DVLA prosecution for car tax

jigershah

AdrianC said:

jigershah said:

AdrianC said:

jigershah said:
the car had dangerous fault so I did not want to drive it back to garage and I offered him to collect it

Your legal responsibility to get it back to him, even if that meant getting your breakdown service or a paid transport firm to move it.

Where is that legislated that legally customer is responsible to get goods be it faulty or dangerous delivered back to the seller at customers own cost?

Consumer Rights Act.

The supplier is only responsible for costs in transporting goods from the place where the customer physically took delivery - if you collected from his premises, you have to take it back there. If he delivered it to your drive, he has to collect it from your drive.

Delivered to us.

AdrianC

jigershah said:

AdrianC said:

jigershah said:

AdrianC said:

jigershah said:
the car had dangerous fault so I did not want to drive it back to garage and I offered him to collect it

Your legal responsibility to get it back to him, even if that meant getting your breakdown service or a paid transport firm to move it.

Where is that legislated that legally customer is responsible to get goods be it faulty or dangerous delivered back to the seller at customers own cost?

Consumer Rights Act.

The supplier is only responsible for costs in transporting goods from the place where the customer physically took delivery - if you collected from his premises, you have to take it back there. If he delivered it to your drive, he has to collect it from your drive.

Delivered to us.

OK, so the supplier was responsible for collecting it.

Right up until the point at which they closed.

Grumpy_chap

AdrianC said:

Consumer Rights Act.

The supplier is only responsible for costs in transporting goods from the place where the customer physically took delivery - if you collected from his premises, you have to take it back there. If he delivered it to your drive, he has to collect it from your drive.

The OP said:

jigershah said:

I paid via Debit card and car was delivered to our home 

All rather moot, though, as the OP has also indicated that the Ltd Company that supplied the car has ceased trading. 

The only thing the OP has not positively confirmed is that they checked with Companies House that the Ltd Company has truly been struck off.  Easy enough to do online.

Grey_Critic

jigershah said:

We never used that car for all that time as it was not our car we thought. i even told bank and FOS that they can keep the car as thats not our asset. in October 2020, MOT garage put a new battery, two near tyres and service to remove the rust from brake pads etc. its again back on drive way. because steering rack replacement would cost £500 is what I was told.

Got me puzzled here - You say that you had the vehicle MOTd in October 2020 yet claim there is a steering fault. How did it pass an MOT as Steering is an MOT item.

The_Fat_Controller

@Grey_Critic, I was wondering about the MOT too, unless I missed it, the OP did not say the vehicle was delivered without the agreed MOT but just that the steering fault remained.

All sounds rather back street and a bit dodgy.

jigershah

Grey_Critic said:

jigershah said:

We never used that car for all that time as it was not our car we thought. i even told bank and FOS that they can keep the car as thats not our asset. in October 2020, MOT garage put a new battery, two near tyres and service to remove the rust from brake pads etc. its again back on drive way. because steering rack replacement would cost £500 is what I was told.

Got me puzzled here - You say that you had the vehicle MOTd in October 2020 yet claim there is a steering fault. How did it pass an MOT as Steering is an MOT item.

When we got the car delivered with new MOT and steering issue in 2019, I complained to garage and also invoked DVLA to do an independent inspection and someone came to inspect the car but dealer did not come and inspector said that car can go through MOT with stiff steering as thats not a criteria (there are cars with non power steering on roads apparently). When in Oct 2020, I accepted keepership, I was allowed to take car to MOT garage without car tax which is what I did after fitting a new battery, it failed on two tyres (without having driven the car for a year) and garage who did MOT said something is wrong with steering as it feels very stiff but they thought it could be tyres. Ater two new tyres, stiff steering problem did not get resolved so I took it off road as my wife has slight arthritis in the hands. Hope this explains. 

jigershah

Grumpy_chap said:

AdrianC said:

Consumer Rights Act.

The supplier is only responsible for costs in transporting goods from the place where the customer physically took delivery - if you collected from his premises, you have to take it back there. If he delivered it to your drive, he has to collect it from your drive.

The OP said:

jigershah said:

I paid via Debit card and car was delivered to our home 

All rather moot, though, as the OP has also indicated that the Ltd Company that supplied the car has ceased trading. 

The only thing the OP has not positively confirmed is that they checked with Companies House that the Ltd Company has truly been struck off.  Easy enough to do online.

I did not check companies house no. I just took dealer for granted because they stopped responding and when I called the place, there are two dealers in same premise and guy said that name of my dealer company has shut down so mater was over for me there. Another mistake perhaps but I did not check on companies house. 

jigershah

jigershah said:

Grey_Critic said:

jigershah said:

We never used that car for all that time as it was not our car we thought. i even told bank and FOS that they can keep the car as thats not our asset. in October 2020, MOT garage put a new battery, two near tyres and service to remove the rust from brake pads etc. its again back on drive way. because steering rack replacement would cost £500 is what I was told.

Got me puzzled here - You say that you had the vehicle MOTd in October 2020 yet claim there is a steering fault. How did it pass an MOT as Steering is an MOT item.

steering is not  

AdrianC

jigershah said:

jigershah said:

Grey_Critic said:

jigershah said:

We never used that car for all that time as it was not our car we thought. i even told bank and FOS that they can keep the car as thats not our asset. in October 2020, MOT garage put a new battery, two near tyres and service to remove the rust from brake pads etc. its again back on drive way. because steering rack replacement would cost £500 is what I was told.

Got me puzzled here - You say that you had the vehicle MOTd in October 2020 yet claim there is a steering fault. How did it pass an MOT as Steering is an MOT item.

steering is not  

Steering is not what? MOT tested? It certainly is...

https://www.gov.uk/guidance/mot-inspection-manual-for-private-passenger-and-light-commercial-vehicles/2-steering

Tokmon

jigershah said:

Tokmon said:

jigershah said:

The_Fat_Controller said:

The transfer should have been completed BEFORE the vehicle was even delivered to you.

Did the seller actually agree to delay doing that until you were satisfied about the repair ?

If it wasn't as described you should have just rejected immediately and demanded a refund.

There are more holes in this story than Swiss Cheese.

Car dealer and we agreed a price at condition of repair and new MOT. on the day, I was called that repair and new MOT has been done. I was in office so money was paid on phone and car delivered to my home which dealer happily did it. my wife didnt know and this happened around 8pm. When I reached home, i drove vehicle at 9pm or around and realised steering problem was not fixed so I conveyed he should not transfer the ownership. He clearly by then didnt inform DVLA about transfer of ownership so car was delivered before transfer was done clearly. 

We were conveyed everything is fixed which clearly he didnt and he also didnt transfer the vehicle in my name making me thing this is not my ownership. I never got any DVLA confirmation for all those months neither we touched the car until the time FOS conclusion came through. 

I rejected it at 4am (after lets say 7 hours) as i was stressed that we have been done in and demanded the refund immediately. This is where dealer never refunded, made all excuses but also did not transfer the car in our name either... 

Where did you drive the car considering you had no insurance? 

out on my street realised as soon as I had to turn the vehicle that steering problem was not fixed so parked back. couldnt sleep, texted him 4am in morning saying not to transfer. 

With this chat, I have realised number of things I have done wrong but none had any ill intention whatsoever. For me as soon as I decided to transfer in our name, I did everything by book. Anything prior i just thought I was not keeper and dealer accepted that by not transferring and DVLA never contacted me either so I never knew I had certain obligations I was not meeting. 

So your drove the car on a public road with no tax and insurance? Yet you claim to be a law abiding citizen?

I would say this is all your fault because you have made no attempt to research what your responsibilities are and i personally think driving without insurance is inexcusable because it can cause so many issues for innocent people. 

Also you say the steering is "stiff" but passed an MOT so this isn't a "dangerous fault" and it's ridiculous you didn't get this to a garage as soon as you noticed the issue instead of wasting a year with it on your driveway.