Brand new car? Nightmare!!

MissDade

New Member
May 31, 2009
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Last May(08) my partner bought me a brand new car. It arrived mid June at our home on a transporter,gleaming a real bobby dazzler. I insured the car stating my partner as the registered owner as he is the one who purchased it on finance and he was told the V5 would be in his name. We did not receive a V5 and now I cannot tax the car. The finance people say that they are unable to contact the dealer and the dealers web-site is no longer available. I did a registration check on the DVLA site and the car details seem correct. Does that mean that my car is registered with them? If so why haven't I received a car tax reminder. Who registers a new car? Isn't the dealer suppose to. Please note that this was sold as brand new and not pre-registered. Does anyone have any idea what our legal standing is in a situation like this. Cheers
 

MissDade

New Member
May 31, 2009
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Spoken to DVLA who can't tell me who the car is registered to, but they did say 'it's not us'. They also told me to not worry about the car not being taxed as we are not liable because legally we don't own it. Out of conscience we have put it off road but I am so angry. The finance company suggest we get a duplicate V5 at our cost. Why?
What gets me is the car has been registered by someone else and that would make us 2nd keepers even if it was sorted out. My partner has paid out £5000so far in deposit and monthly payments and all we've got is someone elses car thats not taxed and not insured. It seems that without being the registered keeper we have no cover and although I bought insurance in good faith stating my partner as the owner it turns out that he's not. Gggrrrrrrrr
 

Tony

What Consumer Founder
Apr 7, 2008
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Bolton
Thanks for the update. You should tell the finance company that the are equally liable for this under Section 75 of the Consumer Credit Act and they should sort it out. Try to get your local trading standards office to help you with this

Tony
 

MissDade

New Member
May 31, 2009
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It would appear that the finance company dont seem to have ownership of the car and are trying to trace the person who has registered the vehicle. Does anyone know how this affects the condition, within the contract, that the car belongs to the finance company until all payments have been recieved? Also what is the likelyhood of this other person trying to take the car ? Not that I will tell him where it is stored.:confused::confused:
 

Tony

What Consumer Founder
Apr 7, 2008
18,307
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Bolton
The finance company is equally liable under section 75 of the Consumer Credit Act. It is as if you bought it from them - Consumer Credit Act and Your Consumer Rights | Consumer Information

You statutory rights have been breached:

The seller has the right to sell

So what precisely are your statutory rights when you make a purchase? Firstly, you should expect the seller to have the right to sell the item and to be able to transfer full ownership to you. Seems an obvious point really. A second hand car dealer who sells you a stolen car does not have the right to sell that car and you would not take ownership of it, even though you have handed over the money. If the item is not owned by the seller, or the seller has not been given permission to sell the item, the contract is immediately invalidated - and you will own nothing.
It sounds like you contract is invalidated and you should be returned to the position you were in before i.e. insurance costs, money paid thus far etc and agreement cancelled. The finance company is liable, but you really need to get advice and help from Trading Standards as the finance company will probably need some prodding.

Tony
 

MissDade

New Member
May 31, 2009
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Thank You So Much Tony! I have emailled Trading Standards and await their reply. You have been so helpful :)
 

Tony

What Consumer Founder
Apr 7, 2008
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The other thing is - this might be a criminal matter, so you could have a chat with the police. Just a thought.

Tony
 

MissDade

New Member
May 31, 2009
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I have spoken to a solicitor today and basically he said that I 'didn't have a hope of getting anywhere with this. I managed to speak to the dealer who was the person who initiated the internet sale and arranged the finance for me. His car business has been dissolved he is now into property management. He gave me the name of the guy who has registered the car at the DVLA. He also suggested I just apply for a V5 declaring that I had never received the document.
I decided to check this other guy out only to find that he too has gone 'bust'. Strangely I then notice that this guy's business name is written on the delivery sheet that we received with the car, as being the customer to whom the car is being delivered c/o our home address. This is the only receipt I have but full details of the car including vin number are on my finance agreement. (sorry this is so long winded and confusing)
I am wondering if anyone might know if this is sufficient to substantite our ownership.