Money Claim Online - dealership - who do I go after?
Money Claim Online - dealership - who do I go after?
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Discussion

Dog Star

Original Poster:

17,325 posts

191 months

Yesterday (08:51)
quotequote all
Bit of background - I got a used car from a marque-specific main dealer back on the 7th.

I was trading my old car in and had taken my plate off several days before, but due to the state of the post office these days the replacement V5 for my trade-in didn’t arrive in time for new car collection day.

This meant that when I traded my car in I left them a £500 deposit to be refunded when they got the V5, which actually arrived that day so they were emailed with the reference number and on Monday the physical V5 was mailed to them, recorded delivery. So they got this and I’ve email acknowledgments.

Now we get to the annoying bit. This £500 refund simply isn’t happening. It’s “tomorrow”, there was a system issue, the finance dept is doing it - all the stuff you’d expect off some back street dealer.

So far I’ve been very patient - the whole sales process was brilliant, as is the car, and I don’t want to go causing bother, but I’m now beginning to think I’m having the mickey taken.

So the point of all of the above - I’m considering doing a MCOL but obviously I need to know who to “serve” it to. It’s a franchise, huge group with lots of dealerships.

Any advice?

Plus4Four#

129 posts

4 months

Yesterday (09:19)
quotequote all
Phone to say you are coming to collect the refund. Date/time. Take the evidence you need. Cash preferred. Any issues on that day kick up a fuss and say you are staying while someone gets the cash.
Be polite but firm. Take a "letter before action" in case it's needed due to no cash forthcoming stating a time limit for refund before legal action will commence.

Dog Star

Original Poster:

17,325 posts

191 months

Yesterday (09:22)
quotequote all
[quote=Plus4Four#]Phone to say you are coming to collect the refund. Date/time. Take the evidence you need. Cash preferred. Any issues on that day kick up a fuss and say you are staying while someone gets the cash.
Be polite but firm. Take a "letter before action" in case it's needed due to no cash forthcoming stating a time limit for refund before legal action will commence.
[/quote]

I forgot to mention - the dealership is 250miles away, so any ideas that involve me going to see them aren’t going to fly.

Subterra

2 posts

1 month

Yesterday (09:27)
quotequote all
Go and park in their access road on the property and tell them it's not moving until they weigh you in by immediate bank transfer.
They might call plod, but it's civil matter they won't get involved so as long as your are polite and not causing a row.

carl_w

10,447 posts

281 months

Yesterday (09:29)
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How did you pay the £500? Cash, debit card, credit card, bank transfer?

E-bmw

12,301 posts

175 months

Yesterday (09:32)
quotequote all
Phone up, speak to the actual salesman that did the deal, get them to put you through to & name the actual person who will be dealing with this.

State categorically that they have 7 days to comply and if that doesn't work then as above "letter before action" is the way forward. IMHO.

QBee

22,131 posts

167 months

Yesterday (09:44)
quotequote all
E-bmw said:
Phone up, speak to the actual salesman that did the deal, get them to put you through to & name the actual person who will be dealing with this.

State categorically that they have 7 days to comply and if that doesn't work then as above "letter before action" is the way forward. IMHO.
..... and you might consider warning them that failure to pay in 7 days will result in their appalling behaviour being publicised all over the internet as well as to the manufacturer of said car.

TonyF1

224 posts

75 months

Yesterday (17:14)
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Go straight to the CEO and ask if they could help get the issue sorted. Done it myself over an issue with a new car and sorted next day.

Sir Bagalot

6,886 posts

204 months

Yesterday (21:10)
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If you have already tried several times then simply a letter before action to the CEO of that branch. Give them 14 days to refund or you will start MCOL.

14 days later then go online and start proceedings

BertBert

20,921 posts

234 months

Yesterday (22:08)
quotequote all
Sir Bagalot said:
If you have already tried several times then simply a letter before action to the CEO of that branch. Give them 14 days to refund or you will start MCOL.

14 days later then go online and start proceedings
But the OP is right. you need to work out an entity to serve the action against. A LBA to "CEO c/o branch address" might be ok, but the contracting entity is required for MCOL action. Who did you contract with OP?