Car problem: Part ex return

vax2002

I suggest you get the bank to look in to the unauthorised payment and tell the finance company to get lost.
the car ran when you took it in, they had every opportunity to have a mechanic inspect it.
Dont sign the V5 and let them dump it where they want.

vaio

davepin wrote: »

.......I did go into the garage as it's down the road from me. They told me at the time that changing the fluid may resolve the issue or change the gearbox if it continued. This was some time ago that it happened. The garage told the company that "I could continue driving it" or replace the gearbox. ......

That sounds like you knew the gearbox had a fault so the next question is what representations/answers did you make or give to the garage?

The general rule is that as a private seller you aren’t obliged to volunteer anything but anything you do volunteer or any answers you give to questions must be truthful

davepin

I feel I have been truthful in my answers. I am still unsure who is the current legal owner of the car.
The V5 has been signed and sent off to the DVLA (so as far as I thought they now become the legal owner). The car is with them about to be dumped outside my house in the next few day and they said they would post the keys through my letterbox and documentation. I haven't signed any transfer documentation to return the car back to me.

vaio

Assuming it was properly documented when you part ex’d it then they own it and will continue to do so until you either agree to accept it back or a court orders you to do so.

Note, the V5 is not ownership, it's registered keeper. Ownership is evidenced by the bill of sale/invoice/receipt you got when you handed it over.