Chargeback success for car … now what

born_again

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.

You will have to see what they say.
Where has the car been stored & can you prove the costs?

End of the day, they could take you to court for the amount of the chargeback. As chargebacks are over & above your legal rights.

Undervalued

born_again 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.

You will have to see what they say.
Where has the car been stored & can you prove the costs?

End of the day, they could take you to court for the amount of the chargeback. As chargebacks are over & above your legal rights.

Indeed.

A lot of people completely fail to grasp that point. A chargeback makes no judgement on the rights and wrongs of the dispute. It is simply a technical device allowed under some circumstances in the banking rules, rather like stopping a cheque.

Grumpy_chap

Ramo9555 said:

they have came back 3 months later after I served a notice

Ramo9555 said:

I have an invoice for the storage. I informed them in the notice of the storage costs,
 It was in storage for 5 months!

If the car was in storage for 5 months and the response was 3 months after you served the notice, the business may be able to contest the first 2 months of the storage costs between you putting the car in storage and then serving the notice.  The business may argue (successfully) that they were unaware of the costs accruing for those first two months and, hence, unable to mitigate the costs. 

pinkshoes

Undervalued said:

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?

My stupid phone that thinks it's clever changing words to what it thinks I wanted.

I also type a lot in French so it gets confused!

ALL documentation.

born_again

Ramo9555 said:

I asked them by email in February to collect the car, they ignored my emails. I served the notice after winning the chargeback. I told them from February it would be in storage because it could easily be stolen sitting on a public road

So was the chargeback against the auction house?
If so which one?
As rule of thumb, they do not own the cars, they just sell them for a 3rd party.

Copart might auction cars that they have got off ins co's. But pretty sure they will be sold as seen with no comeback.

Jumblebumble

Undervalued said:

born_again 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.

You will have to see what they say.
Where has the car been stored & can you prove the costs?

End of the day, they could take you to court for the amount of the chargeback. As chargebacks are over & above your legal rights.

Indeed.

A lot of people completely fail to grasp that point. A chargeback makes no judgement on the rights and wrongs of the dispute. It is simply a technical device allowed under some circumstances in the banking rules, rather like stopping a cheque.

The main thing about stopping a cheque is that the person who has been issued the cheque can then sue for the value of the cheque regardless of the reason why it was stopped as it is covered by Bills of Exchange Act 1882

cmthephoenix

Ramo9555 said:

I have an invoice for the storage. I informed them in the notice of the storage costs, they failed to respond to the notice by the deadline and I couldn’t afford to continue to keep a structurally damaged car in storage any longer. It was in storage for 5 months!

You didn't answer where the car was stored - was the car stored with a company that is generally useable by any member of the public to store their car? There may be a small argument that what did it matter to you if it was stored on the street and stolen, once you had notified of this fact but equally well they could have picked up the car immediately they had notification of it being stored. Did you notify both by email and letter certified as being sent by the post office?