Rejected Car Issue - not what you might think!

Aylesbury_Duck

Spride said:

powerful_Rogue said:

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?

You can get rid of it whenever you like, but I think the dealer could have up to six years to pursue you for a reasonable value.  Your reasoning is that since the money has been refunded, your daughter is no longer the owner.  The flip side of that is that if she disposes of the car, the owner is entitled to pursue her for its value at the time of disposal.  That might the whatever scrap value you manage to obtain for it, but that might be disputed.

Spride

Aylesbury_Duck said:

Spride said:

powerful_Rogue said:

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?

You can get rid of it whenever you like, but I think the dealer could have up to six years to pursue you for a reasonable value.  Your reasoning is that since the money has been refunded, your daughter is no longer the owner.  The flip side of that is that if she disposes of the car, the owner is entitled to pursue her for its value at the time of disposal.  That might the whatever scrap value you manage to obtain for it, but that might be disputed.

It seems according to DVLA she never was the owner, it would be interesting to find out who is! I'll get back on to Citizens Advice to forward the problem to Trading Standards and maybe the police to tell me who the registered keeper is, I guess the person who had it before the dealer, I don't want to get them into trouble because of a rogue trader.

Aylesbury_Duck

Spride said:

Aylesbury_Duck said:

Spride said:

powerful_Rogue said:

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?

You can get rid of it whenever you like, but I think the dealer could have up to six years to pursue you for a reasonable value.  Your reasoning is that since the money has been refunded, your daughter is no longer the owner.  The flip side of that is that if she disposes of the car, the owner is entitled to pursue her for its value at the time of disposal.  That might the whatever scrap value you manage to obtain for it, but that might be disputed.

It seems according to DVLA she never was the owner, it would be interesting to find out who is! I'll get back on to Citizens Advice to forward the problem to Trading Standards and maybe the police to tell me who the registered keeper is, I guess the person who had it before the dealer, I don't want to get them into trouble because of a rogue trader.

Again, there's a difference between owner and keeper.  I don't think DVLA knows who the owner is, just the registered keeper.   Your daughter paid for a car and received a car, so at some point she was the owner.

Jenni_D

Spride said:

powerful_Rogue said:

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?

I believe you've misinterpreted the legislation ... if you bought "in store" and collected "in store" then the onus is on the consumer to return the goods to the "store" if the goods are being rejected.

Alderbank

Spride said:

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? 

What reason did the DVLA give for not supplying a new V5C?

The notes on the new keeper slip say:
Do not send this slip to the DVLA on its own - you won't get a V5C.
To get a V5C you'll need to fill in a V62 form. Send it, with this slip, to DVLA. Make sure the date of sale/transfer box is filled in.

Did she do that?

powerful_Rogue

Spride said:

powerful_Rogue said:

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?

No it's not., that's why I wanted to clarify how it was purchased. If she went to the dealer, purchased the car at the dealers and then drove it away, it is upto your daughter to return the vehicle to them.

the_lunatic_is_in_my_head

The specific statement in the legislation is:

(7)From the time when the right (to reject) is exercised—

(a)the trader has a duty to give the consumer a refund, subject to subsection (18), and

(b)the consumer has a duty to make the goods available for collection by the trader or (if there is an agreement for the consumer to return rejected goods) to return them as agreed.

(8)Whether or not the consumer has a duty to return the rejected goods, the trader must bear any reasonable costs of returning them, other than any costs incurred by the consumer in returning the goods in person to the place where the consumer took physical possession of them.

So if there were terms stating the consumer must return the goods then they must, if there isn't and the consumer hasn't otherwise agreed (not sure why they would) then the trader should collect.

sheramber

Was your  daughter was driving it without tax if she’s has not taxed it?

Has she insured it?

Spride

the_lunatic_is_in_my_head said:

The specific statement in the legislation is:

(7)From the time when the right (to reject) is exercised—

(a)the trader has a duty to give the consumer a refund, subject to subsection (18), and

(b)the consumer has a duty to make the goods available for collection by the trader or (if there is an agreement for the consumer to return rejected goods) to return them as agreed.

(8)Whether or not the consumer has a duty to return the rejected goods, the trader must bear any reasonable costs of returning them, other than any costs incurred by the consumer in returning the goods in person to the place where the consumer took physical possession of them.

So if there were terms stating the consumer must return the goods then they must, if there isn't and the consumer hasn't otherwise agreed (not sure why they would) then the trader should collect.

Exactly as I understood it too, you can't exactly pop it in a jiffy bag and post it back, the dealer is 60 miles away and the car doesn't run properly, I wouldn't trust it to get back there.

Alderbank

sheramber said:

Was your  daughter was driving it without tax if she’s has not taxed it?

Has she insured it?

On page 1 the OP said  'She taxed and insured it at the point of purchase'
and on page 2 they said 'the tax and insurance have been cancelled .'