Dealer misled me about a preregistered car - can I take legal action?
I bought a pre-regisered car. At the time of buying, the risk involved (driving a car which is not registered under my name) wasn't mentioned. My understanding was that after purchasing I would be the registered keeper. When I chased the dealer for the V5 document, he told me that I'd signed a document which said that the V5 document would be received after six months. Meaning I was driving a car which was not registered under my name and committing an offence. I declared to my insurer that I was the registered keeper of the vehicle so any claim would have been prejudiced. After chasing the dealer, I received the V5 document two weeks ago. However, the date it states that I acquired the vehicle is wrong. When asked, the dealer replied saying that the logbook says the date that I taxed the car. Please advise if I can take legal action against this dealer for misleading me.
Asked on 28 May 2017 by Jas
Answered by
Honest John
A dealer was prosecuted for this very offence:
The Consumer Protection from Unfair Trading Regulations May 2008 (CPRs) contains a general prohibition against unfair commercial practices and, in particular prohibitions against misleading actions, misleading omissions and aggressive commercial practices. The Regulations are enforceable through the civil and criminal courts. This creates an offence of misleading omissions which would not previously have been an offence if the consumer had not asked the right questions. So if a salesman knows a car has, for example, been badly damaged and repaired and does not tell the customer, he could later be held liable if the customer subsequently discovered that the car had been damaged and repaired. A recent case precedent over Misleading Omissions under Consumer Protection from Unfair Trading Regulations 2008/1378 was Regina (House of Cars) v Derby Car and Van Contacts Ltd, Derby Crown Court before HHJ Burgess on 12-6-2012, covered here: Regina (House of Cars) v Derby Car and Van Contacts Ltd In this case the purchaser had been sold a car as new when it had been pre-registered to a fleet, and remained registered to that fleet, putting the purchaser in breach of Section 43c of the Vehicle Excise and Registration Act 1994 because he was using the car on the road but was not the registered keeper.
The Consumer Protection from Unfair Trading Regulations May 2008 (CPRs) contains a general prohibition against unfair commercial practices and, in particular prohibitions against misleading actions, misleading omissions and aggressive commercial practices. The Regulations are enforceable through the civil and criminal courts. This creates an offence of misleading omissions which would not previously have been an offence if the consumer had not asked the right questions. So if a salesman knows a car has, for example, been badly damaged and repaired and does not tell the customer, he could later be held liable if the customer subsequently discovered that the car had been damaged and repaired. A recent case precedent over Misleading Omissions under Consumer Protection from Unfair Trading Regulations 2008/1378 was Regina (House of Cars) v Derby Car and Van Contacts Ltd, Derby Crown Court before HHJ Burgess on 12-6-2012, covered here: Regina (House of Cars) v Derby Car and Van Contacts Ltd In this case the purchaser had been sold a car as new when it had been pre-registered to a fleet, and remained registered to that fleet, putting the purchaser in breach of Section 43c of the Vehicle Excise and Registration Act 1994 because he was using the car on the road but was not the registered keeper.
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