Chargeback success for car … now what

la531983

Do they have a physical address?

Write to them, one more time, sent recorded delivery (retaining proof of delivery), giving them 28 days to collect the car or you will be disposing of it yourself. That will sufficiently cover you. 

Ramo9555

Online auction company in England but I am in NI so I couldn’t attend physically but you can attend with appointment. However even if I did have an appointment I would not have been able to see the undercarriage, damage was only evident on lifting up the car which the mechanic was shocked at the extent of structural damage

Ramo9555

Thanks everyone, this is really helpful so far. I’ve been so stressed out with this and I just need to figure out how to protect myself from action going forward if they come for the car in a year time…

Okell

Ramo9555 said:

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

I suppose you could do an email.

But then you would have to print it to be able to send the print "by the recorded delivery service"...

Exodi

I'd sell the car and then slap the money in a savings account.

While I expect it's unlikely they'd be able to come after you, even less so given you have begged them to take the car back and they've refused to respond (and it's key you evidence this point by sending them one final letter giving them a reasonable time to collect and store the proof of delivery), I do think it could cast aspersions on you to then keep and use the car you claimed a chargeback on. I think the optics are much better to sell it, and keep the cash to one side. I guess if it got to the point they expect reimbursement, you could make arguments for storage, transport, etc.

Following the statute of limitations, after 6 years I think you'd be safe to do whatever you want with the money. Can't get much more cautious an approach than that.

FWIW I don't think it's sensible at all to drop it off outside their gaff with the key. Not only would you incur another ~£1k in costs that you will not recover, the title is also in your name.

Clive_Woody

Could you re-sell the car through the same auction house, just with genuine description this time? Collection only.

born_again

Ramo9555 said:

Thanks everyone, this is really helpful so far. I’ve been so stressed out with this and I just need to figure out how to protect myself from action going forward if they come for the car in a year time…

I would be more worried about auction house going legal to claim the funds back.
A chargeback has no legal standing & if retailer does not contest. They can go via courts to claim the money back.

Ramo9555

They did contest, two rounds of representations and they lost the chargeback. I am appreciate it’s not legally binding but the evidence was reviewed by VISA so to sue me would be a massive waste of time considering the expert reports I have, I won the chargeback claim based on a lot of evidence and also they will need to pay all fees to take me to small claims court. Now I just need to get rid of the car legally so I can move on.

lincroft1710

As you're in NI and the car has serious problems, it probably isn't worth their while recovering the car

Grumpy_chap

Was the refund processed as Chargeback or as S75?  It is important as Chargeback can be reversed.

Even if Chargeback is not reversed, the situation is that the OP has purchased the car. taken it away and then done the equivalent of stopping the cheque.  The vendor could still pursue the value from the OP via any normal debt recovery process and generally that would be an option for the vendor for up to 6 years.