Hi,

I am new to this forum, but have a problem that I am really stuck on, and hoping someone can help me.

I purchased a car on 27/7/2015,

not long after this problems started occuring with the engine,

I mentioned that it was the head gasket.

However I was re-assured this was not the case,

after numerous trips to and back from the garage due to this problem,

eventually it turns out the head gasket was broken

and it wasnt possible to repair the vehicle and a full refund would be provided this was the 28/9/2015.

After numerous calls, and letters (which were returned),

I eventually having to send 2 at a time with proof of posting and not requesting a signature as I knew these would be returned.

It seems they were not readily going to give any form of refund for the vehicle,

the money owed being £1090 and £200 for a part ex vehicle.

As im with Santander I was able to reclaim the £1090 I paid, via the chargeback scheme which they offer, however the £200 did not arrive for the part ex car.

I duely contacted the DVLA,

explaining everything and placed a SORN on the car,

as I was told it wasnt possible to fix the car

and my belief was that it would remain in the garage until resolved

and that it would not be driven.

I spoke with CAB and they stated I have to goto a resolution dispute as the courts like that,

when you try to resolve out of court.

I contacted them and sent all the relevant details including proof (As I happened to record most of my calls as it didnt take long to realise they were acting dodgy).

I knew it would take a while to hear anything back,

not long after I went through a lot of personal issues which meant I had totally forgot about everthing that was going on..

Jump to just over a year later and I have now received a letter stating it was found on a road, with SORN and has been taken away and crushed,

the DVLA are wanting £449 from me for this before they take me to court.

I have spoke with CAB and they cannot advise me what to do as its a unique case.

My issue it that the car is now insured,

which I know for certain isnt through myself

and has been insured after my SORN,

I have not sent anything to state i am no longer the registered keeper as there is still money owed to me,

its a catch 21 (I either say its not mine anymore and their is no reason for them to pay me whats still owed to me, then there is the fact that they can do whatever they want with it which they have done as its been found on a road and im liable).

have been told my DVLA,

I either pay or put litigation in and get threatened with court action....

Unsure what to do, as noone seems to be able to help.

I know that if I pay the money,

its goiung to be very difficult to get it back from the dealer.

(Just look for Sandmoor motors, Batley online, yes my mistake i didnt do this before buying the car)

Any advice would be more than apporeciated, if you need further details please let me know.

so you never sent the V5C off?

No, I advised the DVLA and in writing (I cannot find proof of this), the reasoning why I was declaring SORN, that it was returned to the garage. The letter had to have been received as they put it on SORN and refunded my car tax.

The garage stated it was not possible to repair, so I presumed it wouldnt be roadworthy, hence it wouldnt be driven away at all.

I didnt return the V5C as they still owed money on the car, which I was going to get back via the ombudsman, if I compoleted the V5C then they could have said that the car was theirs and they wouldnt need to return the money they owe to me.

I never for once thought they would drive it without my permission and store it on a public highway away from the garage,

providing correct details to the DVLA has nothing to do with a contractual matter under the sale of Goods Act with a dodgy garage. Returning the V5 was never going to affect the rights or wrongs of the blown engine claim and anyway, there are such things as photocopiers.

As you say, you are still the registered keeper

I understand that this has nothing to do with it, but just wanted to explain the situation, the fact that I had not given permission for anyone except myself to drive the car however, is this not a criminal act, or is their some sort of loophole they can use.

As far as im concered the car was to remain at the garage until i got the money back, whereas the ownership could be changed, however I gave no permision for that car to be taken...

Any advice would be appreciated

cant really see anything you can do.

unless you want to litigate the garage.

but you've still gotta pay the DVLA regardless

then get that moneyback out the garage as well..

they were quite entitled to move your car

you should have sent the v5c off instead of sorn.

not owning the car never could have had any bearing on you getting money back for a part ex off em anyway

they took you for a fool in the first place

then you again left yourself wide open

and they spotted they could further screw you by putting the car out on a road.

after you charged back the money

To follow up:

I have spoken with CAB again, then the consumer helpline.

They have stated although im the registered keeper, this means that the DVLA has someone to chase, and that aslong as I can prove the car was not in my possession then I can place litigation.

They have advised the garage has a duty of care to the vehicle while in their possession this includes driving from once side of the fourcourt to the other and taking for a test drive if the vehicle is repaired, there was no repair and so the vehicle shouldnt have been driven.

I have been told that aslong as I have relevant proof the car was at the garage, and I can proof this to the courts if need be then I shouldnt have a problem.

Writing my letter today to the DVLA, but ive been informed it has to be worded correctly, unsure however if recorded conversations over the phone would work as this is my main proof I have.