Problem with transaction and payment has not gone through ...

optimistique1

I recently purchase a vehicle from a used dealer and a deposit was taken and then rest payable on collection.
I paid the amount due ( or at least I did the transaction on line in the garage to make the payment) and took the vehicle away and I have the new log book now in my name.
The dealer has now contacted me saying that the payment I made in the garage did not go through and at present they only have the deposit that I paid.
I have since changed my bank and not noticed that the money did not go through...
As it turns out the car has a lot of bad paint work problems that I did not notice at the time and I have had to spend nearly £1000 to get this fixed.
Where do I stay with paying the outstanding balance, am I legally obliged to do this?

[Deleted User]

You need to  pay the balance if you want to own the car.

optimistique1

I already have the logbook (V5C) in my name for the vehicle?  Also, I am inclined to say that the vehicle was misrepresented as it was all glossed up to hide all the paintwork problems, could I ask to return the vehicle and cancel the transaction ?

martinbainbridge1975

optimistique1 said:

I already have the logbook (V5C) in my name for the vehicle?  Also, I am inclined to say that the vehicle was misrepresented as it was all glossed up to hide all the paintwork problems, could I ask to return the vehicle and cancel the transaction ?

potentially yes - do you have proof of the paint issues before the work was done - a report or photos?

alternatively if you keep the car knock the cost off the balance and pay the garage, was it a well know dealer 

optimistique1

I have not had the work done yet it's due to be booked in later this month.... I have pictures of the paint work and it's quite bad especially on the bonnet and front bumper ...  My main concern is where I legally stand and what I am legally obliged to pay and can I legally offer to pay the outstanding balance minus the cost of the work done?

400ixl

Did you raise the paintwork issues with the garage and give them the opportunity to respond and resolve? If not then I don't believe you have any claim against what you have spent.

As such if you returned the car and they accepted it in lieu of the balance payment then you would not get back the money you have spent on it. If they don't accept it back then you still owe the balance payment to keep the car.

The V5 is only proof of the registered keeper of the numberplate assigned to the vehicle, it is not proof of ownership.

optimistique1

A lot of the communication was done via messaging and yes I did raise the paint work issue via messaging the day after and have had no reply since .
In terms of the car ownership I have a receipt from when it was bought is this not legal ownership?

[Deleted User]

Not if you haven't yet paid for it.

400ixl

optimistique1 said:

A lot of the communication was done via messaging and yes I did raise the paint work issue via messaging the day after and have had no reply since .
In terms of the car ownership I have a receipt from when it was bought is this not legal ownership?

Sounds like you paid out money at your own risk for paintwork correction which may make it more difficult to recover. A receipt is not proof of ownership if they can prove you have not actually settled their invoice.

If you have corrected the issues then it will make it more difficult to reject the car, did you buy it without seeing it (as in online, over the phone with delivery directly to you, not collected from the dealer)?