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    • I understand what you mean. But consider that part of the problem, and the frustration of those trying to help, is the way that questions are asked without context and without straight facts. A lot of effort was wasted discussing as a consumer issue before it was mentioned that the property was BTL. I don't think we have your history with this property. Were you the freehold owner prior to this split? Did you buy the leasehold of one half? From a family member? How was that funded (earlier loan?). How long ago was it split? Have either of the leasehold halves changed hands since? I'm wondering if the split and the leashold/freehold arrangements were set up in a way that was OK when everyone was everyone was connected. But a way that makes the leasehold virtually unsaleable to an unrelated party.
    • quite honestly id email shiply CEO with that crime ref number and state you will be taking this to court, for the full sum of your losses, if it is not resolved ASAP. should that be necessary then i WILL be naming Shiply as the defendant. this can be avoided should the information upon whom the courier was and their current new company contact details, as the present is simply LONDON VIRTUAL OFFICES  is a company registered there and there's a bunch of other invisible companies so clearly just a mail address   
    • If it doesn’t sell easily : what they can get at an auction becomes fair market price, which may not realise what you are hoping.
    • Thank you. The receiver issue is a rabbit hole I don't think I'm going to enjoy going down. These people seem so protected. And I don't understand how or why?  Fair market value seems to be ever shifting and contentious.
    • Hungary is attempting to be a world power in manufacturing electric vehicle batteries, despite locals' reservations.View the full article
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    • If you are buying a used car – you need to read this survival guide.
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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bought a car saturday afternoon no tax supplyed are you able to drive it around?


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gwc1000...

 

Out of curiosity (...whilst also trying to drag the Thread back ON Topic),

how often/many cars would U sell to 'Mr Average Joe Public' on an average late Sat afternoon, when U KNEW it would be extremely difficult for them to be able to Tax the vehicle that U were selling them??...:confused:

 

Do U have a cut-off time, for instance??...:confused:

Yes please let's get back on topic. As I stated in an earlier post we have a post office within four miles of us who is open Monday to Saturday until 6pm. and does road tax. I have driven many people there on a Saturday afternoon to get road tax. More often than not the vehicle isn't taken on the day of sale anyway.

Anyway back to the OP's question: No you shouldn't have driven it!

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I have never taken a car on the day of purchase.

 

Not being awkward gwc, think of the moral side more on those few sales where you have no evidence of insurance. It only takes a second for a driver to run a child over. Whether the driver is at fault would be irrelevant, whereas untaxed, uninsured and recently having left your garage could well be a unrecoverable disaster for your business after a factual local press report.

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???...What would the point be of buying a car + then leaving it on a garage forecourt uninsured???...:confused:

Whenever I have bought a car, I have ALWAYS signed on the dotted line + immediately driven the car away the same day, AFTER I have arranged my insurance.

Who would be liable, if a car was damaged/stolen, if it HAD been left on a garage forecourt over a night/weekend??...:confused:

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MTAR...

I am NOT being pedantic!

My question was for gwc1000 anyway btw.

I just find it extremely strange, that both U + he seem to think that it's quite normal + ok to 'PURCHASE' a car one day, then take the car away on another day??...:confused:

My questions related to the legality of ownership/insurance liability, should anything untoward happen to said vehicle in the interim 'grey' period...;)

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MTAR...

 

I am NOT being pedantic!

My question was for gwc1000 anyway btw.

 

I just find it extremely strange, that both U + he seem to think that it's quite normal + ok to 'PURCHASE' a car one day, then take the car away on another day??...:confused:

 

My questions related to the legality of ownership/insurance liability, should anything untoward happen to said vehicle in the interim 'grey' period...;)

Well, normally the customer has only left a deposit, so should something happen to the car in the meantime, for instance be stolen, I would return the deposit and either try and sell them something else or if nothing took their fancy I would accept that I have lost them. I would then make a claim on my own insurance. If the car has been paid for outright, and it was stolen from my premises, morally I would still feel liable and give them a complete refund and make a claim. Obviously when making a claim on a trader's policy you would only normally get a "trade value" on the car.

Remember, when buying a car or for that matter anything at auction the item becomes your responsibility as soon as the hammer falls. The auction will take no responsibility after the hammer comes down. So if say you buy a house at auction at 1pm and it gets burgled or vandalised at 1.15pm it is down to you.

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I think everyone needs to calm down a bit here. Some of the comments are starting to get into territory that could be viewed as quite dangerous

 

The idea of this forum is to exchange views and not legal opinion.

 

For those of you that don't know, it is the user/owner of the vehicle to prove that they had insurance at the time they were driving on the road. It is not for the prosecution to prove they weren't.

 

As far as I am concerned, as soon as the sale is complete the new owner is responsible for having the relevant documents including tax and insurance. There is no conspiracy. If you really want to push the point make sure you also have a bail of hay in your boot (taxi drivers) and a man with a sign walking in front of you.

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The idea of this forum is to exchange views and not legal opinion.

 

This forum seems a lot worse than most others, in that there are a large number of people who will happily post what they _think_ is the truth, without either qualifying it, or checking it first. As I said a few pages earlier, some of them don't seem to have any knowledge/experience of how the REAL WORLD operates.

 

Theres a garage in my home town, I have the image in my head now, typical back street couple-of-hundred-quid place, I can just imagine some of these little Hitlers saying to the burly rough blokes who run it "you cant let me leave with no tax, you've got to go tax it" - and then getting their head kicked in!

 

I'm sure the traders on here are well aware, but it is entirely possible for a car to have no MOT and yet be roadworthy, just as it is for a car to have been MOT'd yesterday and not be roadworthy today.

 

Just in case anyone was wondering, I have qualifications in company and employment law (but do not practice). I certainly don't claim to be right, but have experience advising businesses of various types (inc the motor trade) on various compliance issues.

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Despite what some dealers might claim there is a duty on them to ensure that a vehicle sold by them & then at the outset taken onto the public highway complies with the law.

 

Reputable dealers will insist on sight of a valid insurance certificate & that the car is taxed before allowing it's removal by the purchaser

 

They cannot claim "it ain't my problem" after selling it & those dealers who think they can, without possible repercussions, should consult a competent solicitor before doing it again.

 

We all have general 'duty of care' when we go about our daily activities & that is why firms have public liability insurance & to allow an unlicenced or uninsured vehicle to be driven on a public road is a breach of that duty

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Despite what some dealers might claim there is a duty on them to ensure that a vehicle sold by them & then at the outset taken onto the public highway complies with the law.

 

Reputable dealers will insist on sight of a valid insurance certificate & that the car is taxed before allowing it's removal by the purchaser

 

They cannot claim "it ain't my problem" after selling it & those dealers who think they can, without possible repercussions, should consult a competent solicitor before doing it again.

 

We all have general 'duty of care' when we go about our daily activities & that is why firms have public liability insurance & to allow an unlicenced or uninsured vehicle to be driven on a public road is a breach of that duty

 

Excellent response JC - Can we now have the legislation and/or case law that reiterates this to put it to bed once and for all?

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Well, normally the customer has only left a deposit, so should something happen to the car in the meantime, for instance be stolen, I would return the deposit and either try and sell them something else or if nothing took their fancy I would accept that I have lost them. I would then make a claim on my own insurance. If the car has been paid for outright, and it was stolen from my premises, morally morally has nothing to do with it. If it's in your care you ARE responsible no matter what any displayed signs might claim I would still feel liable and give them a complete refund and make a claim. Obviously when making a claim on a trader's policy you would only normally get a "trade value" on the car.

Remember, when buying a car or for that matter anything at auction the item becomes your responsibility as soon as the hammer falls. The auction will take no responsibility after the hammer comes down. Wrong, even auctions have a duty under the SAGO to ensure the vehicle is as described. Most allow a period of 24 hours during which time you can return it of found not to be the case. So if say you buy a house at auction at 1pm and it gets burgled or vandalised at 1.15pm it is down to you.

Irrelevant comparison

 

As for you having no responsibility for a vehicle stolen from your premises, even one you don't own, I strongly suggest you seek legal advice.

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Reputable dealers will insist on sight of a valid insurance certificate & that the car is taxed before allowing it's removal by the purchaser

 

Can you give an example of such a dealer, and also advise whether they are on planet earth or planet JC?

 

Please tell us what happened the last time you (or your parents) bought a car, specifically in terms of all these documents you showed to the dealer!

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...Remember, when buying a car or for that matter anything at auction the item becomes your responsibility as soon as the hammer falls. The auction will take no responsibility after the hammer comes down. So if say you buy a house at auction at 1pm and it gets burgled or vandalised at 1.15pm it is down to you.
I didn't mention ANYTHING about auction sales in MY Post!

...I SPECIFICALLY stated 'garage forecourt'!...:mad:

 

U have also 'neglected' to answer my previous questions re: Sales on late Sat afternoon etc....:rolleyes:

 

btw...How often do U have to Claim on your 'Traders Policy', for damage/theft relating to cars having already previously been 'PURCHASED' by customers, who have NO insurance themselves at the time??...:confused:

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think of the moral side more on those few sales where you have no evidence of insurance. It only takes a second for a driver to run a child over.

 

What's that got to do with anything? If the driver was insured it would still only take a second to run a child over. I have no idea why the emotional cards are being played - insured drivers run children over too.

 

 

MTM I don't know where you buy your cars from but when you buy cars from a dealer, you normally pay the deposit to secure the car, and then collect the car a few days later. From my own personal experience, in this time the dealer will normally clean the car and get it valeted, and more often than not will get the car taxed on my behalf (using their own insurance, and yes - this is a very reputable dealer). It also gives me adequate time to change my insurance and check the details carefully on my new insurance certificate so that I have peace of mind when I go back to collect the car.

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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Barracad, here is the rest of post 77.

 

Whether the driver is at fault would be irrelevant, whereas untaxed, uninsured and recently having left your garage could well be a unrecoverable disaster for your business after a factual local press report.

 

We were simply discussing the legal & moral issues of garage owners allowing untaxed and uninsured cars on the road to new buyers. The above was the most extreme example of morals, together with possible effects.

 

Yes, the same could happen to an insured driver but in the same scenario there would be a totally different view of the garage.

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Can you give an example of such a dealer, and also advise whether they are on planet earth or planet JC?

 

Please tell us what happened the last time you (or your parents) bought a car, specifically in terms of all these documents you showed to the dealer!

 

 

The last time (& at least 2 times previously) I purchased a vehicle from a reputable franchised dealer I had to produce an insurance cover note (a copy of which my broker 1st faxed, then delivered) & they said they couldn't release the vehicle until it was taxed as it was illegal to drive a vehicle on the public road whilst not displaying a valid excise licence which of course is correct.

 

Like I said if any dealers here have any doubt as to my statements then consult a competent solicitor

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they said they couldn't release the vehicle until it was taxed as it was illegal to drive a vehicle on the public road whilst not displaying a valid excise licence which of course is correct.

 

 

Which is utter nonsense.

 

The requirement does not apply to exempt vehicles. A vehicle travelling to/from a written MoT test appointment is one of the most common exemptions - and it applies whether or not the MoT test is legally required. In theory, you could book a test for a brand new vehicle and it would be an exempt vehicle - daft, but true.

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Which is utter nonsense.

 

The requirement does not apply to exempt vehicles. A vehicle travelling to/from a written MoT test appointment is one of the most common exemptions - and it applies whether or not the MoT test is legally required. In theory, you could book a test for a brand new vehicle and it would be an exempt vehicle - daft, but true.

 

What the heck has this got to do with what JC said about having a valid tax disc?

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when i bought my car from a dealer they said they do not tax vechicles they sell. this was on a saturday afternoon so i could only tax it on monday, i had the rest of my particulars, insurance etc was i still legal to drive? i have been unable to find out any were else.
I believe that this is a similar scenario to the OP's original question?!...;):p

...lol...:D

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