Section 75 claim for used car - success! now what do with the vehicle?

[yorkshire]

Hi, I am looking for advice following a recent successful Section 75 claim I made against my credit card provider.

In summary I bought a used car and within a day of collecting it noticed faults with. It had a warranty and the garage attempted to repair it, but did not to a satisfactory quality - it then failed its MOT directly relating to one of those faults. The garage then refused to do anything else, so I went down the S75 route - 10 weeks later I've had confirmation it was a successful claim and I will refunded for the full amount.

The credit card company have advised they do not want the car and didn't give much advice on what the legal position now is in regards to the car. I purchased it in April so naturally its all registered in my name on the V5.

Where do I stand legally? The credit card provider have refunded the money, not the garage, so arguably does the garage have the right to demand the car back?

I have no where to store the car off the road, so I am paying for insurance and tax on it, and bought another vehicle while the claim was in progress (so paying two lots of tax/insurance). So ideally I want rid of it ASAP, can I sell it for scrap or spares/repairs or do I need to offer the credit car provider or the garage 14 days to recover the car?

Any advice or links to similar scenarios/case law greatly appreciated.

I've done a good search of the forum and can't find any similar examples...

[EXC]

Re: Section 75 claim for used car - success! now what do with the vehicle?

You need to hang on to the car until you actually receive the money. Although the card company have told you that they've found in your favour, there is a period in which the supplier can challenge the decision. I don't know if that's been reached yet. When you've got the money contact the garage and tell them their car is ready for collection.

[yorkshire]

Re: Section 75 claim for used car - success! now what do with the vehicle?

Thanks EXC. The credit card company didn't mention any consultation with the garage, only that I'd have the money within 5 days without fail - so I'll assume it hasn't been challenged. Agreed won't do anything until I have the money.

[EXC]

Re: Section 75 claim for used car - success! now what do with the vehicle?

Thanks EXC. The credit card company didn't mention any consultation with the garage, only that I'd have the money within 5 days without fail - so I'll assume it hasn't been challenged. Agreed won't do anything until I have the money.

I believe that the card co have to inform the supplier of their initial decision and give them a period in which to make a representation. Whether that point has been reached/passed we don't know. So you'd be wise to hang on.

[jasonleah1]

Re: Section 75 claim for used car - success! now what do with the vehicle?

You have to wait 45 days for them to Represent after that it is plain sailing.... I know as I have just gone through the exact same thing but my cash is safely in my bank!! Good luck!

[yorkshire]

Re: Section 75 claim for used car - success! now what do with the vehicle?

Thanks Jason, any more info on what you did would be appreciated.

The credit card company have paid up!! They paid it onto my card, so Ive requested the money be transferred into my bank account.

At what point does the count start for 45days? Any links to where this is documented?

[yorkshire]

Re: Section 75 claim for used car - success! now what do with the vehicle?

Did you end up with a vehicle to dispose of Jason?

[Kati]

Re: Section 75 claim for used car - success! now what do with the vehicle?

Thanks Jason, any more info on what you did would be appreciated.

The credit card company have paid up!! They paid it onto my card, so Ive requested the money be transferred into my bank account.

At what point does the count start for 45days? Any links to where this is documented?

Did you end up with a vehicle to dispose of Jason?

:bump: for [MENTION=72416]jasonleah1[/MENTION]

[jasonleah1]

Re: Section 75 claim for used car - success! now what do with the vehicle?

The 45 days start when the credit company take up your case and inform you, This info is on the credit card website and on any consumer sites. What info do you want?? and yes I still have my car and have no idea what to do with it as the garage are refusing to respond my any of my texts, calls, emails letters. Trading standards, CAB, Police & Solicitors aren't really much help either. I actually turned here for help myself!! and saw this post!

- - - Updated - - -

My credit company said to do one of two things with it, one was to continue using the car and the other was to just scrap it!! after giving fair warning.

[yorkshire]

Re: Section 75 claim for used car - success! now what do with the vehicle?

Thanks Jason. Sounds like we're in a similar position then, it has been over 45 days which I guess is why the credit card company has now paid out. Their advice was to give the garage 14 days to collect it, then scrap or sell it.

I'm going to push for a written response from the credit card company as I was expecting them to take the car given they're out of pocket.

[jasonleah1]

Re: Section 75 claim for used car - success! now what do with the vehicle?

I take it that they haven't contacted you regarding this matter then?? Make sure you send any letters recorded / signed delivery. I have done the same and I gave them 7 days but to no avail. I thought like you that being £8k out of pocket they would have chased their car, but nothing at all!! Keep me posted on as to what happens please..

- - - Updated - - -

The only thing different is that you did a section 75 and I did a Chargeback but with the same outcome!! Oh well, People shouldn't sell inferior cars, Or at the very least buck up on their customer support..

[des8]

Re: Section 75 claim for used car - success! now what do with the vehicle?

As I posted on Jason's thread:
Basically you are an "involuntary bailee"!!

You may dispose of the vehicle, but only after you have followed the procedures of "Torts (Interference with Goods) Act 1977.
You need to write (recorded delivery) telling the dealer where the car is, how long you will hold it before disposal (14 days?) and how to contact you.

If they don't contact you or collect the vehicle you can dispose of it.
However if it has value they can sue you for compensation .
So suggest, if they don't collect it, you auction it (online or British Car Auctions) and keep the proceeds for 6 years, just in case they pop up in the future.

[yorkshire]

Re: Section 75 claim for used car - success! now what do with the vehicle?

Thanks. I've confirmed with my credit card supplier who also advised I need to offer the garage 14 days to recover the vehicle. Letter sent today.... So I'll keep you posted!

- - - Updated - - -

Have looked into disposing options should it come to it....a number of legitimate scrappers will collect or I could trailer it to Webuyanycar who would still be a reasonable amount even with its issues and no MOT. Both options would result in the v5 documentation being transferred and seem the quickest route to get rid of it and therefore cease the ongoing cost to me.

[jasonleah1]

Re: Section 75 claim for used car - success! now what do with the vehicle?

Likewise. I sent mine recorded delivery like I did with all af my letters to him and now I am just waiting for the 14 days to be up. I will be taking the car to my local auction house and keeping all documentation and paperwork regarding the sale so if he tries to claim back any money through the courts I will be ready. If it doesn't sell there then it will go onto an online auction.. I checked online today and he has signed for the letter again like he has done with all previous correspondence. Its just baffling as to why these people do not want their vehicles back. I dont know about you but if someone did a chargeback or section 75 and I was out of pocket by £8k I would have sought my vehicles return straight away!. I just want my the car out of my name now and gone.

[yorkshire]

Re: Section 75 claim for used car - success! now what do with the vehicle?

Agreed Jason, sounds like we're pretty much in the same boat now. Yeah exactly, my purchase was for a similar amount so we'll see what response I get to my letter.