Help? Trick one re. tax disc being taken
Discussion
Hi,
I am a used car dealer. I had a car advertised which someones was interested in.
They decided they wanted it without looking at it and asked me to tax it at their expense. I did this and took it off sale as the tax acted as a deposit in my mind.
They came to collect the car and decided it wasnt as clean as they thought despite me having 10 good quality pics and an accurate description in the advert.
Originally they asked for their tax money back but of course id already spent that on the car and I would be £154 out of pocket.
They have taken the tax disc and said they will get a refund. are they able to do this? I feel like they shouldnt have a right to that money, you dont get deposits back if you change your mind. I have had to prepare it, take it off sale and have it ready for them. They shouldnt have paid anything for a car they had not seen? no?
can i just go to the post office with a lost tax disc form and get a duplicate? what should i do, never had this situation before....
I am a used car dealer. I had a car advertised which someones was interested in.
They decided they wanted it without looking at it and asked me to tax it at their expense. I did this and took it off sale as the tax acted as a deposit in my mind.
They came to collect the car and decided it wasnt as clean as they thought despite me having 10 good quality pics and an accurate description in the advert.
Originally they asked for their tax money back but of course id already spent that on the car and I would be £154 out of pocket.
They have taken the tax disc and said they will get a refund. are they able to do this? I feel like they shouldnt have a right to that money, you dont get deposits back if you change your mind. I have had to prepare it, take it off sale and have it ready for them. They shouldnt have paid anything for a car they had not seen? no?
can i just go to the post office with a lost tax disc form and get a duplicate? what should i do, never had this situation before....
s77ltd said:
Hi,
I am a used car dealer. I had a car advertised which someones was interested in.
They decided they wanted it without looking at it and asked me to tax it at their expense. I did this and took it off sale as the tax acted as a deposit in my mind.
They came to collect the car and decided it wasnt as clean as they thought despite me having 10 good quality pics and an accurate description in the advert.
Originally they asked for their tax money back but of course id already spent that on the car and I would be £154 out of pocket.
They have taken the tax disc and said they will get a refund. are they able to do this? I feel like they shouldnt have a right to that money, you dont get deposits back if you change your mind. I have had to prepare it, take it off sale and have it ready for them. They shouldnt have paid anything for a car they had not seen? no?
can i just go to the post office with a lost tax disc form and get a duplicate? what should i do, never had this situation before....
This will be fun I am a used car dealer. I had a car advertised which someones was interested in.
They decided they wanted it without looking at it and asked me to tax it at their expense. I did this and took it off sale as the tax acted as a deposit in my mind.
They came to collect the car and decided it wasnt as clean as they thought despite me having 10 good quality pics and an accurate description in the advert.
Originally they asked for their tax money back but of course id already spent that on the car and I would be £154 out of pocket.
They have taken the tax disc and said they will get a refund. are they able to do this? I feel like they shouldnt have a right to that money, you dont get deposits back if you change your mind. I have had to prepare it, take it off sale and have it ready for them. They shouldnt have paid anything for a car they had not seen? no?
can i just go to the post office with a lost tax disc form and get a duplicate? what should i do, never had this situation before....
s77ltd said:
They decided they wanted it without looking at it and asked me to tax it at their expense. I did this and took it off sale as the tax acted as a deposit in my mind.
Did you tell them that?s77ltd said:
They came to collect the car and decided it wasnt as clean as they thought despite me having 10 good quality pics and an accurate description in the advert.
Fair enough.s77ltd said:
Originally they asked for their tax money back
Fair enough.s77ltd said:
but of course id already spent that on the car and I would be £154 out of pocket.
That, I am afraid, is your problem.s77ltd said:
They have taken the tax disc and said they will get a refund. are they able to do this?
Unfortunately, no.As far as i know, only the registered keeper can apply and receive a refund of road tax.
It would seem they have stolen a worthless piece of paper (to them)
The only thing I would be worried about, assuming as a trader you are recorded as the keeper using the yellow slip, is if they decide to apply for a V5 in their name to then receive the tax refund. Yes it would cost them a further £25, which may deter them, but it could cause some hassle for you.
It would seem they have stolen a worthless piece of paper (to them)
The only thing I would be worried about, assuming as a trader you are recorded as the keeper using the yellow slip, is if they decide to apply for a V5 in their name to then receive the tax refund. Yes it would cost them a further £25, which may deter them, but it could cause some hassle for you.
s77ltd said:
Hi,
I feel like they shouldnt have a right to that money, you dont get deposits back if you change your mind.
Oh yes they do matey if they are covered by the Distance Selling Regulations. As a trader you really should be aware of the laws under which you operate!I feel like they shouldnt have a right to that money, you dont get deposits back if you change your mind.
I suggest you give them their money back and get the RFL back from them, you can then charge the eventual purchaser for what remains on it. With any luck you may only lose a tenner or so.
Edited by PurpleMoonlight on Friday 6th June 18:11
s77ltd said:
think if this was a car you were selling? you would like to be £150 out of pocket when someone comes ot see a car and decides its not clean enough.
I can't help feeling you're not cut out for this business if you take it so personally every time a punter decides your stock's not what they were after.But there's one thing I'm not quite understanding. How, exactly, are you £150 out of pocket for answering a phone call then spending five minutes online, before spending ten minutes with a potential customer? Would you still be £150 out of pocket if they'd phoned you, arranged to come and inspect, then decided it wasn't for them - without doing the tax thing?
s77ltd said:
I would say its better than most 10 year old cars with 80k miles on the clock
So it's not a run-into-the-ground shed one big bill from being weighed in. Well, there's a result.You're screwed.
Look here
http://webarchive.nationalarchives.gov.uk/20140402...
Download the document "Cars and other vehicles sold by distance means".
Read the Q and A sections, especially this one:-
Q A consumer has to come to my showroom to collect the car, so does this mean this isn’t a distance contract?
A For the DSRs to apply there must be no face to face contact for the purpose of making the contract up to the point when it is concluded. A contract is concluded when a binding agreement comes into existence, ie; when the consumer commits to buying and you commit to selling the car. It will therefore usually be irrelevant if there is contact on delivery, because the commitment to buy and sell will have already been made. The DSRs do not apply where you and the consumer make no binding contractual commitment until the car is either delivered to the consumer or they collect the car from your premises but, in these cases, the consumer will be free not to go ahead with the purchase and cannot be required to forfeit any prepayments or deposits.
Look here
http://webarchive.nationalarchives.gov.uk/20140402...
Download the document "Cars and other vehicles sold by distance means".
Read the Q and A sections, especially this one:-
Q A consumer has to come to my showroom to collect the car, so does this mean this isn’t a distance contract?
A For the DSRs to apply there must be no face to face contact for the purpose of making the contract up to the point when it is concluded. A contract is concluded when a binding agreement comes into existence, ie; when the consumer commits to buying and you commit to selling the car. It will therefore usually be irrelevant if there is contact on delivery, because the commitment to buy and sell will have already been made. The DSRs do not apply where you and the consumer make no binding contractual commitment until the car is either delivered to the consumer or they collect the car from your premises but, in these cases, the consumer will be free not to go ahead with the purchase and cannot be required to forfeit any prepayments or deposits.
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