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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70197
Experience:  Over 5 years in practice
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I bought my car a year ago. The garage owner swore he would

Customer Question

I bought my car a year ago. The garage owner swore he would get the service book stamped with all the history and send it to my address. A year later I have been chasing constantly and ended up having to drive 2 hours away to pick up the service book. Which was actually blank and no history had been stamped. So I will also have to do that. I have now gone to tax the car and realised I have had no tax reminder through the post. I thought nothing of it but have now realised he only Document I have for the car is the v5c. Here it tells me that I should receive the registration certificate in the post. Clearly I never received this as I can't find it anywhere in my documentation. Then I realised this may be the reason I didn't get a tax reminder. In short, I'm pretty sure I've paid his guy 16 grand for a car and he hasn't even sent off my details to transfer the car to me. Does this mean the car isn't legally my car? What can I do about this as it says you can be prosecuted but I never even noticed I didn't have the document until now. I need to tax the car in two days. This guy is an anomimation to vehicle sales and this has caused me so much hassle and upset I just don't know what to do. Can I sue him? Is this his fault?
Submitted: 10 months ago.
Category: Law
Expert:  Jo C. replied 10 months ago.

Just write to the DVLA asking them to transfer the ownership of the car to you. They will write to him and ask for his views but since you have the receipt it will not really matter what he says on the point in the long run.

Expert:  Jo C. replied 10 months ago.

You are not liable for failing to transfer it. It was his responsibility.

in fact, as the registered keeper, it is his duty to tax the car too so I wouldn't panic.

Customer: replied 10 months ago.
is there any way I can tell if he ever sent it off? Or assuming I haven't received the tax reminder is this pretty certain?
Expert:  Jo C. replied 10 months ago.

You can always call him and make the point that you can't tax the vehicle because it is still registered to him so he will probably get a fine if he does no transfer the V5 urgently.

That would probably be very effective.

Customer: replied 10 months ago.
Will this mean my insurance is void also because it says I'm the registered keeper as I always thought I was
Expert:  Jo C. replied 10 months ago.

Yes, teh absence of the tax reminder is probably that there are V5 issues.

Customer: replied 10 months ago.
He is so difficult to contact he ignores my calls texts emails it's been hard enough getting the service book from him I had to drive 2 hours away just to pick up a blank book after a year
Expert:  Jo C. replied 10 months ago.

It depends what your insurance says. Normally actually it refers to the owner rather than the registered keeper.

Yes, it could have that effect.

In fact though, as long as you don't drive it that wouldn't be your problem. The registered keeper has a duty to keep the vehicle taxed and insured. You are not the registered keeper.

Customer: replied 10 months ago.
I need to drive it every day to work though
Expert:  Jo C. replied 10 months ago.

Obviously though, if you are caught driving then that is different as the duty is yours to be insured for any vehicle you are driving.

Expert:  Jo C. replied 10 months ago.

You may but if your insurance is void then you would be driving without insurance.

Another alternative is to get the insurance company to extend it to cover your situation.

Customer: replied 10 months ago.
But none of this is my fault I can't just not have a car for what could be weeks just because a "carsalesman"doesn't know how to sell a car. I will no doubt have to pay extra for this and maybe even be fined and he's sat there probably laughing
Expert:  Jo C. replied 10 months ago.

Well, he won't be if he receives a fine for failing to tax and insure which actually probably will happen if he doesn't sort this out.

Customer: replied 10 months ago.
Either way though I can't really afford to sit here and wait for that to happen I have a job to go to every day
Customer: replied 10 months ago.
Is this not some sort of
Trading standards issue? He's not done his job I've held up my side I paid him the money and I'm
Still going through this a year later
Customer: replied 10 months ago.
Want him shut down
Expert:  Jo C. replied 10 months ago.

Not if it is just not transferring the V5.

Actually that would normally damage him more than you. It is just that there is insurance in this case that is affected and a looming tax renewal date that causes it to impact on you.

Customer: replied 10 months ago.
How do I know if he's not done this on purpose and will just tax the car him self?
Expert:  Jo C. replied 10 months ago.

There would be no point in doing that. All he would be doing is paying your road tax for you.

Customer: replied 10 months ago.
Will I get in trouble for all this I don't know what i can possibly do even if I call the DVLA I can't drive the car without probably paying extra on my insurance I can't tax the car. And I'm pretty certain he's not going to be compensating me
For any of this :(
Expert:  Jo C. replied 10 months ago.

No. It is for him to do the transfer not you.

You need to sort out your insurance but other than that the liability is not yours.

Expert:  Jo C. replied 10 months ago.

Obviously though you do need to sort the transfer out.

Customer: replied 10 months ago.
there's nothing I can do in regards ***** ***** him to pay for any of this? I just don't want him to think he got away with all this when I'm the one who had to pay £40 to get advise from an online solicitor, drive hours to get nothing but a blank service book, have to deal with everything even a year after purchasing the car
Expert:  Jo C. replied 10 months ago.

You would have a claim for any actual losses incurred although probably not for legal advice.

If you had to pay extra on your insurance then there is an argument that he is liable for the difference but it is not the best point so I wouldn't bring a suit without knowledge of the risk you may lose.

You could get a solicitor to write to him asking for compensation though although that racks up cost too.

Customer: replied 10 months ago.
best thing to do is not drive the car and give DVLA a call to explain?
Expert:  Jo C. replied 10 months ago.

Yes, but I would write to the DVLA as well and send it recorded delivery. You can never trust them.

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