Chargeback success for car … now what

Ramo9555

Hi all,

I purchased a car from an online auction house, when I received the car the mechanic looked at it and it had a tonne of structural damage. The car was listed specifically as non structural damage and the auction house took photos at an angle that didn’t show the extent of the damage. 

VISA said the goods were not as described and the merchant didn’t respond to the evidence including expert reports I provided.

I won my chargeback claim after three months of representations and the bank confirmed I can keep the money. Before I told the company I would proceed with chargeback I asked the company to repair the car to the standard I thought it was sold as or to come collect the car (it can’t be driven on the road for me to return it). I already paid £800 for a haulage company to bring the car to my house so I’m reluctant to spend more money to return it given it can’t be driven on the road in its current state. The company did not respond to multiple email requests to collect the car over the past three months.

My question is now what do I do with the car? I’ve previously given the location of the car, my full name and address by email and requested the company collect it but they have ignored all my emails. I read on this forum that I’m an involuntary bailee. I’ve already reached out multiple times to return car and given the address. What more can I do now with a faulty car in my driveway as it’s been 3 months?

Do I need to post the request that they collect the car or is email sufficient legally speaking?

The car is legally registered to me on the v5, we registered it on receipt to not pay tax and do a SORN. I’d like to move on with my life now and either repair the car if they aren’t going to collect it or buy a new car and get it out of my driveway. I am out of pocket around £1k from the chargeback claim due to transportation costs and expert reports of had to pay for and gather to defend my claim.

Mark_d

webuyanycar.com ?

Ramo9555

It’s an online auction house. I just want advice on the above point not speculation as to who it could be lol

la531983

Ramo9555 said:

It’s an online auction house. I just want advice on the above point not speculation as to who it could be lol

Erm, no, Mark was suggesting use We Buy Any Car to sell the car! 

Or, sell it for scrap.

the_lunatic_is_in_my_head

Does the terms of sale state if the customer is to return goods in the event of them not being as described?

I understand you purchased online but would anyone have had the option of attending the auction in person?

Okell

"(4)The notice shall be in writing and shall be sent by post in a registered letter, or by the recorded delivery service."

See s12 and Part 2 of Schedule 1 of the Torts (Interference with Goods) Act 1977

Ramo9555

Thanks for clarifying, is my best option to sell it for scrap or at another auction? What happens if they come after me for the car in 6 months? I’ve already waited 3 months so I want to get rid of it or repair itself 

Okell

Ramo9555 said:

It’s an online auction house. I just want advice on the above point not speculation as to who it could be lol

I think he's suggesting a method of disposal rather than speculating as to the seller...  lol

la531983

Does this online auction house have a physical premises?

Get the car towed to it, leave it there, with the keys. Job done.

Ramo9555

Under the Tort Act 1977 does email constitute writing? If so it looks like I need to send a letter

Ramo9555

The T&Cs just state that I should contact the customer complaints team which I did and they were zero help. Nothing about returning the vehicle, probably as not many people are successful to dispute an auction car