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LEGAL ADVICE NEEDED

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Old 30 May 2001, 09:53 PM
  #1  
russell hayward
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Bought a new car three weeks ago.

Got the VRD through and I'm the second keeper.

The dealer had pre-registered the car and not told me.

The invoice says the car is new and I have been charged first reg fee of £25 within the price as detailed on the invoice.

The dealer says I was informed that the car was a "static demonstrator" and that I would therefore be the second keeper. I wasn't.

He then says I should have realised the car was already registered to them because it was already taxed and I wasn't required to supply a cover note.

I could have bought an identical car at the same price elsewhere, which would not have been preregistered, but didnt due to location of the dealer.

They are not prepared to do anything about my complaint.

Anyone know the exact legal position here ?

Thanks

Russ

Old 30 May 2001, 11:14 PM
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Big Den
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Red face

Russ

Not sure what the legal position is M8. However, it might be worht discussing this with your local Trading Standards Department. They should be able to tell you if the dealer is in the wrong, if yes, they will most probably advise you on how to proceed or may even act on your behalf.

I bought a car a couple of years ago knowing it was a pre-reg. It hadn't been taxed though & I did have to supply a cover note. I was caught out when pursuing a bodywork problem - the salesman had told me I was buying a brand new car, they had pre-reg'd it to be able to sell them on cheaper. When I complained about a bodywork imperfection the dealer took the line of "but you haven't bought a new car sir"!

Best of luck & don't let them get away with it.

Den
Old 31 May 2001, 12:37 AM
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Yex
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Reject the car. The invoice says "NEW" when quite clearly the V5 document says otherwise. Talk to your local Citizens Advice people who will probably tell you to reject it under one of the consumer protections acts.
Old 31 May 2001, 04:21 AM
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mook
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Again, not sure of the legal position but even the threat of getting Trading Standards and local press involved usually sorts out a problem.

I purchased a second hand car from a dealer some years ago. It was the first time I'd had PAS so wasn't used to it. After a week I noticed it dived to the left when I let go of the wheel. I followed this up with them and they basicly told me to bugger off saying I'd most likely whacked a curb or something. I persisted and found a small cut in the sidewall of the front left tyre. With this I then went headlong saying I'd go to Trading Standards with a complaint of them selling me a car with fraudulent documents (mot - wouldn't have passed the tyre!). They backed down - replaced front subframe, front left alloy and tire. Thanks very much. Moral - give 'em hell
Old 31 May 2001, 02:58 PM
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DazV
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Russ, don't tell me you sold that beautiful P1 ? Or is a 2nd car ?

Man, that was one of the best looking Subaru's I've seen.
Old 31 May 2001, 03:18 PM
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russell hayward
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Daz

Don't be silly

P1 is a plaything

This is my commuting car !

cheers

Russ
Old 31 May 2001, 03:45 PM
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Regacy
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Bringing out the big guns usually helps
WhatCar? have a helpline whhelpline@haynet.com
Old 31 May 2001, 04:17 PM
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MartinM
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Just try speaking to DVLC first

When 'we' bought our Impreza (new) the dealer registered it in my name, even thought the wife paid for it (err...well it was mostly my money though! - don't ask!) and we made it clear that it was going to be 'her' car

I was worried that if we changed the name, she would end up as the second owner. I managed to speak to the DVLA (IIRC it was quite a challenge to get through to a person rather than an IVR machine!) and explained that it was a mistake on the dealer's behalf....and the V5 got changed to her name with no increase in No. of Keepers.

It maybe worth trying this 'mistake on behalf of the dealer' angle
Old 31 May 2001, 10:58 PM
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russell hayward
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Thanks for the replies.

Had already decided to call Trading Standards.

They were no help and couldn't really understand what the problem was. ??!!

I have passed the info on to a top lawyer and will get the low down tomorrow on the legal position.

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