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Rejected Car Issue - not what you might think!

24

Comments

  • Spride
    Spride Posts: 28 Forumite
    10 Posts
    If you have received your money back, get the car to the dealer quickly. I would even ask him to collect it within 7 days.

    cancel the road tax and suspend the insurance or cancel it. Inform the dealer of those actions.
    Thanks, they have have multiple requests to collect the car, we will send one more giving them 14 days or it will be parked on the road, the tax and insurance have been cancelled as she has had to get another car and cant afford to pay out for two. 
  • born_again
    born_again Posts: 20,801 Forumite
    10,000 Posts Sixth Anniversary Name Dropper
    If it was picked up from the dealer, then it is your responsibility to return it.

    But do check with the bank that they have not contested the claim. As even at 60 days, the bank may not have picked up yet. 
    Life in the slow lane
  • Alderbank
    Alderbank Posts: 4,000 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper
    Spride said:
    If you have received your money back, get the car to the dealer quickly. I would even ask him to collect it within 7 days.

    cancel the road tax and suspend the insurance or cancel it. Inform the dealer of those actions.
    Thanks, they have have multiple requests to collect the car, we will send one more giving them 14 days or it will be parked on the road, the tax and insurance have been cancelled as she has had to get another car and cant afford to pay out for two. 
    You should advise your daughter to be careful here.

    To cancel tax she had to fill in one of two forms, transfer to someone else or SORN.

    Transferring can't be done unilaterally. DVLA will ask the dealer to confirm they have taken possession as a dealer. Until then your daughter remains the registered keeper.

    If SORN she had to make a declaration that the vehicle was off the public road and would remain so.

    Your advice should be to make SORN declaration and keep it off the road for now (sorry about your driveway!). She is still the registered keeper - parking on road without tax is not too serious but parking without insurance is extremely serious and she would certainly regret it.
  • Jenni_D
    Jenni_D Posts: 5,440 Forumite
    1,000 Posts Fourth Anniversary Name Dropper Photogenic
    IS your daughter the registered keeper? Did she do anything with the V5C slip she received?
    Jenni x
  • Spride
    Spride Posts: 28 Forumite
    10 Posts
    Jenni_D said:
    IS your daughter the registered keeper? Did she do anything with the V5C slip she received?
    Hi Jenni, no, she isn't the registered keeper, when she contacted DVLA because she hadn't received a V5 in her name they told her she had to buy a replacement. (She has a V5 already for the car she had to buy to get about last week.)

    Incidentally, in reply to another response, we found:

    It is the dealers obligation to collect the vehicle, unless your sales contract includes a clause obliging you to return the car. You only have to make sure the car is available to collect. - the car has been available to collect for nearly 2 months now.

    this is why we have made multiple attempts to get them to collect their property but to no avail.
  • Alderbank said:
    Spride said:
    If you have received your money back, get the car to the dealer quickly. I would even ask him to collect it within 7 days.

    cancel the road tax and suspend the insurance or cancel it. Inform the dealer of those actions.
    Thanks, they have have multiple requests to collect the car, we will send one more giving them 14 days or it will be parked on the road, the tax and insurance have been cancelled as she has had to get another car and cant afford to pay out for two. 
    You should advise your daughter to be careful here.

    To cancel tax she had to fill in one of two forms, transfer to someone else or SORN.

    Transferring can't be done unilaterally. DVLA will ask the dealer to confirm they have taken possession as a dealer. Until then your daughter remains the registered keeper.

    If SORN she had to make a declaration that the vehicle was off the public road and would remain so.

    Your advice should be to make SORN declaration and keep it off the road for now (sorry about your driveway!). She is still the registered keeper - parking on road without tax is not too serious but parking without insurance is extremely serious and she would certainly regret it.
    I agree.  Whatever the legal rights and wrongs, there's no point complicating the situation further by risking a DVLA penalty or an insurance problem if it gets hit/stolen/catches fire after you've left it on the road.  You'll only get dragged into arguments about liability, no matter how sure you are of your position.
  • Alderbank
    Alderbank Posts: 4,000 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper
    The OP said 'Thanks, she got the new owner slip from them from the V5...'

    There isn't a 'new owner' slip.
    What she got is the green New Keeper slip which says it must be given to the new keeper.
    The clue is in the name.

    Without the new keeper slip and the reference number on it she could not have taxed the car. She became the reg keeper when she received that slip and remains so until registration transfers to a trade dealer or the next owner.

    The OP says his daughter has cancelled the tax. Again, only the registered keeper can do that.
    Finally, DVLA say
     'When a vehicle is sold, scrapped or the registered keeper has declared SORN, the registered keeper will get an automatic refund for any outstanding full calendar months of tax that remain.'
  • Spride said:
    Jenni_D said:
    IS your daughter the registered keeper? Did she do anything with the V5C slip she received?
    Hi Jenni, no, she isn't the registered keeper, when she contacted DVLA because she hadn't received a V5 in her name they told her she had to buy a replacement. (She has a V5 already for the car she had to buy to get about last week.)

    Incidentally, in reply to another response, we found:

    It is the dealers obligation to collect the vehicle, unless your sales contract includes a clause obliging you to return the car. You only have to make sure the car is available to collect. - the car has been available to collect for nearly 2 months now.

    this is why we have made multiple attempts to get them to collect their property but to no avail.
    Did she purchase online, or at the dealers location?

  • Spride
    Spride Posts: 28 Forumite
    10 Posts
    Alderbank said:
    The OP said 'Thanks, she got the new owner slip from them from the V5...'

    There isn't a 'new owner' slip.
    What she got is the green New Keeper slip which says it must be given to the new keeper.
    The clue is in the name.

    Without the new keeper slip and the reference number on it she could not have taxed the car. She became the reg keeper when she received that slip and remains so until registration transfers to a trade dealer or the next owner.

    The OP says his daughter has cancelled the tax. Again, only the registered keeper can do that.
    Finally, DVLA say  'When a vehicle is sold, scrapped or the registered keeper has declared SORN, the registered keeper will get an automatic refund for any outstanding full calendar months of tax that remain.'
    So she has a new keeper slip but DVLA won't supply a new V5, does this imply she has a slip from a cancelled or previous V5? The car isn't registered in her name and since the money has been returned she isn't the owner, this is the quandary,  a car neither registered to or owned is at my home, and the seller seems to have no intention of collecting it. Admittedly the cost of repair effectively write the car off.
  • Spride
    Spride Posts: 28 Forumite
    10 Posts
    Spride said:
    Jenni_D said:
    IS your daughter the registered keeper? Did she do anything with the V5C slip she received?
    Hi Jenni, no, she isn't the registered keeper, when she contacted DVLA because she hadn't received a V5 in her name they told her she had to buy a replacement. (She has a V5 already for the car she had to buy to get about last week.)

    Incidentally, in reply to another response, we found:

    It is the dealers obligation to collect the vehicle, unless your sales contract includes a clause obliging you to return the car. You only have to make sure the car is available to collect. - the car has been available to collect for nearly 2 months now.

    this is why we have made multiple attempts to get them to collect their property but to no avail.
    Did she purchase online, or at the dealers location?

    At the dealer but as stated they have to collect: that is the consumer rights law. I suppose the question is, how long do I have to keep it before I can send it to the breakers, what would be a reasonable time limit given that they have already had 2 months?
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