Car sale to dealer

MarcoM

Hi, 

My elderly father sold his car to a high street car dealer. The dealer immediately changed the ownership at dvla. He told my father that he will be paid by bank transfer within a week.

I am aware my father accepted this but I wanted to know if this is how a sale to a dealer takes place. It seems strange to me that they would change ownership but not send a deposit immediately. If I bought a car I am sure the dealer would not let me drive away without paying for the car. 

I am not entirely happy with this but before taking it further I would like to have fellow posters opinions and advice. 

There is no formal contract but they have sent an email stating they are buying the car for price x but no written promise that the payment will take place as verbally agreed. 

Any thoughts? 

400ixl

As an example from the We buy any Car FAQ

Q. How and when will I receive payment for my car

Payment options

By default payment will be made directly to your bank account within 4 working days after the day of sale, using an electronic bank transfer service. There is no charge for this service.

We also offer a next working day payment service at an additional fee of £24.75 and a same day Premier Payment option to selected customers for an additional fee of £29.75. For full details on all of our payment options please see our terms and conditions here. We do not charge a Next Working Day Payment or Premier Payment fee where we are offering to purchase your vehicle for less than £500.

So as you will see they also take possession of the car and then make a payment that can take 4 days, unless you are willing to pay them to do it quicker.

I would still expect this to all be done with some sort of contract underpinning any such sale though. I certainly wouldn't be handing over a car without formal paperwork supporting the transaction and payment terms, method and timelines.

MarcoM

400ixl said:

As an example from the We buy any Car FAQ

Q. How and when will I receive payment for my car

Payment options

By default payment will be made directly to your bank account within 4 working days after the day of sale, using an electronic bank transfer service. There is no charge for this service.

We also offer a next working day payment service at an additional fee of £24.75 and a same day Premier Payment option to selected customers for an additional fee of £29.75. For full details on all of our payment options please see our terms and conditions here. We do not charge a Next Working Day Payment or Premier Payment fee where we are offering to purchase your vehicle for less than £500.

So as you will see they also take possession of the car and then make a payment that can take 4 days, unless you are willing to pay them to do it quicker.

I would still expect this to all be done with some sort of contract underpinning any such sale though. I certainly wouldn't be handing over a car without formal paperwork supporting the transaction and payment terms, method and timelines.

Hello,

Yes those were my thoughts. Other than an email which is very basic, they have offered no contract.

I guess they could argue my father could have requested one so they are not at fault in that respect? 

I'll see if they pay up this week. If they don't and I have to complain do you think I could mention trading standards and the lack of formal paperwork on their part?

I do not want to be unreasonable. 

diystarter7

Can I safely assume this is not one of the big boys?
How long have they been trading?
When you state your dad is "elderly" I'm not sure why you have said that. Is he confused, fit to drive etc?
Have you checked their feedback on various sites?
Perhaps just a quick call will clear any concerns you have and I'm not sure why you have mentioned "Trading Standards" at this stage.

MarcoM

diystarter7 said:

Can I safely assume this is not one of the big boys?
How long have they been trading?
When you state your dad is "elderly" I'm not sure why you have said that. Is he confused, fit to drive etc?
Have you checked their feedback on various sites?
Perhaps just a quick call will clear any concerns you have and I'm not sure why you have mentioned "Trading Standards" at this stage.

Hi it is one of the big boys. 

macman

The DVLA does not record or change 'ownership'. It records the registered keeper of the vehicle, which is in no way an indication of legal ownership.
I can see no reason why the bank transfer should not have been done at the time the vehicles was handed to the dealer. A week is far too long, even if the dealer is reputable.
If they don't pay within the week then your father's only option is to pursue a civil case via the small claims process, if under £10k. This must be done by him, not by you, as you have no contract with the dealer.
Does the email effectively act as a receipt confirming the sale, handover,  and the agreed amount?

diystarter7

MarcoM said:

diystarter7 said:

Can I safely assume this is not one of the big boys?
How long have they been trading?
When you state your dad is "elderly" I'm not sure why you have said that. Is he confused, fit to drive etc?
Have you checked their feedback on various sites?
Perhaps just a quick call will clear any concerns you have and I'm not sure why you have mentioned "Trading Standards" at this stage.

Hi it is one of the big boys. 

Great, IMO a lot less to worry about now. I'm guessing there has been some mix-up along the line just give them a call possibly with your dad by you for DPA reasons. However, just call them and see what they say initially as it may just be a mix up

MarcoM

macman said:

The DVLA does not record or change 'ownership'. It records the registered keeper of the vehicle, which is in no way an indication of legal ownership.
I can see no reason why the bank transfer should not have been done at the time the vehicles was handed to the dealer. A week is far too long, even if the dealer is reputable.
If they don't pay within the week then your father's only option is to pursue a civil case via the small claims process, if under £10k. This must be done by him, not by you, as you have no contract with the dealer.
Does the email effectively act as a receipt confirming the sale, handover,  and the agreed amount?

Hi could I bring the case through as power of attorney for property and financial affairs?

In answer to your question yes the email states the purchase and its price. The week deadline was only verbal. 

user1977

MarcoM said:

macman said:

The DVLA does not record or change 'ownership'. It records the registered keeper of the vehicle, which is in no way an indication of legal ownership.
I can see no reason why the bank transfer should not have been done at the time the vehicles was handed to the dealer. A week is far too long, even if the dealer is reputable.
If they don't pay within the week then your father's only option is to pursue a civil case via the small claims process, if under £10k. This must be done by him, not by you, as you have no contract with the dealer.
Does the email effectively act as a receipt confirming the sale, handover,  and the agreed amount?

Hi could I bring the case through as power of attorney for property and financial affairs?

In theory yes, though it may be more hassle than assisting your dad to do it directly.

Ath_Wat

MarcoM said:

diystarter7 said:

Can I safely assume this is not one of the big boys?
How long have they been trading?
When you state your dad is "elderly" I'm not sure why you have said that. Is he confused, fit to drive etc?
Have you checked their feedback on various sites?
Perhaps just a quick call will clear any concerns you have and I'm not sure why you have mentioned "Trading Standards" at this stage.

Hi it is one of the big boys. 

It's very unlikely a major car dealer is just going to fail to pay you.  Talk to them.

macman

If you already have an active POA in place then why is he going and selling his car without your involvement?
The slow payment process would seem unusual, but nothing you have told us indicates that the payment will not be made shortly. You are getting way ahead of yourself in contemplating legal action. If they don't pay in a week, then get your father to send an LBA: that must always precede legal action.