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Bought car not as described

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  • Bought car not as described

    Hi I bought a car from a dealer within 28hours it broke down dealer picked up I have since asked them to refund all monies paid they have agreed but say I have to send logbook to them this is at dvla and will take 4 weeks to arrive what are my options please
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  • #2
    Re: Bought car not as described

    Originally posted by fatpud12 View Post
    Hi I bought a car from a dealer within 28hours it broke down dealer picked up I have since asked them to refund all monies paid they have agreed but say I have to send logbook to them this is at dvla and will take 4 weeks to arrive what are my options please
    you will obviously have to return the log book to the dealer, however, the log book is not a document which proves ownership of the vehicle only it is to show the registered keeper.

    I see no reason why you cannot return the vehicle and pass over the log book when the DVLA return it
    I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

    If you need to contact me please email me on Pt@roachpittis.co.uk .

    I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

    You can also follow my blog on consumer credit here.

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    • #3
      Re: Bought car not as described

      Are you saying the dealer already has the car but wont release the refund without the log book?

      nem

      Comment


      • #4
        Re: Bought car not as described

        Yes they have the car but will not refund until they have the logbook

        Comment


        • #5
          Re: Bought car not as described

          Originally posted by fatpud12 View Post
          Yes they have the car but will not refund until they have the logbook
          The log book isnt proof of title, nor should it be used as a bargaining chip by the trader. You are entitled to a refund and the logbook has no bearing on that in my opinion
          I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

          If you need to contact me please email me on Pt@roachpittis.co.uk .

          I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

          You can also follow my blog on consumer credit here.

          Comment


          • #6
            Re: Bought car not as described

            Just had a conversation with dealer they say they cannot transfer ownership of car without the logbook I said that the log book is not a legal ownership but they are not having it

            Comment


            • #7
              Re: Bought car not as described

              Originally posted by fatpud12 View Post
              Just had a conversation with dealer they say they cannot transfer ownership of car without the logbook I said that the log book is not a legal ownership but they are not having it


              Well, if you purchase the vehicle after 1 October 2015, then you should be entitled to a refund within 14 days. If the dealer isn't willing to refund you then you have 2 options, either to wait for the update from the DVLA or alternatively you could threaten to commence legal proceedings.

              If you were to go down the legal proceedings route then I would suggest the following if not already done:

              1. Send a letter to the DVLA informing them that the dealer is now the new registered keeper and owner of the vehicle, give them the address details of the dealership and within the letter state that a copy of the letter is also being sent to the dealer. Make sure to send it either recorded delivery or get proof of postage receipt and keep hold of it.

              2. Send a letter before action giving them 14 days to refund or you will begin to commence legal proceedings for the recovery of the amount owed plus interest. You should also include a copy of the letter sent to the DVLA along with proof of postage receipt which is evidence that you have informed the DVLA of the change of registered keeper. You should again point out that the logbook is not proof of ownership of the vehicle and that should they continue to insist waiting on the logbook then you will have no other choice but to seek redress through the courts.
              If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
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              LEGAL DISCLAIMER
              Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

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              • #8
                Re: Bought car not as described

                Thank you to all have replied I will let you know how I got on cheers

                Comment

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