Chargeback for a Dodgy car successful What to do with the vehicle??

[jasonleah1]

Hello everyone.

Back in May of this year I purchased a Subaru Impreza Sti, from a garage and had nothing but problems with the car from day one. I offered the garage chance to rectify issues / refund which the declined on both counts... Anyhow after numerous calls, texts, letters (sent recorded) and emails, None of which were answered, I had had enough so I contacted my credit card company as I paid with my credit card then transferred cash and paid my bill when I got home as I didn't feel safe carrying that much cash with me! They agreed to help I wanted to do a section 75 at first but was talked into trying a chargeback first, as this doesn't hold the CC company responsible, Anyhow I had to wait my statutory 45 days and won the chargeback, I also claimed a section 75 for all of the costs I had to incur to rectify the vehicle to make it roadworthy again and this has also been successful and all monies have now been returned to me... I am a happy bunny! However this is where I am stuck. The seller not once answered any of my requests, nor any of the requests from my CC company, I contacted the seller again two weeks ago requesting he come and collect the car as I had been fully refunded, but he must seem to think that I am pulling his leg as he still refuses to answer anything. Again texts, letters and emails! I know his number still works as I got a friend to call him about some of the other vehicles he has for sale! surely he has to know the cash has now gone from his account?? In my letter/ Email I stated I wanted the car collecting within 7 days, They are now up and don't know what I am legally allowed to do. The car is obviously in my name and insured and taxed by myself and is sitting on my driveway. I have contacted Police who said it is a civil matter and that I "couldn't make him collect his car" I said I would just park it on the road and cancel my insurance and they informed me I am still held liable as it is still in my name and therefor my car and any fines etc would come back to me!! CAB and Trading standards have never heard of anything like it and can really only offer help of how to get money back which I have already done and Dvla state I can not put the car back into his name without his signature otherwise it is fraud?? and solicitor has told me to give seller fair warning of my intentions and to scrap the car. I couldn't possible scrap the car at it is worth about £8000 and far too good to just scrap. I have been trawling the internet and can find no definitive answer as to what I should do. I know if the shoe was on the other foot and I had just lost £8k I would be chasing up the collection of my car, he either has for too much money and hasn't noticed or just doesn't want the car back due to the issues it had! P.s car isn't stolen or written off as the CAB thought it might be! or anything dodgy as I paid for a full HPI reprt on the vehicle... Any help or info would be greatly appreciated before I just start using my free car again. Jason..

[des8]

Re: Chargeback for a Dodgy car successful What to do with the vehicle??

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: Chargeback for a Dodgy car successful What to do with the vehicle??

Well for now I've written to the credit card comoany asking for confirmation of their view re returning the car, as to date I've only had this verbally from them. From there I will write to the garage and offer them 2 weeks to collect the vehicle.

[yorkshire]

Re: Chargeback for a Dodgy car successful What to do with the vehicle??

Garage confirmed I need to offer 14 days, so letter sent to the garage today. Will update if I get a response! If not it will be decision time on what to do with the car, using a legal scrapper who collects or selling to we buy any car with no MOT most likely as this would ensure the V5 documentation is transferred and I'm rid of the car asap to prevent incurring further costs.

[jasonleah1]

Re: Chargeback for a Dodgy car successful What to do with the vehicle??

Thanks des8, I have done exactly what you posted. Sent letter recorded again although I still dont expect any kind of reply. I managed to speak to the garage after I rang them from another number enquiring about another car and they were more than happy to discuss the other car until I mentioned who i was then all of a sudden he was very busy and said he would call back. I was told by CAB that even if the car only sells for half of ots value providing I keep all proof and invoices from the auction house this is all he is entitled to if he makes a claim... is this correct?

[des8]

Re: Chargeback for a Dodgy car successful What to do with the vehicle??

Basically CAB advice is correct.
As an involuntary bailee disposing of the goods, you should attempt to obtain market value.
The easiest way of obtaining this is via a no reserve auction, and let it find its own value.
You could use either a terrestrial or online auction.
Your costs may be deducted from the proceeds, which you should retain in case the dealer comes looking!
Also of course you need to retain the records

If perchance it doesn't sell, scrap it as it obviously has no value.