Consumer Rights regarding sold car

kattyspir

Hello

I bought a car from a dealership last November (2 months ago) and it was sold without a logbook, their main reasoning was because it was sold at auction without one and that it can be normal. I had to apply for a new logbook which took around 6 weeks due to covid/Christmas period and I had to leave my car on a drive which led to the battery dying on me and fitting a new battery to even use the car. Since fitting the new battery i have had battery fault messages within the car, and no mechanic can seem to figure out what it is. Early last week at 6AM I had a bailiff clamp my car and put a notice on the car window, when I called them up they said the car had numerous charges against it including different fines and unpaid finances. I told them I bought the car new, and showed them proof of my logbook and they unclamped the car for me, however did say the car had lots of charges.

I emailed the dealership right away, letting them know what had happened and that I was very unhappy with the actual car (battery fault), and the fact the car was a salvage vehicle with lots of charges against it. They told me because it was over 30 days they can't help me, and refused a refund. Please can someone let me know my legal rights when it comes to this situation, as no one had disclosed the history of the car, and their excuse was that the car had a 'clear hpi' when they bought it. However as soon as the logbook was in my name, I have bailiffs clamping my car and lots of unpaid charges pending. Please can someone let me know as I do not wan't this car in my name, and absolutely need to get rid of it back to the dealership.

[Deleted User]

The charges before you owned the car aren't your concern.

What have the dealership said regarding the battery fault?

mattyprice4004

HPI doesn't cover all bases - there are some types of finance secured against vehicles (log book loans etc) that won't show up. 
If you bought the car in good faith it's likely you'll have good title to the car so you're not going to lose out - but this doesn't give you a reason to return the vehicle. 

Likewise with the fault, because it's over 30 days since purchase you'll need to give the retailer 1 chance to fix the car before you can reject the vehicle - make a full list of all the faults you want resolving (but be reasonable accounting for the age, mileage and amount paid) and present this along with the car for the dealer to resolve for you. 
I'm not sure what you mean by it was a 'salvage vehicle' - this usually means an insurance write off which I don't see any mention of. 

Aylesbury_Duck

As above.  Any charges that were incurred prior to your date of proven ownership are things you don't need to worry about.

As for the battery, I suspect that's your fault.  Leaving a car for six weeks unused, on top of what was probably a period of it not being used whilst on sale, was always going to leave the battery in a weak position.  Cold starts at this time of year take a lot more power so a battery that's already low is likely to fail to start a car.  What you should have done is trickle-charged the battery or idled the engine regularly.  That's no substitute for a decent drive to recharge the battery, but in the circumstances I understand why you couldn't do that.  The battery faults are probably linked to a period of low or no charge.

pinkshoes

kattyspir said:

Hello

I bought a car from a dealership last November (2 months ago) and it was sold without a logbook, their main reasoning was because it was sold at auction without one and that it can be normal. I had to apply for a new logbook which took around 6 weeks due to covid/Christmas period and I had to leave my car on a drive which led to the battery dying on me and fitting a new battery to even use the car. Since fitting the new battery i have had battery fault messages within the car, and no mechanic can seem to figure out what it is. Early last week at 6AM I had a bailiff clamp my car and put a notice on the car window, when I called them up they said the car had numerous charges against it including different fines and unpaid finances. I told them I bought the car new, and showed them proof of my logbook and they unclamped the car for me, however did say the car had lots of charges.

I emailed the dealership right away, letting them know what had happened and that I was very unhappy with the actual car (battery fault), and the fact the car was a salvage vehicle with lots of charges against it. They told me because it was over 30 days they can't help me, and refused a refund. Please can someone let me know my legal rights when it comes to this situation, as no one had disclosed the history of the car, and their excuse was that the car had a 'clear hpi' when they bought it. However as soon as the logbook was in my name, I have bailiffs clamping my car and lots of unpaid charges pending. Please can someone let me know as I do not wan't this car in my name, and absolutely need to get rid of it back to the dealership.

The log book thing is irrelevant, as you bought it in good faith and it is now in your name. Unfortunately, but not a reason to reject. I would, however be looking at the copy of the HPI check when you bought the car. You did view this didn't you? Did they put it in writing that it was HPI clear? If they did, then ask for a copy of it. 

Regarding the battery, you left the car on your driveway for 6 weeks and the battery went flat. That's not the garage's fault. Did you start the car every week to stop the battery going flat?
 LOTS of cars get error codes when you fit a new battery. What car is it, how much was it, and what is the error code? 

Chris_English

It's extremely unusual to buy a car from a dealer and not have them deal with the V5 for you. I've bought and sold a lot of cars down the years, and it's never happened yet. Is it a bit of a fly-by-night operation?

You say that you bought the car new, although also say it was salvaged. These are two very different situations, could you confirm which is correct?

If, as I think is most likely, it wasn't bought new then you can't likely rely on a manufacturer's warranty, and the most likely issue is that the car needs to be told that a new battery has been fitted (and / or the battery that's been installed isn't the right sort). Some cars (one of mine, for example) have a battery that contain a processor that communicates with the car, giving it the state of charge and some other data, and any third-party battery that doesn't have this will cause all manner of problems. Could this be an issue here?

knightstyle

I don't understand why you bought a car and then didn't use it for 6 weeks?  The log book is irrelevant, all that was needed was to do a change of ownership online check it has an MOT and insure it before driving it.

Alderbank

knightstyle said:

I don't understand why you bought a car and then didn't use it for 6 weeks?  The log book is irrelevant, all that was needed was to do a change of ownership online check it has an MOT and insure it before driving it.

No. It needs more than MOT and insurance. It must be taxed as well. You cannot tax the vehicle without the specific reference number in the log book so the log book is relevant

born_again

Dealership selling a car without a V5 is very odd. In fact advise is to never buy a car without one. As there is no way of knowing if its stolen. 

Was this some back street dealer?