Charge back on used van

[Usedmailvan]

Hello,

I purchased a used ex Royal Mail van from a dealership for £2,400. It had full service history, all previous MoT’s a few dents but low mileage. On paper it looked good. It had about 3 days MOT left and the dealer wanted to charge £200 to put it through an MOT. Obviously I refused and took it to my local trusted garage. The van was declared totally unroadworthy and unsafe to drive. I paid via debit card (as he refused to accept credit card)

I contacted the garage who were extremely rude, awkward and dismissive of my claims and refused any returns as I wanted to return the van.

I was not taking this lying down and contacted my bank and applied for a chargeback. After 2 months or so and lots of email exchanges and several challenges to my chargeback from the dealer today I got the news that the chargeback was successful and would not be reversed. So great news!

Onto my issue- so I have all the money back for the van but I also still have the van which Iv had to SORN as it’s unroadworthy. I have sent the dealer several letters trying to resolve the issue at the same time applying for the chargeback to collect the vehicle to which he never responded. Part of the chargeback requirements was to return the van, however due to the fact he ignored my request the chargeback was approved.

Now the dealer is requesting me to return the van. However it’s approximately 50 miles to the dealership and the van is unroadworthy, uninsured, untaxed and little fuel. I have spoken to a legal team (during the chargeback process) who advised me to put in one of my letters. “ the vehicle is available for collection, if you fail to let me know a collection date I will take this as you rejecting the vehicle, I should not loose out financially as a result of you breaching the contract”.

Any advice of what the law is regarding this as now legally I don’t own the van. The dealer stated I signed when I purchased the van I would return it should there be any issues. However he was in breach of the contact making the contact null and void.

any advice much appreciated

[des8]

Hi and welcome

The dealer has to collect the van at no cost or inconvenience to yourself.

Write to him telling him if he does not advise his intentions within two weeks you will be disposing of the van in accordance with the Torts (interference with goods) Act 1977.
You will then be able to sell the vehicle (recommend by public auction).
Having deducted your costs the balance of any proceeds then belong to the dealer

[Usedmailvan]

Thank you very much, does the torts law apply even if I had purchased the van and now been refunded so I don’t legally own the van?

I have read the contract and it states
“I understand that it is my responsibility to return the vehicle to the seller in the event that I require a statutory repair or wish to exercise my statutory right to reject”

i feel that this is void as he breached the contract in the first place by selling an unroadworthy vehicle.

I want to do everything by the book to avoid any further issues.

[des8]

IMO the trader has fundamentally breached the contract by selling a vehicle which was unroadworthy and unsafe to drive
Section 75 of the Road Traffic Act 1988 makes it a criminal offence to supply such a vehicle, and so I would argue the contract was void from the beginning as the dealer cannot contract to do something which is illegal. The contract never had effect so that clause is without effect.

This means you are in possession of goods belonging to a third party, and section 12 of the Torts (interference with goods) Act 1977.comes into play.

[ostell]

The dealer can't contract to override the requirements of an Act. The requirements of the Act take precedence.