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Problems with new car purchase..... Reg Docs.... dodgy dealer!

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  • I have just come across this article in the Telegraph from the Honest John's agony column, thought it would be of interest, Good Luck!


    Form guide
    My wife has just purchased a pre-registered Nissan Micra from a main dealership. All was well until she asked for the "new keeper supplement". The salesman informed her that they would be keeping the V5C registration "for six months". This was later modified to "the end of next month". Either way, my wife has not had the car transferred to her as the registered keeper - even though she manifestly is. Upon raising the question of the legality, or otherwise, of this arrangement with the DVLA, I received the following reply: "The DVLA is aware of the issue of dealers pre-registering vehicles and retaining the V5C once the vehicle has been sold on. The motor trade is aware it is a legal requirement for a vehicle keeper, in this instance the dealer, to notify the DVLA when a vehicle is sold. The DVLA is currently working with the Office of Fair Trading and the motor industry to resolve the problem." I was advised to apply for a registration document using form V62, but warned about the associated £25 fee. What is there to resolve? Dealers who do this are breaking the law and, seemingly, getting away with it.
    S.R., High Wycombe
    • It's a grey area. The dealers have obtained these cars at fleet discounts, a term of which is that they or a fleet must remain registered owners of the cars for a certain fixed period. They should explain this to customers and, possibly, come to an arrangement whereby the car is leased to the customer for the period, after which keepership transfers. But they don't. And they lie about it. This might also have insurance implications. Since keepership has not been transferred, you would be entitled in law to return the car for a full cash refund - the dealer is fundamentally in breach of contract because he has not legally supplied you with ownership of the car.
  • guv69
    guv69 Posts: 38 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    edited 4 December 2009 at 9:16AM
    Many thanks for that Travis72.

    Its an interesting thought!

    The DVLA, without the V5 notification can basically say no sale has taken place. My money was used to purchase a car. The two are at odds with each other!

    At the point of sale, they claim the cars are basically from dealers over orders which they've been unable to sell. The fact they aren't even upfront on this part should highlight they are very underhand and wish to avoid being truthful.

    Now its pretty obvious it isn't "dealers" at all - just a dodgy source who have hoodwinked the manufacturer into giving them preferential rates with dishonest intentions.
  • guv69
    guv69 Posts: 38 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    Hintza wrote: »
    Persistence_Poster_Product.jpg


    Hmmm. I guess that was a little tongue in cheek pop! But on with that theme...............


    Today I spoke again with my insurance company. After speaking with the underwriters, they have agreed to the V5 doc being held in another name without affecting anything.

    On the seller, buyacar.co.uk, I believe they wont like the next bit. I had another call from the manufacturer. I mentioned that I'd said this mob are effectively obtaining discounts fraudulently and asked if they were happy with their losses!

    The call was asking if I was ok for my personal details be used in uncoverring this little scam "with the objective to close the loop and get the customer his V5". Good news indeed. I'd imagine the smug guy in charge won't be so smug shortly.

    Persistance is not futile!:beer:
  • neilmcl
    neilmcl Posts: 19,460 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I'd imagine buyacar will just end up losing their lucrative fleet discount, the real one in trouble is likely to be the dealership supplying them. At best they'll get a slap on the wrist and maybe a restriction in preferential terms, at worst they may end up losing their franchise.

    Incidentally you never mentioned what make and model did you get?
  • OP - it is an offence for the dealer to hold onto the V5C.

    You should apply on the V62 form to become the keeper. It will cost £25, unless they gave you the green new keeper's supplement V5C/2. If you have this, send it with it and it's free.

    The process is as you were advised, DVLA will write to the 'registered keeper' to see if they have any objection to a new keeper taking over the keepership of the vehicle by asking if they have the vehicle in their possession. If the dealer responds yes then DVLA will do further checks. This will include checking with you that you have quoted the correct reg mark etc. If at that point both parties are still claiming to have the vehicle then they will invite you both to bring the vehicle for an inspection at one of the local DVLA offices. Obviously only one party (you) will be able to bring the car so they will then issue you with the V5C.

    Hopefully it won't come to this as it can be a lenthy procedure, I'm talking months, but as long as you have the vehicle in your possession you will eventually get the V5C. I'm ex-DVLA that's how I know the process.

    HTH

    x
    * Rainbow baby boy born 9th August 2016 *

    * Slimming World follower (I breastfeed so get 6 hex's!) *
  • guv69
    guv69 Posts: 38 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    edited 4 December 2009 at 9:18PM
    neilmcl wrote: »
    I'd imagine buyacar will just end up losing their lucrative fleet discount, the real one in trouble is likely to be the dealership supplying them. At best they'll get a slap on the wrist and maybe a restriction in preferential terms, at worst they may end up losing their franchise.

    Incidentally you never mentioned what make and model did you get?

    Well all is not won yet, but it does look very promising. You're correct that Buyacar.co.uk will probably just end up losing a supplier. I'm quite sure there are lots out there. The more I think about it, I do think they were bought as lease hire rather than a demo, so its likely not a dealership with a forecourt.

    Car is a Hyundai i30 1.6 CRDi Premium. :beer:
    OP - it is an offence for the dealer to hold onto the V5C.

    You should apply on the V62 form to become the keeper. It will cost £25, unless they gave you the green new keeper's supplement V5C/2. If you have this, send it with it and it's free.

    The process is as you were advised, DVLA will write to the 'registered keeper' to see if they have any objection to a new keeper taking over the keepership of the vehicle by asking if they have the vehicle in their possession. If the dealer responds yes then DVLA will do further checks. This will include checking with you that you have quoted the correct reg mark etc. If at that point both parties are still claiming to have the vehicle then they will invite you both to bring the vehicle for an inspection at one of the local DVLA offices. Obviously only one party (you) will be able to bring the car so they will then issue you with the V5C.

    Hopefully it won't come to this as it can be a lenthy procedure, I'm talking months, but as long as you have the vehicle in your possession you will eventually get the V5C. I'm ex-DVLA that's how I know the process.

    It does help, thank you. If I had seen this yesterday, the V62 and payment would already be in the post. Todays news regarding my insurance and the the fact I'm likely to get the V5 sooner rather than later means I'll hang fire for a few days and wait to see what develops. It would actually feel more of a victory if it came without the DVLA being involved. I say that purely because it would feel more of a moral victory that way. But if not.... any way to get it is cool.:j

    I will add though that he claims they are within their rights because I signed something saying they could keep it for 6 months. They is something that says "they may retain it for a period", but nowhere says 6 months and they certainly didnt say it. (Quite the contrary - when I called on Wednesday, they quoted me 1 month!)
  • neilmcl
    neilmcl Posts: 19,460 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    guv69 wrote: »
    Car is a Hyundai i30 1.6 CRDi Premium. :beer:
    Perhaps I shouldn't have asked. ;)
  • guv69
    guv69 Posts: 38 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    neilmcl wrote: »
    Perhaps I shouldn't have asked. ;)

    LOL..... Its the first Korean car that Top gear have given a good review on!

    I like it anyway.:j
  • neilmcl
    neilmcl Posts: 19,460 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    In that case maybe you should have gone for a Dacia Sandero :rotfl:
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