Am I being taken for a ride?

[H 8 ROK]

Does anyone out there have any ideas/advice for this problem?

Bought the wife a Chrysler 300c last March, brand new from local dealership. Never received renewal for tax so contacted DVLA.Apparently car was never registered to me but to some other company within the dealership.

Spoke to insurance company who said it was a good job we hadn't needed to claim as the insurance was void because I was neither the registered owner or keeper as I had stated on the insurance proposal form.

The garage has been useless and the car still isn't registered to me. I cannot drive it, have been driving with no valid insurance for 12 months and now have a car that will show a previous owner for 12 months when eventually ownership is transferred to me!

They have offered me a free service and 12 months tax!!

Any comments welcome

[Fidgits]

sounds like to me that you bought a car that wasnt transferred to your ownership - i'd demand a full refund and give the car back - since it was never legally yours in the first place...

oh, and expect this to be moved..

[shadowninja]

I'd ask for a letter proving to potential buyers that they cocked things up.

[neilboyd]

Fidgits said:

i'd demand a full refund and give the car back - since it was never legally yours in the first place...

That certainly sounds like its worth a try.

Given the dealership won't be able to put you into the position you should have been in in the first place (i.e. where you are the first owner) I would argue that a full refund should be your opening gambit.

Realistically, however, I suspect that a refund MINUS a negotiated amount to reflect the usage you've had is more likely.

Best of luck.

Neil

[Fidgits]

yeah, i doubt they will go for the full refund, aruging you had hte use of the car for a year.

But starting there gives you a good negotiation to agree that they take the car off your hands at an agreeable price (RRP minus whatever use you got from it)... best to find a car for sale from the dealer with a similar age/spec and demand that for the car in cash.

[H 8 ROK]

Fidgits said:

yeah, i doubt they will go for the full refund, aruging you had hte use of the car for a year.

But starting there gives you a good negotiation to agree that they take the car off your hands at an agreeable price (RRP minus whatever use you got from it)... best to find a car for sale from the dealer with a similar age/spec and demand that for the car in cash.

dealer has got same year/model of car for sale with twice the mileage and less extras for £27k. He offered me £20k for it. Checked with a few dealerships elsewhere and got offered £25k.

[Fidgits]

H 8 ROK said:

Fidgits said:

yeah, i doubt they will go for the full refund, aruging you had hte use of the car for a year.

But starting there gives you a good negotiation to agree that they take the car off your hands at an agreeable price (RRP minus whatever use you got from it)... best to find a car for sale from the dealer with a similar age/spec and demand that for the car in cash.

dealer has got same year/model of car for sale with twice the mileage and less extras for £27k. He offered me £20k for it. Checked with a few dealerships elsewhere and got offered £25k.

well, they have to take it off your hands - as they have taken your money without giving you the car - so legally they have to take the car, and give you suitable refund.

Best bet is to get a solictor to write them a letter threatening court - that would get it moving pretty damn quick!

[griffonmark]

As you paid for the car and drove it away you are the owner. The car was sold to you, regardless of what is on the V5 as registered keeper. As you have kept the vehicle you are deemed to have accepted it warts and all, hence it is unlikely that you would have a valid claim for recision of contract. However, there is a good argument that you have suffered a loss as a result of a fundemental breach of the sale, ie you have been sold a car that is preregistered. I would suggest you get evidence of the difference in value between a preregistered vehicle and a new vehicle, perhaps by contacting dealers who advertise preregistered vehicles of a similar ilk and then getting a written quote for a non preregistered vehicle. Any difference would be your loss at the time of sale, which is the point at which your loss should be assessed. Please note that all this is merely my own opinion and should no way be taken as advice in any form either legal or otherwise. I am not a lawyer! Regards, Mark

[jase k]

I would just sell the car (back to dealer if he offers enough) and then buy the actual car that you want which would ba a new SAGARIS!! haha.
Dont give in to them and push the little weasel for as much as you think you deserve as you now own a 2nd hand car, which many people would be put off from buying as the 1st keeper was a leasing co!
Good luck cos i think you may need it!! see ya soon x

[Robatr0n]

As the insurers areant playing ball, tell them you want a full refund afterall its only fair!

They have basically taken your money for insurance knowing full well they wouldnt pay out in the event of an accident.

As for the dealership, kick up a huge fuss and tell them you want something dont pronto. Make sure you make ridiculous demands i.e. They take the car back and pay you a shit load of money, if they areant interested, the press will be!!

[hiasakite]

What happened?- is there an update on this?

[H 8 ROK]

hiasakite said:

What happened?- is there an update on this?

I have just got the V5 form back in the post on Friday. Got an appointment with the Solicitor on Monday, unfortunately I have had to wait to get the actual form so that the previous owner and the date the vehicle was transfered to me can be verified. Will post update when I have something more concrete. Cheers