Advertised car with tax sold with no tax- HELP

[AUTOBOY58]

Im after some advice please.

 

I bought a car 2 weeks ago from a dealer. The advertisement stated 12 months MOT and 6 Months Tax.

I have insured the car and have been driving it for 2 weeks now. However i got up this morning and found my car Clamped for no Road Tax. I then noticed (which i know i should have checked) a TAX disc which expired in September 2012.

Also checked the MOT certificate more thouroughly and see that expires in April 2013.

The MOT im not too concerened about at this point. But i have had to pay 260.00 to release my car and must tax it within 5 days. More cost to me.

Now with the advert stating the car is taxed and mot'd for 6 months and 12 months respectivally. Does anyone know how i stand legally.

I have tried to talk with the dealer who said if i got the car at a knock down price this is why the Tax was not on it.

I have tried to tax it on line also but the keeper change has not gone through yet.

Again i know i should have checked, but i was going through a bad break up at the time and needed a car so i could see my kids and do things with them. Not an excuse. Just an oversight.

 

Thanks

 

Any help and advice would be appreciated.

[Andy]

What does your invoice say about tax and MOT?

[AUTOBOY58]

Andy - it doesnt have anything about the tax or mot on there.7

[Isabelle]

How old was the advert? Its possible the car had tax and 12 months MOT when first advertised, and the dealer failed to mention it when he sold it to you, probably assuming you realised. Was the price reduced at all? If you have the green slip you can tax it at the post office or DVLA office in town.

[AUTOBOY58]

Isabelle - I have found the advert to be 2 weeks old.

When i called about it i asked if the price is negotiable and the chap i spoke to dropped the price as i was coming straight to buy it. Never mentioned about the TAX or MOT and i therefore believed this to be included in the sale.

The V5C/2 document is this the one i can use to tax it?

 

Thanks

[L00b]

I have found the advert to be 2 weeks old.

If the car was first advertise 2 weeks ago with 12 months MOT and 6 months tax, this suggests that you should have got:

 

either 6 months tax from the date of purchase,

 

or the balance of 6 months tax from the date of the advert

 

Of course, if the tax was negotiated 'out' during the price haggling, this may explain that.

 

There seems to be a lot of cars on forecourts atm without any MOT or tax, market does not look very buyant. I'm after a very specific car, and I've seen 4 in the last month, all at respective independent dealers: all 4 cars had been (i) bought at auction (no ifs or buts, clear as day), (ii) on the forecourt since summer (ad photos tell enough of a story) and (iii) out of tax and MOT. And they've all been dogs

[AUTOBOY58]

If the car was first advertise 2 weeks ago with 12 months MOT and 6 months tax, this suggests that you should have got:

 

either 6 months tax from the date of purchase,

 

or the balance of 6 months tax from the date of the advert

 

Of course, if the tax was negotiated 'out' during the price haggling, this may explain that.

 

There seems to be a lot of cars on forecourts atm without any MOT or tax, market does not look very buyant. I'm after a very specific car, and I've seen 4 in the last month, all at respective independent dealers: all 4 cars had been (i) bought at auction (no ifs or buts, clear as day), (ii) on the forecourt since summer (ad photos tell enough of a story) and (iii) out of tax and MOT. And they've all been dogs

 

We never discussed the removal of the Tax or indeed the lack of the advertised MOT.

 

Due to my personel circumstances at present I need the car to have access to my kids. But now feel that if i cant get a satisfactory resolution from the dealer that albeit a small amount of money to some i will look at possible legal action. I have taken a photo of the said advert just in case this disappears. Which clearly states the info i mentioned and that it was posted 14 days ago.

[Eater Sundae]

I think you should stick to your guns and politely require the dealer to pay for the tax promised, (I think more importantly) get the car MOTed for 1 year. If you find out that it needs a lot of work in April to get it through the test, you could be well out of pocket. By offering 12 months MOT you've got the comfort of knowing it is roadworthy now (on the day of the test). As it was in fact last tested 8 months ago, it could have deteriorated.

 

If he doesn't play ball and provide the MOT, you could threaten him with Trading Standards, as he is a dealer.

 

Maybe its worth a visit or phone call to a Citizens Advice Bureau, first.

 

There is a limit to what you can claim in the small claims court (I can't remember , maybe £500 or £1000). CAB should be able to advise.

 

---------- Post added 02-12-2012 at 14:17 ----------

 

As regards the clamping, tbh I don't think you'll get very far in claiming recompense, as it is your responsibility to ensure it is taxed. However, I think it is worth asking at CAB.

 

If he is not prepared to provide the MOT and you decide to go down the small claims route, it might be difficult to put a value on the lack of 12 months MOT, unless you actually put it through the test yourself and see what it would cost to get it through - but I think you might have to give him the opportunity to put it right first.

 

The more I think about this, the more I think you should contact CAB as the first step (after you have given him the opportunity to sort out the tax and test, first).

[AUTOBOY58]

your right Eater Sundae. If it has been advertised for the 12 months MOT also i should also chase that. I will give him till 4 to call me back and if not ill call him. See what he say's.

But i agree Trading Standards might be my option.

 

Thanks

[Eater Sundae]

your right Eater Sundae. If it has been advertised for the 12 months MOT also i should also chase that. I will give him till 4 to call me back and if not ill call him. See what he say's.

But i agree Trading Standards might be my option.

 

Thanks

 

I don't actually know what trading standards powers are, but it might be enough to concentrate his mind if he is not being co-operative. At this stage it might just be an oversight on his part, so I think its right to give him an opportunity to sort it out.

 

Good luck.