Quick question about chargeback and collection of goods

[philhuk]

I have a really quick question that I'm hoping someone can help me on as my Googling is not working very well on the matter. The deatils are not really too relevant but I have been in dispute with a dealer over a second hand car. Long story short, I am in stage one (I think) of chargeback. The credit card company as re-debited my account from the traders under Mastercards process.

The question I have though is this. Credit card company told me that the trader has 45 days to contest/respond etc. I understand that this could result in a ping pong he said/she said type scenario but what I'm really wondering is what actually happens to the car if the trader fails to contest and/or loses but makes no attempt to collect the vehicle?

What concerns me is, lets say I win the claim and all is good, but then the trader goes silent (as they have been thus far), is there any sort of time limit within which they must collect the vehicle from me? Am I, if they don't collect, obliged legally to take it to them? I guiess the bottom line here is might I be lumbered with vehicle in a sort of limbo where the dealer can choose any time to decide to collect it, thus I have to look after it for him?

Thanks in advance

[wales01man]

Re: Quick question about chargeback and collection of goods

After the time limit for the trader to claim the money when the card company has given you the money end of why cant you return the car to the dealer?

[philhuk]

Re: Quick question about chargeback and collection of goods

Well the fact it has no MOT or tax means I can't drive it so will have to pay to get it toed which I'm not doing (the dealer is quite a way from where I live). The dealer has also been silent and ignored all representations to him about the car for the past 8 weeks hence the chargeback process so I'm not sure he is even going to react to the chargeback. I've also been advised by Consumer Advice and local Trading Standards that it is the dealer's responsibility to collect the car from me, so I'm wondering what happens if they don't because I'm not paying to return it.

[philhuk]

Re: Quick question about chargeback and collection of goods

Don't get me wrong here, I;m not trying to avoid returning it, rather I;m just wondering what happens if the dealer singularly fails to attempt to arrange collection.

[wales01man]

Re: Quick question about chargeback and collection of goods

who owns the car and who is the registered keeper? if its you and its untaxed and on the highway your liable to tax or sorn it? be careful on this and check

[philhuk]

Re: Quick question about chargeback and collection of goods

OH jeez man, I know all of this and really only need an answer to the original question. The car is not declared SORN, it is off the road on private land untaxed and unMOT'd. It needs to be towed away if its going anywhere. Period. And frankly that is irrelevant to the original question all I want to know is, all things being equal, if the dealer refuses to collect it what exactly happens given the obligation is on him to collect not me to return?

[wales01man]

Re: Quick question about chargeback and collection of goods

No need to be rude man just telling you what may have happened have you asked the dealer to take car back? i would not expect you to pay to return the car if you win the dispute maybe a letter if you will not speak to them asking that they collect car you may get a reply if not further action can be taken but it may be at a cost to you?

[philhuk]

Re: Quick question about chargeback and collection of goods

Yes. Three letters and three emails - all tracked and/or signed for. First one asking for a response in 14 days. Second asking for a response within another 14 days, third asking for a response in 7 days - no response at all to any of them. I was told to do this by Consumer Advice, so I could then go to the credit card. Theyve now initiated charge back. So, given the complete silence on their part I am minded to wonder if they will remain silent and if they do so, what I should do. Worst case scenario I guess is that I see if I can get the car to them and just dump it on their forecourt and give them the keys

[ostell]

Re: Quick question about chargeback and collection of goods

The car is not declared SORN, it is off the road on private land untaxed and unMOT'd.

If you are the registered keeper then it needs to be declared SORN or you could be facing a fine for that.

[philhuk]

Re: Quick question about chargeback and collection of goods

OK, I;ve already spoken to the DVLA about this so please, the status of the car in this respect really isn't something I'm looking for advice on right now. The car has no MOT so cannot get tax, there is a period of time where it does not have be declared SORN as its technically going through MOT fixing etc, and also the registered keeper is in the process of change with them. Seriously I just want to know about the specifcs of what happens if the dealers remains unresponsive.

[ostell]

Re: Quick question about chargeback and collection of goods

My plan would be:
When you get your money back, and it stays with you, write to the garage and give them 2 weeks, say, to pick up, while you are charging £25 per week for storage. If not picked up a final letter saying you will dispose of the car and any costs will be claimed from them. All sent signed for.

If you make a profit from the sale to your local scrappy then send them the profit, else claim your costs from them.

[philhuk]

Re: Quick question about chargeback and collection of goods

Thank you

[philhuk]

Re: Quick question about chargeback and collection of goods

Just a quick follow up. I had reason to suspect something like this might happen but it seems the dealer has disappeared. His website has gone, all his cars on autotrader are gone, the location he operated from is empty and his mobile phone is now dead. So, whilst he technically owns the car right now what do I do to ensure I comply with the law?

[wales01man]

Re: Quick question about chargeback and collection of goods

If the dealer gave you a sales invoice when you brought the car the address on it is where you should send letters to as to the sorn business dont believe what the DVLA say get it in writing or soon they will be writing to you with a fine for not taxing or sorn the car if its registered in your name your liable,this has been highlighted on the forum many times

[wales01man]

Re: Quick question about chargeback and collection of goods

SORN If you’re recently registered as the keeper or not yet registered you must apply by post.
Taken from the DVLA website please read the page in full it may apply to you