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  • FIRST POST
    • BinkyStottom
    • By BinkyStottom 9th May 18, 11:46 AM
    • 15Posts
    • 9Thanks
    BinkyStottom
    I Won An American Express Chargeback Case, Now What?
    • #1
    • 9th May 18, 11:46 AM
    I Won An American Express Chargeback Case, Now What? 9th May 18 at 11:46 AM
    Hello lovely people of the MSE forum! It's been a long time since I've posted, hope you guys can help.

    So here's my problem, I bought a used car from a dodgy dealer in Poole, pretty much exactly a year ago.

    Long story short, the dealer didn't uphold their end of the bargain from the very beginning, they stopped communicating with me early on and ceased trading, which as it turns out, is something they do every few months. They will then reopen, from the same premises, under a slightly different name and with fake directorial details (John Smith, Jesse James etc)

    Anyway, I got American Express involved who have finally given me the money back via a chargeback case (even though I asked to open a section 75) but they are unable to advise me on the next step.

    My question is, what do I do with the car now?

    American Express said that the dealer has not responded to their information requests, probably because they are no longer trading under their old name but then told me that what happens with the car is between me and the dealer. Well, they don't respond to me either and I don't want them to, my research on them has shown that these guys are thugs and probably criminals!

    Is there a time limit I should keep the car in case the dealer asks for it back? American Express say their responsibility in this case is now over.

    What do I do with this thing? It's just sitting there, declared SORN, taking up space.
Page 1
    • Gary_Dexter
    • By Gary_Dexter 9th May 18, 12:01 PM
    • 2,597 Posts
    • 1,461 Thanks
    Gary_Dexter
    • #2
    • 9th May 18, 12:01 PM
    • #2
    • 9th May 18, 12:01 PM
    Sell it to a scrapper - get more cash for it
    • msallen
    • By msallen 9th May 18, 1:25 PM
    • 908 Posts
    • 1,053 Thanks
    msallen
    • #3
    • 9th May 18, 1:25 PM
    • #3
    • 9th May 18, 1:25 PM
    Send the dealer a letter (via "signed for" postage) stating that their car is parked on your property and you are charging them rent of (say) a tenner a day, but if you don't hear from them within 14 days you will dispose of it to recover the money owed.

    Then when they fail to respond again, sell it for scrap or whatever and make a few quid on the thing.
    • meer53
    • By meer53 9th May 18, 3:10 PM
    • 9,326 Posts
    • 13,595 Thanks
    meer53
    • #4
    • 9th May 18, 3:10 PM
    • #4
    • 9th May 18, 3:10 PM
    Sell it to a scrapper - get more cash for it
    Originally posted by Gary_Dexter
    DO NOT do this without giving the dealer the option to collect it first as per msallen's post.
    • eddddy
    • By eddddy 9th May 18, 4:05 PM
    • 7,186 Posts
    • 7,133 Thanks
    eddddy
    • #5
    • 9th May 18, 4:05 PM
    • #5
    • 9th May 18, 4:05 PM
    Bear in mind that, Amex giving you back the money is not the same as a court deciding that you don't owe the dealer the money.

    The dealer might not agree that they have breached the contract, and might persue you for the money - through court or otherwise!


    Regarding disposal of the car - you probably need to be careful.

    After the 14 days (mentioned above) has expired... ask, say, 3 car dealers what they will offer for the car. Maybe tell the original dealer what the 3 offers are, and give the original dealer one last chance to collect the car.

    If the original dealer doesn't respond, accept the best offer - and be prepared to hand over the money to the original dealer when requested.
    Last edited by eddddy; 09-05-2018 at 4:07 PM.
    • camelot1971
    • By camelot1971 9th May 18, 6:20 PM
    • 913 Posts
    • 1,409 Thanks
    camelot1971
    • #6
    • 9th May 18, 6:20 PM
    • #6
    • 9th May 18, 6:20 PM
    I'm shocked a dodgy dealer accepted Amex in the first place!
    • BinkyStottom
    • By BinkyStottom 9th May 18, 7:02 PM
    • 15 Posts
    • 9 Thanks
    BinkyStottom
    • #7
    • 9th May 18, 7:02 PM
    • #7
    • 9th May 18, 7:02 PM
    I'm shocked a dodgy dealer accepted Amex in the first place!
    Originally posted by camelot1971
    Exactly, we took the fact that they did, as a sign they would likely be (at least somewhat) reputable!

    These cowboys left a trail of unpaid invoices and unsatisfied customers, some of the things I've unearthed are quite distressing.

    Thanks for all the advice so far, I think I'll send them a letter as suggested above, but with an email address or phone number to contact, not my address!
    • Heng Leng
    • By Heng Leng 10th May 18, 3:21 PM
    • 4,639 Posts
    • 1,487 Thanks
    Heng Leng
    • #8
    • 10th May 18, 3:21 PM
    • #8
    • 10th May 18, 3:21 PM
    If they have ceased trading then the company that you bought the car from doesn't exist.

    In these circumstances, the chargeback will be funded by their merchant bank (for Amex cards, this is Amex itself) as it would from a S75 claim.

    The car doesn't belong to any new company that opens up, it would be owned either you, by the creditors of the old company or failing that the Crown.
    • BinkyStottom
    • By BinkyStottom 10th May 18, 4:36 PM
    • 15 Posts
    • 9 Thanks
    BinkyStottom
    • #9
    • 10th May 18, 4:36 PM
    • #9
    • 10th May 18, 4:36 PM
    Well, I bought the car with an Amex card, so at the point of sale American Express became jointly liable alongside the merchant...I believe that is how it works.

    The merchant is no longer in business under their previous name and American Express don't seem to care unless the merchant contests the decision (highly unlikely) so it does seem as if the car is just going to continue to be my responsibility.

    I think I'll just keep the car stashed safely in the garage until the point at which we move house and then make a decision.
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