Dodgy Car Dealer

**Kayley** · 18th January 2025, 06:07:AM

Hi Pezza we used the V62 to sign over the vehicle to us in October when we realised the dealer had kept the original V5. So we received a new log book in our name. When we took the car back we changed the V5 on-line to the dealer.

**Pezza54** · 18th January 2025, 09:38:AM

I didn't realise it was that easy but you are right, you can transfer the vehicle to another registered keeper online
I wonder how many keepers are surprised to receive fines for a vehicle they didn't know was registered to them (until they receive the V5C or a letter from the DVLA)
I take it you are now waiting to see how the dealer responds

**Kayley** · 19th January 2025, 10:49:AM

Yes he has until the 15th February to file a defence or pay. We shall of course accept mediation and all we really want is our money back for the car so we can buy a reliable one. Won't push for the other expenses.
As I said he is getting nasty now and I wish I could name and shame him!!

**Kayley** · 31st January 2025, 11:46:AM

Update!
Not had and reply yet apart from the Court telling us he has legal representation and we must deal with them direct, by post and online updates will not be available. Bit off putting but will investigate what we do next after 15th.
My question now though is this:-
He has had the car MOT'd although it had one valid until May and we believe he will try and sell the vehicle on to some other poor unsuspecting person.
We changed the V5 document into his name but that doesn't make him the owner and free to resell???
Can we do anything to prevent him trying to sell the car?

**Pezza54** · 31st January 2025, 14:05:PM

I don't know how you can stop him selling the car. Wait to receive his defence from the solicitor
Make diary notes of what has been said, correspondence, date the car returned and where left etc in readiness for your witness statement

Did you take any photos of the car at the dealers premises on the day you returned it?

The V5C isn't proof of ownership. The seller needs an invoice/receipt to prove ownership
Unfortunately many customers will trust a dealer and believe what they are told about the history and ownership of the vehicle
Some customers might ask to see the V5C, service and mot records

If you were to lose your claim in court, the judge is likely to order the car to be returned to you. If the dealer has sold it on the judge is probably going to award you compensation, taking into account the condition of the car when it was returned

**Kayley** · 31st January 2025, 16:40:PM

Thank you. Yes photos and videos.The new MOT was done 3 days after we returned it AND it flagged one of the issues that we rejected the vehicle for.
The return has not been acknowledged either by him or Lawgistics and as we do not have the log book reference number we cannot find out who or where it was done.
We kept our part of the V5 passing the green part along with the key. We kept the MOT records and Service history (what there was!) and the spare key. There are also detailed videos of the condition which he took and we have asked for copies which he has ignored.
He admitted that the condition was fine but a week later he withdrew the previous offer (which he made and we rejected. See previous comments) then as the car smelled of smoke and had some dog hairs in the boot.
Both of these we dealt with before we returned the car but it appears that will be the basis of any defence.

I believe that if we do not hear anything after the time period we can ask for a judgement by default??

He wrote to the DVLA trying to blame them for not notifying him that we had obtained the new V5 and trying to excuse the fact he did not send the old one off because he thought the car would go back to him. I believe he had a legal duty to send the V5??

We have documented proof that we taxed and insured the car as necessary including "unSORNing" for the return drive and then changed to him once we left the car on his drive. Can prove everything we stated on our submission.

Thank you again This has all been very helpful and as others have stated it is very stressful and time consuming

**Pezza54** · 31st January 2025, 16:54:PM

If the defendant dealer has appointed a legal representative then the chances are this lawyer will file a defence before the deadline.

A claimant can file the Request for Judgement form if they do not receive the defence by or soon after the latest date for filing this document.

However, if the defence is filed before the issue of the default judgement order, the default judgement will not be issued even if the defence is filed late

**efpom** · 31st January 2025, 20:25:PM

Lawgistics is NOT a solicitor firm

**des8** · 31st January 2025, 21:16:PM

Lawgistics is not a regulated organisation, but the people working there include two solicitors who are regulated

**Pezza54** · 31st January 2025, 21:27:PM

Agreed. The company does employ solicitors and are authorised to provide legal advice to the motor industry

In post 19 Kayley stated the defendant now had legal representation and future correspondence should be sent to this representative. Perhaps Lawgistics advised the dealer to appoint legal representation

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**Kayley** · 21st February 2025, 08:21:AM

Current status is I have completed the N180 form. As suggested on the N180, I tried a final effort to accept a reasonable settlement of the cost of the car, the Warranty money the Defendant has kept and the initial court cost (which wasn't any cheaper using the MCOL service). No acknowledgement received.

The defendants N180 form was returned three days ago and he will not accept a judgement without a hearing apparently due to the complex technical issues and he wants " to cross examine the opponent". He'll be lucky I could probably just manage to change a tire!!
It feels like I am on trial!!

The MCOL is proving a waste of time. Filed my claim but the defendants solicitor either cannot or would not use the online system and sent their defence by eMail.
Now the MCOL account will not be updated and all correspondence between me and the solicitor/defendant will be by post or eMail.
I can only assume that Court documents WILL be uploaded.

**Pezza54** · 21st February 2025, 12:00:PM

I could be wrong but I thought a claimant or defendant could email documents to MCOL (after the claim has been started on MCOL) and the online system would be updated
If and when the claim is allocated to a county court, MCOL ceases to be updated further, and future correspondence is filed with the county court by paper or via the court's email address
Following filing of yours and the defendant's DQ, you should receive confirmation of the track that has been allocated, and if the small claims track (for claims under £10k), the court will arrange a date and time slot for mediation

**Kayley** · 20th May 2025, 10:51:AM

Update!! Just finished a court mediation phone call. We were called liars and said that we have illegally transferred ownership back to him when we returned the car on January 12th. Doesn't believe the full diagnostic test results done by Audi and sent to him.
Would not accept any offer or make any offer as we will lose in court. So he still has all our money and the car and, in our opinion, has fraudulently kept the Warranty money which he cancelled without our knowledge or consent precluding any opportunity to get repairs done and he failed to return the V5 form which we understand is a legal requirement? Can we take any other action regarding the withheld Warranty refund?

**Pezza54** · 20th May 2025, 12:20:PM

Hopefully you included the cost of the warranty in your court claim. It does sound as if your claim is going all the way to a final hearing
The strength of your claim lies is the specialist Audi garage report
Did you ask the court's permission to use an expert report in your N180?

Dodgy Car Dealer

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