Help! V5C not sent off for nearly a year!

Barticom

My friend bought her first car in Jan 2018 from a trader, and not being the most educated on car buying she ended up walking home with the entire V5C of the previous owner and not querying why she'd had received the entire V5C and why the document wasn't in her name. Obviously an issue from the get-go but she hadn't noticed.

Fast forward almost a year, I end up seeing her log book and noticing something odd. The V5C still had the old keeper's name on, and the entire document present with the exception of the V5C/3 (selling or transferring to a motor trader), however no new information had been filled in whatsoever. Turns out she's 'owned' her car for almost a year now with the old keepers V5C and she hasn't known it was an issue, she'd been taxing it using the V5C/2 ref number for those interested.

My question here is, who is at fault?

The old keeper should have given the V5C/3 to the garage and sent off the remainder of the document of course

The garage should have not only noticed this and rectified it, but do they have a responsibility as a dealer to ensure that my friend completed all the necessary documentation and kept only the V5C/2 and sent off the rest of the document.

But then there is my friend, who I would've thought should know to read the documentation and understand that it's the V5C/2 you must walk away with.


My big question to you all, is that when she rings the DVLA to sort this out, who is liable for the blame for this car's ownership change not being declared for nearly a year!!!


Thanks in advance

AndyMc.....

So it's not been taxed for a year?

Barticom

AndyMc..... wrote: »

So it's not been taxed for a year?

It has, she'd been taxing via DD monthly by using the V5C/2 Doc. ref number

marcarm

I would say your friend, it is down to them to ensure all their documents are in order.

And if they are not "the most educated", then they should learn to ensure they are not taken advantage of

Barticom

marcarm wrote: »

I would say your friend, it is down to them to ensure all their documents are in order.

And if they are not "the most educated", then they should learn to ensure they are not taken advantage of

Wise words, I agree 100%. Thank you for your contribution

AndyMc.....

Barticom wrote: »

It has, she'd been taxing via DD monthly by using the V5C/2 Doc. ref number

So why hasn't she sent it to the dvla to get a V5?

DoaM

Where's the poll option for "I don't care, I hate threads started with polls"?

Takmon

Barticom wrote: »

My friend bought her first car in Jan 2018 from a trader, and not being the most educated on car buying she ended up walking home with the entire V5C of the previous owner and not querying why she'd had received the entire V5C and why the document wasn't in her name. Obviously an issue from the get-go but she hadn't noticed.

Fast forward almost a year, I end up seeing her log book and noticing something odd. The V5C still had the old keeper's name on, and the entire document present with the exception of the V5C/3 (selling or transferring to a motor trader), however no new information had been filled in whatsoever. Turns out she's 'owned' her car for almost a year now with the old keepers V5C and she hasn't known it was an issue, she'd been taxing it using the V5C/2 ref number for those interested.

My question here is, who is at fault?

The old keeper should have given the V5C/3 to the garage and sent off the remainder of the document of course

The garage should have not only noticed this and rectified it, but do they have a responsibility as a dealer to ensure that my friend completed all the necessary documentation and kept only the V5C/2 and sent off the rest of the document.

But then there is my friend, who I would've thought should know to read the documentation and understand that it's the V5C/2 you must walk away with.

My big question to you all, is that when she rings the DVLA to sort this out, who is liable for the blame for this car's ownership change not being declared for nearly a year!!!

Thanks in advance

It's worth pointing out that the V5C doesn't show who the owner is, so legally your friend owns the car as she bought it. The owner can be a completely different person to the registered keeper (which is who the V5C shows).

It is entirely her fault; she may be new to owning a car but she would have realised the problem if she had actually read the documentation. The traders may have made a mistake but it's the owner of the car who is responsible for making sure everything is in order.

But i wouldn't bother ringing the DVLA i would just go online and change the keeper and put in the date when she bought the car as the date of transfer and see if it accepts the date.

AndyMc.....

Takmon wrote: »

It's worth pointing out that the V5C doesn't show who the owner is, so legally your friend owns the car as she bought it. The owner can be a completely different person to the registered keeper (which is who the V5C shows).

It is entirely her fault; she may be new to owning a car but she would have realised the problem if she had actually read the documentation. The traders may have made a mistake but it's the owner of the car who is responsible for making sure everything is in order.

But i wouldn't bother ringing the DVLA i would just go online and change the keeper and put in the date when she bought the car as the date of transfer and see if it accepts the date.

She’ll pay twice for January’s tax.

Takmon

AndyMc..... wrote: »

She’ll pay twice for January’s tax.

Technically as she has been taxing it using the V5C/2 New keepers slip then she shouldn't have to pay twice for the tax in January as that is how it usually works and the few weeks delay it takes for the V5C to be sent off and the new one to arrive doesn't affect the tax.

But as she will need to put a keeper transfer date online of 1 year ago then i don't know if that would make a difference.

AndyMc.....

Takmon wrote: »

Technically as she has been taxing it using the V5C/2 New keepers slip then she shouldn't have to pay twice for the tax in January as that is how it usually works and the few weeks delay it takes for the V5C to be sent off and the new one to arrive doesn't affect the tax.

But as she will need to put a keeper transfer date online of 1 year ago then i don't know if that would make a difference.

Change of keeper will result in the tax being cancelled and a refund sent to the previous keeper.