Well known car dealer issues ** Settled **

[Swisstony247]

Hello,

 

First post so be gentle. I recently saw a car online that had no photos but was from a well known dealer franchise, I contacted them to enquire about photos and some were sent to my email.

 

It looked OK on face value but obviously I needed to see it in person. I left a £500 reservation deposit and was happy that if the car was good I would pay the balance and the car would be mine.

 

A few days later I realised that on one of the photos the drivers seat looked like it had a white stain on it (very difficult to see from the photo)

 

I asked the dealer if it was a stain and he said yes we'll try to get it out but I can't guarantee anything. I was annoyed that it hadn't been disclosed in many of our previous correspondence and therefore told them I no longer wanted the car due to its condition.

 

They agreed to refund my £500 and despite having wasted £28 on a train ticket I was satisfied with the outcome.

 

Fast forward a week and I enquired as to where my money was to be told "well we registered it in your name so if you could post the v5 back to us we'll refund you!

 

I cannot believe they did that I mean I hadn't even physically seen the car!

 

Where do I stand now? not only am I liable as a registered keeper for anything that happens but they are withholding my money for a mistake that they made.

 

Sorry for the long post:-(

[BankFodder]

What is the name of the dealer franchise? And what is the name of the particular dealer?

 

If it is a franchise then there will be some kind of head office which will be concerned about controlling quality and standards of their franchisees.

 

I would start off by riding a stiff letter to that head office and also to the dealer.

 

Furthermore, I would write a letter to the DVLA and inform them that you are not the registered keeper all the owner of that vehicle and that you understand a registration has been made in your name and it has been made without your authority and as far as you're concerned it may have been made fraudulently.

 

Tell the head office and the dealer that this is what you're doing and send everybody copies of everybody else's letters.

 

I would give them seven days to respond with your money. If you do not get a proper response within seven days then come back here.

 

I suppose that one of the problems is that by the time you have started any kind of action to recover the money you will have received the necessary document from the DVLA and you will have returned it to them.

 

I have heard of this kind of thing happening before and I have to say that it's not acceptable at all.

 

I would suggest also that you make a complaint to trading standards which you will have to through citizens advice. Let everybody know that you are doing that as well.

 

In addition to posting on this forum I suggest that you also go to some review websites and post your experience of their.

 

These kind of people hate that kind of publicity.

 

We can certainly help you with some more solid and more aggressive action but as I have said, it may all be over before you can start lodging papers

[Swisstony247]

Thanks for the reply, I was going to ring the DVLA tomorrow and also the dealer which is a Bristol Street Motors franchise and is Fiat Newcastle.

 

I will definitely be following up with letters to all the people you outlined in your reply as this is not acceptable at all I'm still in a state of disbelief to be honest I haven't even paid for the car!

[Guest roaringmouse]

You never bought nor did you agree to buy the car. If they chose to send of the V5c, who signed as the new keeper? You didn't! So they have forged your signature too? That is a criminal offense. I would point that out to them and DVLA.

[king12345]

As the op is officially the registered keeper and owner of the car, couldn't he request the car from the dealer by waving the v5c at them?

[Swisstony247]

As the op is officially the registered keeper and owner of the car, couldn't he request the car from the dealer by waving the v5c at them?

 

Normally I would say no as it does say on the V5 "not proof of ownership"

 

However I wonder how far I would get emailing this:

 

Hello,

 

I understand that you have accepted payment of £500 in full for the Alfa Romeo giulietta (insert reg) as you have sent me an email thanking me for my purchase and have also registered the car in my name.

 

When would be a convenient time for me to collect my car?

 

I wonder what they might do?

[king12345]

Normally I would say no as it does say on the V5 "not proof of ownership"

 

However I wonder how far I would get emailing this:

 

Hello,

 

I understand that you have accepted payment of £500 in full for the Alfa Romeo giulietta (insert reg) as you have sent me an email thanking me for my purchase and have also registered the car in my name.

 

When would be a convenient time for me to collect my car?

 

I wonder what they might do?

 

If i was a judge i would take that email as undeniable proof that the car is yours.

A bit stupid of the car dealer registering a car in your name before you even saw the car

[Swisstony247]

If i was a judge i would take that email as undeniable proof that the car is yours.

A bit stupid of the car dealer registering a car in your name before you even saw the car

 

Agreed. I'm completely dumfounded by the whole experience really.

 

Like I have said to them, if they are keeping my £500 and have registered me as the keeper together with the email I can only assume they have accepted it as full payment and the car is now mine.

 

No response as of yet but hopefully it will spur them on to a refund quickly.

[Guest roaringmouse]

If they are prepared to forge a signature on the V5c, are they also prepared to forge it on a finance application for the balance of the car price?

 

I would give them written notice of 14 days to refund you or you will issue a summons via moneyclaim online. I am very confident that any county court judge would immediately order them to pay as they are in breach of the consumer regulations 2013 and are indeed guilty of fraud if they forged your signature on a legal document.

 

I have never heard of anything quite like it!

[Swisstony247]

Quick update,

 

The group manager rang me this morning and was very apologetic, he has told the finance department to issue a full refund immediately and has said he is disappointed at how they have handled the situation.

 

With regards to the V5c he was as astonished as I was and assures me he is looking into it, as he is new in the position I get the feeling there are a few things he would like to see changed.

 

He is sending me a full written apology and a stamped addressed envelope for the v5c when it arrives.

 

I'll let you know any further developments as they unfold, I understand it may take a few days for it to show as being back on my credit card.

 

Thanks for all the comments and help.

[Guest roaringmouse]

From them issuing a refund to you CC it should be visible to CC company in 2-3 working days.

 

As for V5c, I would not send it to them as that adds you on a s a former keeper. I would send it back to DVLA without signing it and tell DVLA you have NEVER owned the car. and refer them back to the dealer. I attach a copy of the e-mail you refer to above.

 

HTH

[Conniff]

Is this all settled now Swisstony247 or are you still waiting ??

[Swisstony247]

Is this all settled now Swisstony247 or are you still waiting ??

 

Yes, apologies for the late post, everything is all settled money was refunded and v5 sent back via a prepaid envelope.

 

Thanks for all the advice given.

[panther12]

You never bought nor did you agree to buy the car. If they chose to send of the V5c, who signed as the new keeper? You didn't! So they have forged your signature too? That is a criminal offense. I would point that out to them and DVLA.

I think a lot of car dealers will have electronic links geared up with dvla so no need to physically sign & return the V5. In fact anyone selling a car can now do it online without having to send back the completed signed V5. I've done it and if buyer agrees you just need to enter their details on the dvla site and both buyer & seller get instant email notification of the sale. You give them the V5c part so they can tax or sorn it and seller is told to destroy the V5.