Thread: Please Help - Dodgy Trader - In a Real Mess Here

I have been stupidly naive and I think I am now in a real mess.

I have bought a car from a trade garage and given them mine in part exchange. The problems are many:

- I had no logbook with my car when I traded it in as I had sent to the DVLA to update the address. The trader was ok with this so long as I provided proof of purchase and sent the new logbook through when it came to me. I have since found out this technically means I am still liable for the car, and the tax is due at the end of this month. I have also moved the insurance on to the car I traded it in for. I am therefore still registered as keeper on the old car with the DVLA. What can I do? I have read elsewhere that sending a letter to the DVLA to notify them of the transfer can be sufficient but not sure. I have a receipt to prove they took it as p/x.

- The car I have bought does not have a full logbook either. It has been sent off for a plate transfer as the car previously had a private plate. The trader said this didn't matter as the paperwork was sent to the DVLA and it was just a matter of him receiving it and forwarding it me on. He gave me the green slip on the 2nd page for the time being so I could tax it, as the new car also has tax expiry this month. I have since found out that the version of the logbook the slip is from is not the most recent copy and is not valid.

- The trader has sold me the car with the registration plates on that it will take once the transfer has taken place. He told me this was normal practice. I have since found out from the DVLA that this is illegal as the car registration transfer is not yet complete. I therefore cannot drive the car until this comes through.

- The trader advertises on his website that all cars are HPI checked. I ran a cheap mycarcheck off before I bought and it said it wasn't stolen, etc. It does not mention finance on it, however I didn't really understand this was part of the car check. I just wanted to make sure it wasn't stolen. After finding out the other problems my faith in the dealer is lost and I have since run a full HPI check with RAC which shows there is outstanding finance against the car. I contacted the dealer about this and he told me there was definitely no finance on it, but he got it as a p/x and has settled the amount with the finance company. He gave me a copy of the settlement quote and a photocopy of a cheque stub for the cheque he claims to have posted to them. I am going to contact the finance company and see if any such payment has been received.


I am in a real mess over all of this. The garage did not seem dodgy as it has a large, high value stock, has been established for a while, main road location, etc. I bought in good faith but feel I have been [problem]med by the trader. I am worried about my old car as I am technically still liable for it and if I push him too far what's to stop in driving fast through a few speed cameras? He has sold me the new car in an illegal state - the wrong number plate, and also with outstanding finance on it so it wasn't ever his to sell (unless he really did make that payment, but I doubt it). I read that if you buy a car from a dealer in good faith (which I take to be reading that all cars are HPI checked and being told that no finance is outstanding on the car) then under the Consumer Credit Act the first innocent private purchaser would not be chased by the finance company - they would have to take it up with the trader and the person who took out the agreement. I hope this is the case.

I have taken screen captures of his website showing his claims, and also of the ad for the car I bought to prove it was on sale with the wrong plates. I have taken a capture of my old car, which is now listed on the site as sold (I presume this is to reserve it until I send him its full logbook).

What the hell should I do? I will not be driving the new car illegally, but I am stuck with it at the moment, parked off road. I am not experienced at buying or selling cars and this has been a nightmare, I have already lost lots of sleep and been sick, and can imagine this getting a lot worse yet. Please help me.

The story above does not say where you are in Great Britain however, things appear to be pretty similar in England and Wales but may be slightly different in Scotland.
The first thing you do is print off a copy of your statement above. Then, armed with this and all paperwork pertaining to the transaction, take a bus to your local Town Hall and ask to speak to someone from Consumer Direct and let him/her read the facts. They will - a) Give you a reference number. b) advise you and c) start the ball rolling in the direction of justice if indeed the dealer is dodgy. DO NOT TAKE AMATEUR ADVICE!! GO TO THE PROFESSIONALS.
You could also contact the DVLA and ask about a SORN declaration on your old car.

Thanks for your reply.

I rang the finance company and they told me no payment of the settlement has been made by the trader. I decided this was the last straw to take things further.

I phoned Consumer Direct and went through each point (got the reference too). She said as long as I wasn't aware there was finance on it when I bought it, I will not be liable for the finance - they will have to chase him. Obviously I wouldn't have bought the car if I was aware.

She also said that since the registration didn't match the current title, there was a breach of Trade Descriptions and I could reject the car on the Sales of Goods Act and seek a full refund (my part ex back, plus the balance, or the full amount if my p/x has been sold). She advised to put this in writing and asap if I am going to reject (better within 7 days or they can argue acceptance of goods). If he does not refund me, they would then get involved to take things further (she has his business name and my name).

I also have grounds to reject the car since the settlement has not been met with the finance company - he has sold a car he didn't own and this is also a breach.

With all this in mind, should I panic and try to go for the refund, and set myself up for a possible long and drawn out process? Or should I give it a couple more days for the paperwork and check the finance again, and then take things further (still within the 7 days, but only just)? Or a combination of the 2, i.e. threat of further action in writing (email for speed) if finance not cleared and paperwork not cleared by close of play Monday.