Chargeback success for car … now what

born_again

Grumpy_chap said:

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.

Op covered that 2 posts up 👍

Ectophile

Grumpy_chap said:

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.

That's why the OP needs to follow the rules in the Torts (Interference with Goods) Act.  When they sell the car, the money belongs to the auction house, and they have 6 years to claim it.

Grumpy_chap

born_again said:

Grumpy_chap said:

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.

Op covered that 2 posts up 👍

Yes, I saw that - and the reference to "two rounds of representations".
It is my understanding that chargeback is simply refunded and then contested so funds taken and given back to the trader again, or not contested.
It is, so far as I am aware, S75 that has the more robust process and repeat challenge.

the_lunatic_is_in_my_head

Grumpy_chap said:

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.

Well anyone could pursue anyone else for any amount they want really, without the context of the subject matter it's just a standard statement

If OP is covered by the CRA and has rejected then should the auction house decide to attempt recovery via the court process they aren't likely to get far, plus they'd risk an £800 counterclaim for the haulage as damages (depending upon whether it was foreseeable at the time of the contract being formed). 

Ectophile said:

That's why the OP needs to follow the rules in the Torts (Interference with Goods) Act.  When they sell the car, the money belongs to the auction house, and they have 6 years to claim it.

Worth a note there is no obligation to sell the goods, the option is there to relieve the duty to take care of the goods, OP is free to keep the car and take reasonable care of it (which is to store it safely rather than drive it).

the_lunatic_is_in_my_head

Unfortunately OP I don’t believe you can claim any storage fees (unless they were part of the original contract which is unlikely). 

There is an obligation to mitigate losses so if storing the car would cost and you could obtain the value by selling then selling is the mitigated option.

You can of course deduct any direct costs you incur during selling from the final price.  

Haulage fees would currently require you to sue them but that might draw their attention to your possession of the car. 

Best result is they never come looking and you end up with a bonus so don’t poke the bear. If they do come looking then yes of course ask for haulage costs.

If they refuse and you have sold you could keep £800 from the sale price and see whether they risk suing for it.

If you store the car then I wouldn’t recommend holding out the car over the £800 (assuming the car value exceeds £800).

pinkshoes

You've won the charge back so that's fine.

I'd send one more letter with proof of postage giving them 14 days to collect the car, making it clear that if it's not collected then it will be disposed of.

If they don't reply then contact We Buy Any Car and get the best you can for it.

Put the money in a savings account and leave it for 6 years. Hopefully they won't bother so you can recoup some of your £800 loss.

Money_Grabber13579

I presume this was an auction house which actually owned the cars which were being auctioned, rather than a company that was auctioning cars on behalf of third parties? I was wondering who was out of pocket here and whether there is another party to the contract who need to be informed of any action which might be taken.

MarvinDay

pinkshoes said:

Put the money in a savings account and leave it for 6 years. Hopefully they won't bother so you can recoup some of your £800 loss.

 Or Premium bonds provided that the OP doesn't already hold the maximum allowed.

pinkshoes

Ramo9555 said:

Update - they have came back 3 months later after I served a notice saying they want to collect the car. I have since sold the car for around £3k which is half of what I bought it for but that’s what it was valued at as it has structural issues. My storage and haulage fees were over £3k. Does anyone know if I’m obligated to give them the £3k or can I say it was offset against the fees incurred. I also set out the fees in my notice to them which they never replied to by the deadline.

I'd tell them that once they've paid the storage fees of £3100, you will pay them the £3000 that you sold the car for. Send them a copy of all documentation proving the storage fees etc...

Undervalued

pinkshoes said:

Ramo9555 said:

Update - they have came back 3 months later after I served a notice saying they want to collect the car. I have since sold the car for around £3k which is half of what I bought it for but that’s what it was valued at as it has structural issues. My storage and haulage fees were over £3k. Does anyone know if I’m obligated to give them the £3k or can I say it was offset against the fees incurred. I also set out the fees in my notice to them which they never replied to by the deadline.

I'd tell them that once they've paid the storage fees of £3100, you will pay them the £3000 that you sold the car for. Send them a copy of almost documentation proving the storage fees etc...

What is "almost documentation" and how does it prove anything?