Bought a car, but don't have the car

greasy19

Some advice is needed please. I recently purchased as car on my credit card on behalf of my mother after she had put down a £200 deposit and bought tax for the car. This purchase was from a local reputable garage who have been there for as long as I can remember.
The purchase was made on 28th February - including a credit card fee - and it seemed to be a good deal. However, it seems like they were selling the car as an intermediary as they did not have the log book. We thought ok, this garage has been here an awfully long time, we trust them. After a few calls they say they have pestered the actual owner of the car and that she is dragging her heels in getting the log book sorted. They have since provided my Mother with a courtesy car and it seems like she will have possesion of this until they officially sign the car over to her which is reasonable I suppose. So inspite of this, I beleive that the length of time from paying for the car and still having not received it is somewhat unreasonable.
As it has been paid for by credit card, would I be entitled to the full refund, including the credit card surcharge and/or can my mother make a demand for a car of equal status to signed over to her?
If my mother choses she no longer wishes to deal with them due to the poor service she will be without a car through no fault of her own and in that instance do we still have a case to keep hold of the courtesy car until she has another vehicle?
Any pointers would be greatly appreciated.

societys_child

If my mother choses she no longer wishes to deal with them due to the poor service she will be without a car through no fault of her own and in that instance do we still have a case to keep hold of the courtesy car until she has another vehicle?

Are you serious?

System

As it has been paid for by credit card, would I be entitled to the full refund, including the credit card surcharge

This is no different to the PIP implant problem. So no, because the purchase was not for you or directly benefits you

burlington6

!!!!!! wrote: »

This is no different to the PIP implant problem. So no, because the purchase was not for you or directly benefits you

Did someone buy their mum implants? :eek:

System

burlington6 wrote: »

Did someone buy their mum implants? :eek:

No, but the OPs problem ffails in the same way as a current thread on dad paying for daughter's failed implants. I.E. there is no benefit to the card holder only a third party so no S75 liability

Hintza

greasy19 wrote: »

and bought tax for the car.

How did she buy VED for the car without the V5c?

arcon5

They or she could apply to dvsa for the logbook.

There's a difference between legal owner and registered keeper. She could argue she's the legal owner and they are depriving her of her rightful property, force them to hand the car over and she apply for logbook herself.
Otherwise just tell them since they've failed to perform the contract within reasonable time she requires a full refund and the courtesy car needs collecting.

You may be able to issue a chargeback with your card company for goods not received

philatio

I can understand the deposit bit... but why would you pay the rest before you actually get the car? I've always paid the lump sum at the point the car is stood there ready to be inspected and driven away.

circuit

Hintza wrote: »

How did she buy VED for the car without the V5c?

You buy car tax online by putting in the reg number and your bank details. I've just done it - the dealer gave me their computer to do it before I drove away. You don't need the V5C in your possession.

OP, has your mum simply had cold feet? Or is it just you (not your mum) that believes the wait is unreasonable? Your title is misleading as the garage have given you a car (presumably tax and insurance is free, too?)

I just bought a car and had some issues with it, including serious faults and misdescribed mileage. I didn't get my money back, so I'd wager that you have slim to no chance, particularly since the garage seem to be looking after your mum while they sort it out.

Nessun_Dorma

arcon5 wrote: »

They or she could apply to dvsa for the logbook.

There's a difference between legal owner and registered keeper. She could argue she's the legal owner and they are depriving her of her rightful property, force them to hand the car over and she apply for logbook herself.
Otherwise just tell them since they've failed to perform the contract within reasonable time she requires a full refund and the courtesy car needs collecting.

You may be able to issue a chargeback with your card company for goods not received

I would further advise to source a car first, before demanding a refund and handing back the courtesy car.

Nessun_Dorma

circuit wrote: »

You buy car tax online by putting in the reg number and your bank details. I've just done it - the dealer gave me their computer to do it before I drove away. You don't need the V5C in your possession.

OP, has your mum simply had cold feet? Or is it just you (not your mum) that believes the wait is unreasonable? Your title is misleading as the garage have given you a car (presumably tax and insurance is free, too?)

Hmm.....don't you need the V5c (or reminder) reference number?

I just bought a car and had some issues with it, including serious faults and misdescribed mileage. I didn't get my money back, so I'd wager that you have slim to no chance, particularly since the garage seem to be looking after your mum while they sort it out.

Just because you were not successful in getting your money (on something that you probably should have) that is no reason why the OP will not.