Mis-selling a car on the new VED

Looking to buy an ex-demo car, registered July 2017 I asked several times that the car list price is less than £40K as I don't wish to pay the additional road tax. However, although having assurances from the sales team that it is less than £40K I am still not convinced. I have not been shown any documentation.
I checked with the DVLA using the number plate and it indicates that the additional VED applies. Is this miss-selling? How would I get evidence when I need to buy road tax next year if this is the case?
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Comments

  • Herzlos
    Herzlos Posts: 14,685 Forumite
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    Have you asked them what the VED is, rather than the list price?

    You'll need to buy the road tax when you buy it, so potentially you can tax it before you pay the balance, and show them the tax at the time. The banding is presumably on the V5 somewhere, too. So you can safely ignore the dealer and look for it in black and white.

    How much is it going to affect your decision? Assume it's the higher band.
  • System
    System Posts: 178,093 Community Admin
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    Doesn't whether it comes into the bracket get decided by the manufacturer's stated RRP rather than what the actual sale price when you do a deal is? It seems to me it would be an administrative nightmare from DVLA's point of view to do the latter. I would also suspect that for a pre-reg car that when deciding its VED bracket it is based on the RRP, not the trade price the dealership would have paid at that point in time.
  • I'll ask them what the VED is and try that tact. As it is from the main dealer they can buy the VED rather than buying it myself (as would do for a private sale). As far as I can tell the first year is calculated on emissions, its years 2-6 that the additional tax applies.

    "The law defines it as the cars list price. The list price is the price of the car before the ‘on-the-road’ charges are added, such as a delivery charge, new vehicle registration fee, number plates and fuel"

    When I calculated it myself it is £40,040.
  • The VED is based on published RRP the dealer wont be able to change that.
  • daveyjp
    daveyjp Posts: 12,510 Forumite
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    The tax due is whatever is on the V5c (and you state you have checked this via the DVLA website and extra is payable). You need not concern yourself with how this is calculated.

    If you are happy with the figure buy the car, if not walk.
  • MEM62
    MEM62 Posts: 4,746 Forumite
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    edited 12 October 2017 at 2:55PM
    CateO wrote: »
    Is this miss-selling?

    Probably the most mis-used phrase on these forums. Miss selling applies to certain financial products. You cannot be 'mis sold' a car.

    Do not expect a car salesman to be honest. They are not subject to the same checks and balances or regulation as people selling in the financial sector. You have already done you own research and you know what the VED situation is. A car dealer will give you all sorts of BS to sell a car. Is that unethical- yes. Is it mis selling - no!
  • Joe_Horner
    Joe_Horner Posts: 4,895 Forumite
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    edited 12 October 2017 at 2:28PM
    MEM62 wrote: »
    Probably the most miss-used phrase on these forums. Miss selling applies to certain financial products. You cannot be 'miss sold' a car.

    Not sure "Mis-selling" is actually defined at all. It seems to have appeared as a phrase over the past 10 years or so as a polite way of saying "fraudulently sold" in the dame way as MPs "mis-speak" rather than lying. The fact it was introduced in relation to financial products doesn't preclude its use elsewhere, such as misrepresenting the VED situation of a car to gain a sale!

    That said, OP, there's no mis-selling here because nothing's been sold yet. You're aware of the issue before committing to buy, so going ahead then claiming the information you knew was wrong as a material factor in the decision would be dishonest and, potentially, fraudulent yourself if you tried to claim anything for it!
  • jimjames
    jimjames Posts: 17,596 Forumite
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    CateO wrote: »
    I'll ask them what the VED is and try that tact. As it is from the main dealer they can buy the VED rather than buying it myself (as would do for a private sale).

    Won't the dealer just have to give you the money as it's not new? I thought you'd still need to do the tax yourself via DVLA
    Remember the saying: if it looks too good to be true it almost certainly is.
  • Update I've been back in contact with the dealership stating that I had concerns that the car was over the threshold, and that I had checked this with the DVLA. Result is that rather sheepishly they admitted that it was over the threshold. At least now I can make an informed decision to part with the money or not. But it is my choice and not being miss-informed.

    Isn't there a difference of not giving you the information and an incorrect answer to a directly asked question. I work in a highly regulated industry and those that lie to a government inspector can be prosecuted (fines and prison sentence) so why is it permissible in retailing?
  • MEM62
    MEM62 Posts: 4,746 Forumite
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    edited 12 October 2017 at 3:08PM
    Joe_Horner wrote: »
    Not sure "Mis-selling" is actually defined at all. It seems to have appeared as a phrase over the past 10 years or so as a polite way of saying "fraudulently sold" in the dame way as MPs "mis-speak" rather than lying. The fact it was introduced in relation to financial products doesn't preclude its use elsewhere, such as misrepresenting the VED situation of a car to gain a sale!

    You are absolutely right, it is not defined. However, when used in the context of these forums many posters appear to be under the belief that if they can label something as miss-sold then they are entitled to the similar redress as would be the applied to certain financial products. (ie That the successful classification as mis-sold is a golden ticket to a refund and/or financial compensation) In most cases there is no mis-selling involved - only mis buying resulting in buyers remorse which posters then seek to address by attaching the term mis-sold to their purchase.

    And in respect of vehicle purchases in particular, only the most naïve of individuals would ever take what they are told by a car salesman as gospel.
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