Dealer asked for new logbook and I bought the car before he received it

sush40
sush40 Posts: 89 Forumite
Part of the Furniture 10 Posts Combo Breaker
Hi,

I recently bought a car from a dealer with no logbook (not even the green slip bit).

When I went to see the car and asked about the logbook, the dealer told me they asked the DVLA for a duplicate (V62 form and they paid the £25 fee) so the new buyer wouldn't have to do the procedure.
They told me they would send it to me as soon as they receive the new logbook, so we can transfer the name of the keeper with the DVLA.

I knew this was a bit risky, but after doing an HPI check and after checking if all the paperwork was there (MOT certificate, service history, bills), I decided to pay for the car. I signed the contract with the dealer and made sureI got a receipt.

Now my situation is, I'm the owner of the car, but I'm still not registered with the DVLA (not the keeper yet).
I'm not in the case where Im waiting for the DVLA to send the logbook with my name on it, because the garage asked for the car's logbook before I even bought it.
So basically the DVLA doesnt know I own the car, and its probably still registered under the previous owner.

Rang the dealer to talk about the tax, he told me I could still use the previous owner's tax (still valid) because the car is still registered under his name.

Now I'm just wondering

- Am I allowed to drive with no logbook (im insured,etc...) and not even the green slip? (so basically without being registered)
- Is there any chance the previous owner kept the original logbook and didnt tell the DVLA he sold his car? If he's got the logbook, a spare key and knows my address, he could be able to steal the car as well

I know it was a mistake to buy before having the logbook, I thought it would be easy to just get a new one since we can ask for one on the DVLA site in case it's missing
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Comments

  • The insurance bit could be a slight issue....


    I know they ask if the car is registered in your name when you take out insurance..
    If it isn't and you have an accident the insurance may be invalid.
  • burlington6
    burlington6 Posts: 2,111 Forumite
    1,000 Posts Combo Breaker
    With regards to the person named on the logbook, they aren't the owner by default because the v5 is in their name. If you have to, apply for a new v5 in your name.
  • sush40
    sush40 Posts: 89 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    edited 17 October 2014 at 4:17PM
    The garage already asked for a new logbook for this car but we're waiting on it. I cant register the car under my name until I receive and fill up the new log book. I should have waited until we got the new log book, and do the procedure in this order instead:
    trader ask DVLA for new logbook> new log book received > buy car > fill green slip from new log book and send to DVLA > DVLA registers me as new keeper

    I think I bought the car too soon, the garage received the car last thursday, asked for a new log book on monday, and I bought it on the wednesday, I dont think they could have received the new logbook from DVLA within a couple of days :s
  • Tax is non transferable, so the vehicle IS NOT TAXED unless you do it yourself, if police pull you on a "ANPR hit" once keeper is to the garage has been processed your in for a fine.
  • sush40
    sush40 Posts: 89 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    i am aware that, from 1st of october, we are supposed to tax the car we buy, but because the car is still registered under the previous owner (until i receive the log book), the trader told me I could use his tax until it expires...
  • atrixblue.-MFR-.
    atrixblue.-MFR-. Posts: 6,887 Forumite
    edited 17 October 2014 at 5:05PM
    sush40 wrote: »
    i am aware that, from 1st of october, we are supposed to tax the car we buy, but because the car is still registered under the previous owner (until i receive the log book), the trader told me I could use his tax until it expires...
    It doesn't work like that though.


    dealer cannot loan you the previous keepers tax as it wasn't his to begin with from 1st oct it is NON TRANSFERABLE to any dealer or buyer it is as attached to the registered keeper only. the dealer hiding behind the guise that the DVLA systems wont have updated yet and your sneakily and illegaly using the vehicle on the road without VED.


    the situation you have is that your in DVLA limbo.


    The real situation would be for the trader to take it back to the property and hold it for you or if you have a drive is not to use it or keep it on the road until you have confirmation of the V5C so you can use the 11 digit number on it to tax it via online or use the greenslip at the posty.


    the tax is probably now being dealt with via refund by DVLA so the previous keeper if he sent it off in a timely fashion with the V5C is probably in that process, once its updated on the system its a traders responsibility it will be entered as untaxed.


    dealers trade plates are restrictive as in they are used for trade purposes he cannot loan you those plates for their tax as you have bought the vehicle its in your ownership, the vehicle is not being test driven, or being moved about trade to trade for repairs by the trader the plates also require the trader to be present with the vehicle, im sketchy on this but this is my understanding of traders plates and someone could correct me if im wrong.
  • sush40
    sush40 Posts: 89 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    So how am I supposed to know when the process of ''unregister'' the previous owner is finished?
    I thought it wouldnt be a problem to use his ''name and tax'' until i register to the dvla, only the problem would be if I get arrested by the police and need to prove the vehicule is registered under my name.
    I've been trying to call the DVLA, is there a way to know who's the ''keeper'' of the car in the meantime, and if they've sent a new logbook yet? The garage told me they asked for one, but should I apply for one as well just in case?

    ''The real situation would be for the trader to take it back to the property and hold it for you or if you have a drive is not to use it or keep it on the road until you have confirmation of the V5C so you can use the 11 digit number on it to tax it via online or use the greenslip at the posty.''

    This is what I was going to do, probably safer to leave my car off the road and in a safe place until I get the logbook.
  • Hintza
    Hintza Posts: 19,420 Forumite
    10,000 Posts Combo Breaker
    I would argue that the car was taxed under the old system and will in fact still be taxed until the current disc expires then the new rules would apply. (I'm arguing this from a logical point of view rather than certainty)
  • sush40 wrote: »
    So how am I supposed to know when the process of ''unregister'' the previous owner is finished?
    I thought it wouldnt be a problem to use his ''name and tax'' until i register to the dvla, only the problem would be if I get arrested by the police and need to prove the vehicule is registered under my name.
    I've been trying to call the DVLA, is there a way to know who's the ''keeper'' of the car in the meantime, and if they've sent a new logbook yet? The garage told me they asked for one, but should I apply for one as well just in case?

    ''The real situation would be for the trader to take it back to the property and hold it for you or if you have a drive is not to use it or keep it on the road until you have confirmation of the V5C so you can use the 11 digit number on it to tax it via online or use the greenslip at the posty.''

    This is what I was going to do, probably safer to leave my car off the road and in a safe place until I get the logbook.
    You wont be arrested, youll receive a fine.


    don't complicate things by ordering a new V5C, just keep onto the dealer that sold it to see if they get it usually 14 days.


    you wont know when the system is updated but if its longer than 5-7 days ago since the dealer took ownership then the likely hood it could be registered in the garages name at present or sometime soon theres just no physical v5c to confirm that yet.


    I wouldn't rely on what hintza has mentioned from what I have read the VED (road tax as its known commonly) is non transferable from Oct 1st and this applies to VED bought prior to this new rule.
  • Iceweasel
    Iceweasel Posts: 4,873 Forumite
    Part of the Furniture 1,000 Posts Photogenic Combo Breaker
    Can you clarify the 'recently' in the first line of your first post.

    If it was before the 1st of October and you have it dated on the receipt then you have little to worry about.
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