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Original poster

paid deposit for car but logbook description doesnt match the car.where do i stand??

15 replies

mumandlovingit · 18/03/2007 15:22

please can someone with proper knowledge of the legal system help me. i paid a deposit to a garage fr a ar yesterday and have since found out that the log book states it is an automatic. it is a manual!

my insurance company have said get dvla to change it but then it will be modified and it'll cost a fortune.

does anyone know if i have the right to my deposit back? it was a cheque and we are going to cancel it in the morhning but don't know if he can then take me to court or not. I've signed a receipt which states the rest of the balance etc to be paid.

surely he's selling he car with an incorrect log book and surely im entitled to my money back until he sorts the log book out and re advertses it?

i want to back out of the deal as it seems too dodgy and i eed a car now, not in a few weeks once dvla have issued a correct log book.

anyone here have ny legal knowlege of my rights?

thanks

OP posts:
sintra · 18/03/2007 15:55

something doesnt sound right here.the log book should state exactly what the car is,has the car been converted to manual since new,i would give cab a ring to find out where you stand legally,all the motoring experts say that you should not agree to buy a car without first seeing the logbook and making sure everything matches

fortyplus · 18/03/2007 16:20

Aend an e-mail to the Telegraph Motoring correspondent - you'll get a definitive answer...

[email protected]

fortyplus · 18/03/2007 16:21

'Send' an e-mail of course!

Original poster
mumandlovingit · 18/03/2007 16:23

the man said that it's always been manual and hasn't been converted. he read out the log book ut i didnt realise that it meant the ar was automatic transmission.just said escort cl auto 1.8td.i just assumed it was in the name with the other letters.

he's said he's going to ring dvla ans tell them it's manual but that will take aes to sort wont it and then it will probably show as modified/changed details to the insurance companies.

i'll ring dvla in morning and cab but just wated to see if anyone knew where i stood.

surely it was his responsibility to make sure thr log book matched before advertising it and selling it?

OP posts:
SenoraPostrophe · 18/03/2007 16:24

that does sound dodgy. the log should have been updated before the car was put up for sale.

stop the cheque (I don't have legal knowledge but I doubt he'd sue you over it. a second hand car salepesron willingly going to court? )

lulumama · 18/03/2007 16:26

i imagine the DVLA will be able to tell you where you stand i personally would stop the cheque...the amount you might have to pay to change the log book and increased insurance might make it less of a bargain

Original poster
mumandlovingit · 18/03/2007 16:31

the car itself wasn't cheap for its age. i will stop the cheque and ring dvla and then ring the man. i just hope we are in the right and not obliged to buy it as i've signed the form.

looked it up on internet and it states that an item has to be as described which obviously this car isn't!

OP posts:
Freckle · 18/03/2007 16:50

A log book is proof of ownership of an accurately described car. If the log book which comes with the car does not describe the car you have bought, then either the car or the log book is wrong. In either case, I believe you could cancel the contract for breach of accepted terms and conditions, i.e. that the car matches the log book (this is an assumption which the law would accept is normal - after all, people don't normally ask that sort of question do they?).

Original poster
mumandlovingit · 18/03/2007 17:46

thank you for responding.i have spoken to a friend and he has a bit of legal knowledge and he's said stop the cheque and ring the man and tell him that i've stopped the cheque and that im not buying the car with the log book having the correct details.c

OP posts:
Original poster
mumandlovingit · 18/03/2007 18:32

incorrect details i meant.

OP posts:
Original poster
mumandlovingit · 19/03/2007 07:43

worrying like hell about contacting the seller today.i know i can cancel the cheque but i hate situations like these where i have to refuse something or confront someone i don't know well.

ringing dvla at 8am then cancel the cheque at the bank once taken child to school then ring the man.

wish me luck.we've got snow, this to sort out and a child with severe chicken pox who's slept for 3 hours again last night! i'm reall not in he mood for confrontation!

OP posts:
fortyplus · 19/03/2007 09:53

Good luck - let us know how you get on

Original poster
mumandlovingit · 19/03/2007 17:36

i went to the bank and cancelled the cheque. i then rang the company and someone else answered the phone. i explained the situation to him and that dvla had informed me this morning that it will take up to 6 weeks to make the necesary changes etc. he was fine with me and i told him that the cheque was stopped.

the man we dealt with originally rang my dad later today and said it would be sorted by the end of the week. my dad said that my mind was made up and id been advised to not have the car. the man was fine in the end.

thank god thats now sorted out.just got to find another one now that i can afford and that has the correct details!!!

OP posts:
fortyplus · 19/03/2007 22:51

Pleased it worked out ok. I suppose when you think about it the whole thing is as much of a pain to them as it is to you.

RedTartanLass · 22/03/2007 10:14

Ah glad it worked out!!

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