Recently an 81 year old friend had to give up driving. She bought her car last July from a dealership. This car is a 2013 Mini Countryman-and I must add she is only 4ft 11 in tall !
We returned it to the dealership yesterday for a fixed price. The car, keys, and v5 were handed over and there and then the dvla were informed she is no longer the owner. Today we get a phone call from the dealers-they say the car is slipping out of sixth gear and so they won't pay the price agreed!!! Do any of the legal eagles out there have any idea where we stand on this? Obviously we will be seeking advice next week but my friend is now adamant she won't accept the reduced price- it's £1,000 less!!!!
------------- 40 years in the NHS and counting!!!!!!
im not in any way even close to being a ~"legal eagle", but my husband worked in car dealerships for over 30 years. basically, and in no way am I comenting on your ladies standard of driving, but according the the dealers they see old ladies as easy pickings! gearbox/clutch claims are high up on the list if not number 1. I hope that at the time of handling over the car she has a receipt stating its condition? personally I would not have handed over the car on a weekend when the workshops are closed and most definitely without the transfer or cash in my hands, they now know she has no licence, no insurance and more than likely will buckle hence the refusal. genrally any of these cars all they needed was a good thrashing up a motorway and a bit of ragging around up and down the gears and miraculously the issue would have resolved itself, these where the cars that are given to staff to drive around over a week or so, I suggest you get onto trading standards in the morning
Get a test with a full written report from either an independent garage or AA/RAC etc. as then you have the evidence and ammunition to take the case further if necessary. It may cost money to obtain but at least it shows that the customer not an easy push over like they were hoping for. If there is nothing wrong with the Mini Countryman and you can prove that the salesman was acting fraudulently he's going to break out into a sweat to say the least as it's probably happened before whereby people will just walk away in disgust.
You go and see a used car on the forecourt and the salesman will ask for top price because it's top of the range bla bla bla but you take the same top spec vehicle back 2 years later and they have not the slightest interest with all that garbage, it's all about what they can diddle you for. They play the game at the interest of their own bank balance and the customer comes second.
The dealer is the expert in this situation. They have a duty to undertake due diligence, just as a buyer does.
Chances are an elderly owner never used 6th gear, if it is like our cars 6th gear is only typically used on motorways so she would never know if it was faulty even if asked.
If she has the money from the deal tell the dealer to whistle. If she doesn't tell them the deal is off.
Take the car back. Even if she has to 'take a hit' elsewhere, this dealer struck a 'deal' and agreed a price on what they saw. I wouldn't have left the place without a cash transfer on the day though.
I agree with Mick S. I wouldn't have parted with the car until I had the cash in my hand. I they won't come up with the agreed price, take it back and take it somewhere else.
Quote: Originally posted by Joolb on 08/3/2020
The car, keys, and v5 were handed over and there and then the dvla were informed she is no longer the owner.
Just picked up on this. This is just for the change of KEEPER. Anyone could still own it. You could contact the DVLA by phone and ask them if it is still registered to the lady. Its pretty straightforward, and you get a 'human' at the other end. If they have transferred details, and i am not sure they would want to be down as it being theirs, it will be more awkward for them to renage on the deal if you say you will take it back. Please let us know what happens.
Quote: Originally posted by Joolb on 08/3/2020
The car, keys, and v5 were handed over and there and then the dvla were informed she is no longer the owner.
Just picked up on this. This is just for the change of KEEPER. Anyone could still own it. You could contact the DVLA by phone and ask them if it is still registered to the lady. Its pretty straightforward, and you get a 'human' at the other end. If they have transferred details, and i am not sure they would want to be down as it being theirs, it will be more awkward for them to renage on the deal if you say you will take it back. Please let us know what happens.
The DVLA have no interest who the owner is, and they wouldn`t know anyway. Their interest is the registered keeper, any contract regarding ownership is purely between the two parties involved. For instance, if you sell your car but don`t notify DVLA of change of registered keeper you are still responsible for parking tickets etc even if you don`t own the car or committed the offence.
Saxo1 I realise that but the issue with me is the bullying tone of the phone call-the dealership know my friend is a fragile old lady . My husband is one of those people who personifies the meaning of the word ' stubborn' so they are in for a fight either way 😃
------------- 40 years in the NHS and counting!!!!!!