Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
buying a used car - owner emigrating / v5 document sent off for cherished transfer!
Hi all,
I've seen a car that i want to buy, agreed a price etc. The problem is that the guy who owns it has had it for three years, and has a private plate on it. He's already been to the local dvla office to transfer the plate off, but they say it will take up 5 weeks for the docs to come back. He has already recieved the tax and Mot in the old number plate, but the V5 is still pending. It's been three weeks since he applied for the change and the guy is flying out on Monday for a new job in Dubai. His Girlfriend will still stay here for another month. He has suggested I put down a deposit of 250 to secure the car, and then when the V5 comes back I can collect the car, and have the g/f take the money and give me the V5 slip.
Paper work seems fine, HPI is all clear, I've called the main dealers and the service history is spot on. He has a lot of history on the car, his purchase receipt, service history, mot's etc. I've done an electorol roll check and he is registered at the address where i am buying the car from, but the girlfriend is not. He's been there for around three and a half years.
Its quite an expensive purchase (20k) so i'm worried about the fact that he's out of the country when i seal the deal. Should I be worried?
what can I do to protect myself?
I'm paying by bankers draft in the same name as on the V5 document, which HPI check says is valid.
Re: buying a used car - owner emigrating / v5 document sent off for cherished transfer!
The V5 is a declaration of the Registered Keeper, NOT the legal owner. Therefore,as long as the purchase is carefully receipted and signed etc, there is nothing stopping you buying the car completely and taking it away with you. The V5 can then just be transferred into your name as soon as it arrives.
I have sold a car like this before and then when the V5 arrived I met the guy again just to sign the document over to him. You appear to have done a lot of checks on the car/seller and seem convinced everything is in order. All that remains is whether you think there is any further risk in completing the deal.
Re: buying a used car - owner emigrating / v5 document sent off for cherished transfer!
Originally Posted by crem
The V5 is a declaration of the Registered Keeper, NOT the legal owner. Therefore,as long as the purchase is carefully receipted and signed etc, there is nothing stopping you buying the car completely and taking it away with you. The V5 can then just be transferred into your name as soon as it arrives.
I have sold a car like this before and then when the V5 arrived I met the guy again just to sign the document over to him. You appear to have done a lot of checks on the car/seller and seem convinced everything is in order. All that remains is whether you think there is any further risk in completing the deal.
Hi Crem,
thanks for the rapid response
You mention ensuring the purchase is carefully reciepted and signed etc, what do you mean by that? I intend to write a reciept stating that the car was sold by <owner> to myself on this date at this time for the sum of <blah>, and having the girlfriend and myself sign it, with a witness signature from a friend who'll come with my to collect the car. Is that sufficient?
Also, with the registered keeper being out of the country, will the girlfirend be allowed to complete the V5 registration doc once it comes back? I intend to take a stamp addressed envelope with me to ensure that the V5 is posted there and then.
On the whole I am happy with the owner and the car, but its just this little niggle which is worrying me. The last thing I would want is to find a month down the road, that the previous owner states that they were'nt in the country at the time of the sale, and they didn't authorise the sale etc.
Re: buying a used car - owner emigrating / v5 document sent off for cherished transfer!
Originally Posted by nmp_uk
You mention ensuring the purchase is carefully reciepted and signed etc, what do you mean by that? I intend to write a reciept stating that the car was sold by <owner> to myself on this date at this time for the sum of <blah>, and having the girlfriend and myself sign it, with a witness signature from a friend who'll come with my to collect the car. Is that sufficient?
IMO. yes
Also, with the registered keeper being out of the country, will the girlfirend be allowed to complete the V5 registration doc once it comes back? I intend to take a stamp addressed envelope with me to ensure that the V5 is posted there and then.
Strictly no, but it won't be a problem. You can apply for a V5C ibn your name at any time by sending a V62
On the whole I am happy with the owner and the car, but its just this little niggle which is worrying me.
Whilst not planning to go abroad, I have a cherished VRM and every time I sell the car, the V5C follows a few weeks after the sale. The rules of transfer state that the vehicle should not be disposed of until the transfer is complete and the new V5C received; IOW, the guy your buying from is the one with the the risk - he could lose his Cherished VRM forever.
Re: buying a used car - owner emigrating / v5 document sent off for cherished transfer!
100% walk away. 20k and it turns out he is a fraudster, stolen car, cloned car or anything else at all, who are you going to chase? £200 car fine, £20k car? Not a chance. In fact don't walk away, run as fast as you can with your hand firmly on your wallet.
Re: buying a used car - owner emigrating / v5 document sent off for cherished transfer!
Originally Posted by patdavies
IMO. yes
Strictly no, but it won't be a problem. You can apply for a V5C ibn your name at any time by sending a V62
Whilst not planning to go abroad, I have a cherished VRM and every time I sell the car, the V5C follows a few weeks after the sale. The rules of transfer state that the vehicle should not be disposed of until the transfer is complete and the new V5C received; IOW, the guy your buying from is the one with the the risk - he could lose his Cherished VRM forever.
Hi Pat,
thanks for the response - This is good news. So in short, by buying the car with a hand written receipt which states that ownership of the car is now transferred to me, signed by the g/f and witnessed by my friend, there is no come back on me regards legal title?
Re: buying a used car - owner emigrating / v5 document sent off for cherished transfer!
Originally Posted by Britainsworstdriver
100% walk away. 20k and it turns out he is a fraudster, stolen car, cloned car or anything else at all, who are you going to chase? £200 car fine, £20k car? Not a chance. In fact don't walk away, run as fast as you can with your hand firmly on your wallet.
Re: buying a used car - owner emigrating / v5 document sent off for cherished transfer!
Originally Posted by nmp_uk
Hi Pat,
thanks for the response - This is good news. So in short, by buying the car with a hand written receipt which states that ownership of the car is now transferred to me, signed by the g/f and witnessed by my friend, there is no come back on me regards legal title?
Many thanks
There won't be any come back on legal title as the receipt shows that ownership[p has passed to you and the HPI has shown that it is his to sell.
Re: buying a used car - owner emigrating / v5 document sent off for cherished transfer!
Originally Posted by patdavies
Don't be - you've done a full HPI and the car is clear.
does the HPI check provide any guarantees in a situation like this?
they've confirmed the VIN (reg mark) matches the chassis number, they've confirmed no finance, no accident damage, and also the serial number and issue of the new V5 document.
I intend to check the engine and chassis number from the HPI check against the car to be sure.
Re: buying a used car - owner emigrating / v5 document sent off for cherished transfer!
There's always someone who wants to throw a spanner in the works isn't there!
I have sold a car like this before, and I know patdavies has said he has done it several times. There is nothing inherantly risky in doing this as long as you have carried out all the checks you say you have done. After all, the V5 as I said is only a record of the Keeper, not the owner.
As for the V5 getting signed over when it arrives, well the DVLA don't hold copy signatures, so can't validate who actually signed the V5 as "seller" can they? It could have been signed by the person named on the V5, or the binman, or the girlfriend. The only challenge to this would be from the RK claiming he didn't sign it, and why would he do that?
Re: buying a used car - owner emigrating / v5 document sent off for cherished transfer!
btw nmp uk, you still seem to be implying that you are not going to purchase the car until the RK has gone to Dubai and the g/f has the V5 back. If so. why so? Do the deal now with the official seller, write out all the receipt, including a line in it where you agreed to release the cherished plate back to him, and take the car away. It is only the new V5 you should be waiting for, there is no need to delay the purchase and you can take the car now while the RK is still in the country, all correctly receipted and signed for.