Refunded under section 75. Seller wont collect goods

[mastac]

Hi all,

This is my first post so hopefully I've put it in the right place and somebody can help.

I recently purchased a car from a motor trader. After a day of driving around the car broke down and then kept breaking down intermittently. Long story short, I had the car inspected and found it was unroadworthy. The car trader refused to do anything about it so I contacted my bank for a refund under section 75 (as I had luckily paid on my credit card).

I sent the bank all the evidence and they duly refunded all my money, plus the cost of the inspection.

Anyway, my problem is now what to do with the car. Luckily for me I have a private off road car parking space I can leave the car in, until I buy a new one. The car is no longer taxed as I sent the tax disc back to DVLA for a refund, nor is the car insured.

DVLA have told me I am still responsible for the car and will be until the matter is resolved with the trader or I can pass the car on. I can't get the car back to the dealer as it wont start and I will not pay for it to be recovered on their behalf (quite a long way from my house). I can't pass the car on as it is unroadworthy, so If I ask a scrap yard to collect the vehicle can the trader come back and then sue me for the value of the car?

Eventually I will buy a new car and will need that parking space back. The trader's car cannot be left on the public road because it's untaxed and uninsured and I will be liable for that. I don't know what to do. The bank say they can't advise me either agh!

Any help would be appreciated.

Thanks

[TUTTSI]

Re: Refunded under section 75. Seller wont collect goods

Basically, this is not your car if the trader has fully refunded you, have you signed the log book back to them?. Put all this in writing that their car is on the public highway at address........................ and that they should collect it immediately as they will be responsible for any fines for the car being on the public highway, not having insurance and no tax disc on the car.

[mastac]

Re: Refunded under section 75. Seller wont collect goods

That's the issue, the trader hasn't refunded me, the credit card company has under a section 75. The trader is refusing to collect the car. They are not taking my calls and are ignoring my letters. The log book is still in my name and I can't take my name off it unless I can get it back to the trader, and they agree to take it, or pass the car on to a third party.

[TUTTSI]

Re: Refunded under section 75. Seller wont collect goods

I would then go to a solicitor immediately and get a solicitors letter off to them and try and get the car off the road as you are asking for trouble by leaving it on the road. You will have to hire a vehicle that can tow it somewhere safe for the time being.

That's the issue, the trader hasn't refunded me, the credit card company has under a section 75. The trader is refusing to collect the car. They are not taking my calls and are ignoring my letters. The log book is still in my name and I can't take my name off it unless I can get it back to the trader, and they agree to take it, or pass the car on to a third party.

[mastac]

Re: Refunded under section 75. Seller wont collect goods

That would probably end up costing more than paying to have to car recovered back to the trader! At the moment there is no risk of any fines or prosecutions from the DVLA as the vehicle is SORN and off the road in a private residential car park. It obviously can't stay there forever so I would like to know my options. I have given the trader ample opportunity to collect the car. Surely there must be a point when I can pass the car on, i.e. to a scrap merchant, with no fear of legal action from the trader.