Chargeback for deposit on car... who owns it now?

[cd87]

Hi All

I bought a second hand car from a dealer with the wrong wheels, it had wheel wobble and scrapping the arches ect. I brought it back to dealer who only changed the tyres, then to an independent mechanic who confirmed the dealer had not fixed the problem.

As I paid for the deposit of the car with tesco mastercard, I provided the evidence and successfully received a chargeback for the deposit (£3000 out of £8700).

The dealer has not challenged the chargeback after 45 days.

I have asked the dealer to refund me the remaining amount and that said I will make the car available for them but I have not had a response for over 30 days.

Who owns the car? Am I free to sell it?

Thank you for your advice.
cd87

[des8]

Re: Chargeback for deposit on car... who owns it now?

Hi and welcome.

How did you pay the balance of £5700?
Did you tell the dealer after he changed the tyres that you were rejecting the vehicle?

In any event you are not free to sell it... yet.

[cd87]

Re: Chargeback for deposit on car... who owns it now?

I bought the remainder on finance but paid it off the next day on the same credit card that I paid for the deposit.

The finance company see this as withdrawal from the agreement as it was within 14 days and so want nothing to do with it.

[paulajayne]

Re: Chargeback for deposit on car... who owns it now?

Did you tell the dealer your were rejecting the car?

[des8]

Re: Chargeback for deposit on car... who owns it now?

If you paid the deposit with a credit card, the card issuer is liable for the whole of the purchase price as they are "jointly and severally" liable with the trader.
Make a section 75 claim against the card issuer http://www.legalbeagles.info/forums/...009#post627009

Was the card a CREDIT card or DEBIT card?