£500 deposit to dealer ... Still no car after a month!

[chrisjvm]

My partner put a £500 deposit on a car nearly a month ago,the dealer accepted her car in part exchange. 

Said car had been exported to Guernsey at the end of 2012 and they had apparently took it in px against another car ... It did have a UK reg on it when she took it for a test drive which was the original number when first registered new  in the UK.... This number comes up on DVLA vehicle enquiry to the correct vehicle.

Dealer says they sent off paperwork before she put deposit on it,as she wasn't able to see the logbook.

This week they said they'd had to 'fill in more paperwork' at the request of the DVLA and were still waiting for the logbook so they could MOT it.

It's been nearly a month now and partner's fed up of waiting and wants to pull out .... Where does she stand legally .... Is she entitled to her deposit back? 

 

 

 

 

 

 

[DavidB]

A trader? Contact trading standards. A month is too long, don't fanny about with their excuses, phone the relevant TS office where they are located and give them all the details (they'll ask for emails, etc).

[EssDeeWon]

Yes you are entitled to your deposit back, especially if you have not been sold the car yet, however I imagine the dealer will be reluctant to end the deal and hand back your deposit, so as David says...expect to contact trading standards.

 

From experience of dealing with 2nd hand car dealers....they are your friend when buying, but not when deciding not to buy.

 

Good luck.

[barefoot]

Breadvan will get your money back thrice fold and a brand new car thrown in for free.

[Junkman]

I don't think it is this easy, folks. The partner has agreed to a contract, clear as a whistle.

So in order to nix the contract, the dealer must be put into a position where he breached it. And in cases like these, this is usually done by putting him in default.

 

Has a latest date of delivery been agreed on at the time of the purchase agreement?

Thought so...

 

So a letter must be sent to the dealer setting him a (halfways realistic) deadline, e.g. two weeks. Please note that a specific date must be stated, not just a period of time.

It must also be stated, that if the deadline isn't met, the right to withdraw from the contract will be utilised.

In any case, the dealer has still the right to pocket at least a portion of the downpayment.

 

Breadvan, please correct me if I'm RONG.

[Jim Bell]

Urgh. Car dealers.

[Mr Lobster]

Man of Junk is pretty much right on this.

 

Read the contract and see what it says. Where you go from there depends on that really.

[Felly Magic]

Christ almighty, my folks bought an ex Jersey hire car in 2008, car was 6 months old and on Jersey plates, took less than 2 weeks to have it on their driveway with a Leeds issued reg number

[Cavcraft]

Purely as a matter of interest, have you HPI'd the UK reg number for it? It might throw up some interesting information, including date of export, date of import back to the UK and anything they may 'forgotten' to tell you. Like the date it was registered back in the UK, or if it's been a Cat C or D.

[panhard65]

It is being a bit unfair on the dealer consulting the internet lawyer in all of us first before asking for your deposit back. I personally would offer your deposit back if you had asked. Obviously if he doesn't know you aren't happy how can he put it right.

[chaseracer]

^ This.  Discuss calmly and (hopefully) with mutual respect first, with a view to achieving a resolution.  Only resort to going nuclear on his ass if & when you have to.

[Mr_Bo11ox]

Seek INTERNET LEGAL ADVICE first, ask questions later

[Pillock]

If there's no lawn to draw cocks in in weedkiller, we're not interested. Next client please.

[chrisjvm]

It is being a bit unfair on the dealer consulting the internet lawyer in all of us first before asking for your deposit back. I personally would offer your deposit back if you had asked. Obviously if he doesn't know you aren't happy how can he put it right.

They know she's not happy ....

 

They told her it would be about a week...

 

They haven't  contacted her once,any communication has been initiated by her.

 

'Unfair' ... I don't think so....

 

Would you happily wait more than a month to take delivery of a car you were told would take a week??

[Cavcraft]

Fuck me, wait until you try Cavcraft, all this will seem like a painless doddle.

[scruff]

Christ almighty, my folks bought an ex Jersey hire car in 2008, car was 6 months old and on Jersey plates, took less than 2 weeks to have it on their driveway with a Leeds issued reg number

 

In light of this six year old information concerning a different car from a different island I'd be on the phone to Watchdog.

 

When I was selling government tat, I more than once waited up to seven weeks for paperwork from the DVLA for no apparent reason, other times they would turn it round in a week. So it might not be their fault at all, sounds like they are toss at communication however.

[Pillock]

"Hello, I paid a deposit on a Corsa three months ago and I've not had the car delivered yet. And the dealer has changed their phone number, and last time I visited their house he answered with a fake French accent saying he did not know who this Cavcraft was. And then a brick was thrown through my window, a brick which had been mockingly carved into the shape of a Corsa B. Around it was tied a photo of the dealer weighing in my car"

[chrisjvm]

 

 

Purely as a matter of interest, have you HPI'd the UK reg number for it? It might throw up some interesting information, including date of export, date of import back to the UK and anything they may 'forgotten' to tell you. Like the date it was registered back in the UK, or if it's been a Cat C or D.

 

Yes,hpi was clear apart from export marker....

DVLA check has  shown car is back on old plate since she put the deposit on it ... So where's the log book ?

 

Also IIRC you don't need a log book to mot a vehicle just a chassis number as I've mot'd German imports on export plates ....They haven't Motd it and have told her they can't till log book shows up.

[chaseracer]

Good to see the Cavcraft business practices changing.  Apparently, fire and kidnap are no longer involved.

[Cavcraft]

I just thought it might prove the date it was re-imported, so to speak. It is, of course, possible that DVLA are proving their detractors correct again.

[chaseracer]

It is, of course, possible that DVLA are proving their detractors correct again.

 

Ah, yes...

 

[panhard65]

They know she's not happy ....

 

They told her it would be about a week...

 

They haven't  contacted her once,any communication has been initiated by her.

 

'Unfair' ... I don't think so....

 

Would you happily wait more than a month to take delivery of a car you were told would take a week??

Ahhh the first post doesn't mention that. Tell them you want the car or your money back if they cannot supply within a given time frame (I would think a week would be more than enough considering how long you have waited already) If he can't do this then you will be visiting trading standards to discuss your position. To be honest the dealer sounds like an arse when you have all the facts.

[chrisjvm]

I just thought it might prove the date it was re-imported, so to speak. It is, of course, possible that DVLA are proving their detractors correct again.

 

 

I think its a case that they've got a piece of paper that she signed when she gave over the deposit stating that its non refundable and they basically have her by the short and curlies and they really don't give a shit ....

 

(Some) car dealers eh !? 

I tried to persuade her to buy Barrets A8 explaining that if it went seriously wrong she could throw it away ... But my advice fell on deaf ears....

She's just not an Autoshiter at heart !

[Pillock]

I think the best bit of advice on here is that without a date of delivery, you're not only on your back foot but you're at the other side of the room, lying down. You can't pull out of the contract and get your cash back until they break contract, which when the delivery date is "this side of the end of the world" won't happen.

 

So, you need to get a date out of them. Be nice. Get them to put a delivery date in writing. Be extra-nice. It's sort of your only hope. You can try Trading Standards (which IMHO will be better than a bunch of keyboard-pushers on the internets) but it seems sensible that they need to have done something legally and contractually wrong, rather than morally wrong. Car dealers don't have morals.

 

What sort of dealer are we talking about, do they have a head office and an MD and a twitter account and headed paper and corporate "stuff" or is it a portakabin on some wasteland? The former may respond to negative publicity in a positive way, the latter will just laugh in your face.

[chrisjvm]

I think the best bit of advice on here is that without a date of delivery, you're not only on your back foot but you're at the other side of the room, lying down. You can't pull out of the contract and get your cash back until they break contract, which when the delivery date is "this side of the end of the world" won't happen.

 

So, you need to get a date out of them. Be nice. Get them to put a delivery date in writing. Be extra-nice. It's sort of your only hope. You can try Trading Standards (which IMHO will be better than a bunch of keyboard-pushers on the internets) but it seems sensible that they need to have done something legally and contractually wrong, rather than morally wrong. Car dealers don't have morals.

 

What sort of dealer are we talking about, do they have a head office and an MD and a twitter account and headed paper and corporate "stuff" or is it a portakabin on some wasteland? The former may respond to negative publicity in a positive way, the latter will just laugh in your face.

 

The owner of the outfit promised (verbally) a few days ago that she'd definitely have it before Christmas....

We'll get that in writing ... Thanks!

 

They aren't a back street dealer, more of a medium sized 'car warehouse' with a stock of approx 100 cars.

They advertise on Autotrader and in the local press.

[Pillock]

Do they have twitter? Start communicating through that, they love it* when everyone else can see what they're trying to worm out of.

[BavarianRetro]

You need to state clearly and in writing that time is now of the essence of the contract and that delivery must be effected by .....(some reasonable date in the future - I'd suggest 31/12)

 

Unless otherwise stated, it is generally assumed that the time of performance of the contract is not an essential term and a "not unreasonable" delay will not allow you to hold the other party in breach and to resile.

 

I'm afraid you'll get absolutely nowhere until you make time of the essence; state a long stop date beyond which you'll not be bound to complete and will be looking for compensation for their breach; and, they fail to complete by that date.

[Albert Ross]

You need no paperwork to carry out an MOT. It is tested on the plates it wears. A record is created, regardless of current MOT status. They're pulling your pisser. Can we have the address of said "Dealer" and go round to pay a visit please?

[hauserplenty]

Just a routine check:

 

 

Tell 'em we're comin' after 'em.

We're comin' after all of them...

[DSdriver]

A verbal contract is not worth the paper it is written on.

(attributed to Samuel Goldwyn)