in Scotland).

I appreciate the OP says they are quite happy to return the car (but presumably less happy to keep the car and return the money). If the garage does go into administration I would suggest the OP immediately contacts the administrators and remind them that he is awaiting the collection of the car and see what they say.

born_again

Undervalued said:

Yes but it is important to understand that is not the same thing as having a legal right to the money. It merely confirms that the bank will no longer action a chargeback. 

If the garage has gone into administration the administrators could (and very likely would) pursue the OP for the money and they have six years in which to do so (five in Scotland).

I appreciate the OP says they are quite happy to return the car (but presumably less happy to keep the car and return the money). If the garage does go into administration I would suggest the OP immediately contacts the administrators and remind them that he is awaiting the collection of the car and see what they say.

https://forums.moneysavingexpert.com/discussion/comment/81371135/#Comment_81371135

Which I mentioned in linked post.👍