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JimLawyer
JimLawyer, Solicitor
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I bought a car and the garage never sent on the log book.

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Hi,I bought a car and the garage never sent on the log book. The dvla have told me that legally a car must be sold with a V5C and I have a email saying the documents would be posted to me by their accounts department.The car has been exported to Ireland and the dvla will not deal with the issue from my end. What recourse would I have against the garage.Thanks *****

Hello, my name is Jim and I am a qualified lawyer (both in UK and Irish Republic) and happy to help you this evening.

Is the dealer in the process of sending you a replacement V5?. You could threaten a report to Trading Standards in the UK (+44 3454 040506) and this may prompt them to deal with the issue.

If not then you are faced with having to get your money back given the fact they should not have sold the car without the registration document available. The other issues is the car needs to be VRT'd in Ireland within 30 days of entering the State otherwise the Guards can seize the car and fine you.

Customer: replied 11 days ago.
He says he is trying to get a replacement but it has dragged on over a month now and I have lost confidence that he is doing anything but stringing me along.

The car is already overdue by nearly 40 days for the VRT. It is looking increasingly likely it will be take the car back or replace it with another one.

What would be my best approach to this as I would obviously like to stay away from court?

Yes, in the UK the Consumer Rights Act 2015 applies but the more serious issue for the trader is selling the car without a logbook - that is an issue for Trading Standards. You could demand your money back and say they have breached the contract due to the fact you thought they had the legal document available (if you had not known then you wouldn't have bought the car). And now you are faced with VRT fines for being over 30 days - so they need to take the car back and you should send them an email to demand this - or a replacement car at their cost. They should pay for the cost of the ferry to get the car back to the UK. You should give them 7 days to confirm their stance and threaten a report to Trading Standards if they refuse to take the car back - you can also threaten to issue a claim against them.

How much was the car?

You would also say to the dealer without the logbook you cannot pay VRT over in Ireland and cannot register it in Ireland either. So you have a car which you cannot use unless you are back in the UK.

Customer: replied 11 days ago.
It worked out at about 10000 euro and about another 400 in travel. What kinda of claim would I be able to threaten them with? I obviously would like to sort this a fast as possible. It has already taken up a lot of my time.

Well you would claim back the 10K euro but in pounds and work out the exchange rate. Then the 400 travel costs and any other costs you might have incurred.

You can send them a letter and I have uploaded a template for you to use. Give them 7 days to confirm their stance and perhaps come back to me. You cannot use the European small claims procedure (for cross border claims) as your claim is worth more than 5,000 euro. Do you have any friends or family in the UK whose address you could use for the claim (if you wanted to do the claim yourself?). The other option is to instruct a law firm but this would be pricey.

Customer: replied 11 days ago.
I do have an address i can use in the UK. Thank you for you help. I send this onto them. If worst comes to worst and I do need to claim against them i will be sure to come back to you and let you handle it.

Kind regards,
Fionn Doonan

OK that's good news - you can start a county court claim and use that UK address for service of documents from the court so it's fine. The court issue fee is 4.5% of the claim value (which is added on top of the sum you claim back from the dealer). I can assist you with that if required.

In the meantime I hope I have helped. Before you go please don't forget to rate the answer by clicking the 5 stars on screen and clicking “submit”.

Have a good weekend,

Jim

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