Refund Offered but Dealer wont pay up

[feelingrobbed]

Hi All,

Apologies for the lack of introduction, but I am really in need of help. I bought a motorcycle from a dealer advertised on ebay classifieds in August 2011. I transferred the money into their account though, not via ebay. The bike had many issues and after a lot of discussion and through a mediator which the dealer involved, they agreed to refund me the cost of the bike. This was in October 2011. We are now in February and after constantly writing to and phoning them they keep giving me the brush off. they keep saying they will pay but it has been 4 months and they still haven't refunded my money. They currently have the bike but i have the keys and the v5 as i wont hand it over until they refund me. Otherwise they will have my money, the bike and the title. I did write to them saying i would take court action but then they threatened me with £15 a day storage charges if i did that. So i am extremley frustrated and have no idea what course of action to take. Any help would be greatly appreciated.

[silverfox1961]

Hi and welcome to CAG

 

Do you have this agreement in writing?

 

If so, a 7 day letter before action is what is needed and if they still refuse. Sue

 

I don't think they have a chance with the £15 per day storage fee. That (to me ) is a scare tactic

[Conniff]

Don't talk to them on the phone - only correspond by letter so if this should go to court, you have copies of everything to show the judge.

 

You say you have told them you will go to court, why haven't you, it's no good threatening them and not doing it, small claims costs not a lot and you get it back when you win.

[feelingrobbed]

thanks for the welcome and the replies. They agreed the refund in writing by email and then did nothing so after about 4 weeks i chased them up and got this response.

 

Subject: RE: GSXR1100 refund

Date: Wed, 2 Nov 2011 11:42:38 +0000

From: xxxxxxx

To: xxxx

 

Dear Mr xxxxx

Without admitting any liability and as a gesture of goodwill this has now been passed by our accountants for payment. £2350 for the GSXR and will be credited to your bank account within 7-10 working days. As we had to bear the full cost of arranging pickup and return of your vehicle we are not in a position to refund any costs incurred by yourself in relation to servicing of your vehicle.

 

___________________________

 

I didn't tale them to court because i don't understand how to go about it.

[silverfox1961]

You have that in writing and by holding on to the keys makes no difference now. Is that why they are reluctant to refund you?

[feelingrobbed]

they have never requested the keys or the v5. I am very reluctant to give these to them. based on their tactics i feel it is the only security i have.

[Conniff]

It can all be done on line - https://www.moneyclaim.gov.uk/web/mcol/welcome

[feelingrobbed]

Brilliant. Thanks for that. i'll give it a bash and let you know how i get on