Rejected a car (need clarification)

[mch1991]

Re: Rejected a car (need clarification)

Brilliant! Thanks for your help, I really appreciate it.

I'll keep everyone updated.

[mch1991]

Re: Rejected a car (need clarification)

Just a quick update.

After a long winded email to the finance company, and setting them straight on a few areas of law including imposing a charging schedule to start from next week, they emailed me on Monday to say the dealer should be picking up the car.

I've had no correspondence since, the car has been ready for collection for well over 2 weeks now, and quite frankly, I've had enough.

I'm thinking to email them telling them that unless goods are collected within 7 days, they will be disposed of inaccordance with the schedule 1 of the Torts (Interference with Goods) Act 1977.

The dealer was given until last Sunday to collect the car before being charged a daily storage fee, should I write to the dealership breaking down the current fee due (£60 for Monday, Tuesday and Wednesday)?

And yes, I've requested a chargeback for the £100 deposit through my bank, who have passed it onto their Visa disputes department.

[des8]

Re: Rejected a car (need clarification)

Look on the bright side:: you have lots of options
1)Keep vehicle and charge £20 p.d.
2) if you have notified DVLA of change of keeper to finance co. or dealer shove it on the road after warning them!
3) warn them you are disposing vehicle by auction as per Torts Act, and you will deduct you expenses from the sale proceeds which you will hold for them.

[mch1991]

Re: Rejected a car (need clarification)

Thanks!

Sent them an email after doing some research on the disposal of goods as mentioned here.

Given them 14 days notice in regards to disposal, and because I've already given them a 7 day notice of storage charges on Monday, I've also reminded them that they will be charged a £20.00 per day fee from the 3rd October 2016.

Trading standards/CAB have confirmed what has been mentioned here, CAB have forwarded my complaint onto TS with relation to the dealership and the selling of wrongly advertised cars and cars that aren't fit for purpose and as described.

I've also registered the car into the finance company's name this morning, didn't realise how easy it was to do.

Will keep everyone updated!

[mch1991]

Re: Rejected a car (need clarification)

Car was collected last week finally. The dealer however is refusing to refund my £100 payment I made on collection of the car.

I've sent him a letter before claim, giving him 14 days to pay. My bank is delaying the whole charge back request, so I'm just thinking of making a claim against him for the £100 and a little extra for the time spent dealing with this.

[des8]

Re: Rejected a car (need clarification)

Car was collected last week finally. The dealer however is refusing to refund my £100 payment I made on collection of the car.

I've sent him a letter before claim, giving him 14 days to pay. My bank is delaying the whole charge back request, so I'm just thinking of making a claim against him for the £100 and a little extra for the time spent dealing with this.

So things move forward!

"and a little extra for the time spent dealing with this"....... trust you word your POC a little differently lol

[mch1991]

Re: Rejected a car (need clarification)

Haha! Of course I wouldn't put that in a POC, I was looking at claiming an extra £25 on top.

If someone refuses to pay or ignores your correspondence, is it okay to issue proceedings against them before the 14 day warning period is up?

[des8]

Re: Rejected a car (need clarification)

No. Wait for the time given to expire otherwise you appear unreasonable.

What happened to the £20 per day storage?
What would you show as a head of loss for the £25?

[mch1991]

Re: Rejected a car (need clarification)

The storage scenario would have been imposed against the finance company had they failed to collect the car by the time scale I set, unfortunately they collected it before I could charge them a storage fee after giving them a reasonable deadline.

My main head of loss would be the fact that I've had to prepare, research and issue a claim. My train of thought is that if a judge disagreed, they'd merely deny the costs.

The law from what I've read states a full refund is due after following the short term right to reject procedure.

I've also seen the dealer is reselling the car for £600 more then I bought it for, and claiming it's done 1,000 miles less than it actually has, shows the mentality of this conman.

[des8]

Re: Rejected a car (need clarification)

The storage scenario would have been imposed against the finance company had they failed to collect the car by the time scale I set, unfortunately they collected it before I could charge them a storage fee after giving them a reasonable deadline.

My main head of loss would be the fact that I've had to prepare, research and issue a claim. My train of thought is that if a judge disagreed, they'd merely deny the costs.
You can but hope, but don't plan on spending it:tinysmile_twink_t2:
The law from what I've read states a full refund is due after following the short term right to reject procedure.:thumb:

I've also seen the dealer is reselling the car for £600 more then I bought it for, and claiming it's done 1,000 miles less than it actually has, shows the mentality of this conman.

comments added!