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JimLawyer
JimLawyer, Solicitor
Category: Law
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Experience:  Senior Associate Solicitor
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I have a consumer dispute which is not the usual, in Devon.

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Hi. I have a consumer dispute which is not the usual
JA: What state are you in? And is a local attorney or other consumer protection advocate helping with this?
Customer: in Devon. no
JA: What steps have you taken so far?
Customer: Will give you the details
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Bought a car in September 2019. It was delivered in an unroadworhty and dangerous condition. Raised a dispure with the trader, and offered repairs. He refused. I rejected the vehcile within a few days of the delivery. The dealer refused to then communicate either via email, Whatsapp or letter. I had purchased the car on credit card, so raised a section 75 dispute. The credit card company tried to contact the dealer and gave them 45 days to raise a dispute on the transaction. The dealer did not and so the credit card company took the £5200 back and refunded it to me.

Hello, this is Jim and I am a dual-qualified lawyer (UK and Republic of Ireland) and happy to help you today.

 

It is a good result from the credit card company. What would you like to know?

 

Customer: replied 7 days ago.
The car is still on my driveway for 3.5 months now. I want to get rid of it as its causing me a major inconvenience. But the credit card company says it now belongs to the dealer as they ahd the money back. I have had my money back, except the dealer owes me compensation for my costs. The dealer is just ignoring my emails, messages and letters. How can i get rid of this car as its causing issue with my wifes child minding business clients as wwell as my family members
Customer: replied 7 days ago.
The car is too dangerous to drive, has no insurance and is SORN. in theory it belongs to the dealer but I cannot keept it blocking my driveway indefinitely

OK, so you can arrange for the vehicle to be collected and dropped off - there are vehicle couriers you can use and you add their fee on to what the dealer owes you. You should give the dealer say 24 or 48 hours to arrange collection before you do this so you put them on notice of your intention to arrange a courier to deliver their vehicle back to them.

Once you have done that you can sue for your losses on the money claim website, which is http://www.moneyclaim.gov.uk

Your other option is to write to the dealer, with a letter before claim (see attached), give them 14 days to arrange collection failing which you will scrap the vehicle and then pursue the dealer for your losses.

Customer: replied 7 days ago.
i could do that but it will cost me about £600 from Newton Abbot Devon to Aberdeen. then there is no gurantee he will actually accept the vehicle. so then I would have to pay for the return.
Customer: replied 7 days ago.
I have written to the dealer 3 times to tell them I am going to get rid if it. no reply

The vehicle is not your property, so is currently trespassing on your property now. Another option is to ring the Police on the 101 number to tell them the vehicle is not yours and is causing an obstruction. The local council can also be contacted - they may be able to remove it.

Let me know if you have any other queries - I am happy to assist.

I hope this helps – if you can please give a positive rating by clicking 5 stars (at the top of your screen), I can answer any follow up questions at no extra charge and I will be credited for helping you today.

Many thanks,

Jim


JimLawyer and 3 other Law Specialists are ready to help you
Customer: replied 7 days ago.
the V5 is still in my name. should I change this with the DVLA to the trader?

The V5 is just who is the registered keeper, so yes, put in the trader's details, sign the V5 and post back to DVLA