Nissan Micra - Dealership registered car but not paid me

Honest John Back Room » Legal matters
View Threaded
Fri 18 Oct 2019 13:14
Nissan Micra - Dealership registered car but not paid me - IamNora

Hi all,

I recently took a car I inherited to the local dealership to sell to them as I have no room or need for it. It was my grandmother's but I have no sentimental value with the car as I always travelled to her and took her places. I have fallen out with family for wanting to sell it but they offered me a LOT less to buy from me than what the dealership offered me.

So I went to the dealership and sold it to them, signed all the paperwork and they registered the car to themselves...even knocking just over £100 off what they quoted because I had registered the car in my name in order to sell it.

I was told the money would be in the bank by Wednesday and called up to see if there was an issue as it had come and gone. Eventually I got a phone phonecall saying they needed a copy of my grandmother's will and her death certificate else they couldn't buy it!!

I told them I was unable to offer a copy of the will as it had not been given to me and I was denied a copy by my father who is the executor (weve been estranged for many years). I was told to take the car back and so I did and paid to have it safely parked somewhere plus temp insurance.

I then received a phone call from them saying I owed them a proof of purchase or to come and take the car back - which I've obviously already done! I have just today recieved a letter from the DVLA stating the dealership is now the verified official registered keeper!!

I'm getting a copy of said will in the next few days but surely they have to take it regardless now as they made a big fuss of me adding myself as a keeper to sell it (making it 3 keepers) and now they've added themselves to be registered keeper.

So Im currently in receipt of a car that's not registered to me but I havent been paid for it. So stressed what's the best thing to do? Wait for the will or just demand payment regardless as they've registered it before payment and before getting the will or death certificate (which they NEVER mentioned and also admitted to in an email).

Sorry for the long message.

Nora. W

Edited by IamNora on 18/10/2019 at 13:14

Reply | Report as offensive | Link
Fri 18 Oct 2019 13:27
Nissan Micra - Dealership registered car but not paid me - Palcouk
Registration is not proof of ownership
DVLA instructions on what you should have done, but didnt do, there was no requirement to reg the car in your name.
www.gov.uk/tell-dvla-about-bereavement/selling-the...e
A copy of the will is not required but probate is.
If you have fallen out with your family and some one else is the executor you may have caused yourself problems. Nothing you have said appears to have given you any right to dispose of the Estates Assets.
Doing so when not authorised is a criminal offence
Reply | Report as offensive | Link
Fri 18 Oct 2019 13:49
Nissan Micra - Dealership registered car but not paid me - IamNora

Probate HAS gone through, I was told by the executor to put it in my name to sell it and did so. We have not fallen out just because of this, we fell out many years ago but it so happens my father is the executor and informed me to register the car to me in order to sell it on. They offered a much lower amount than the dealership offered but they have no use for the car either having teo cars and only my father being able to drive so a 3rd car is pointless other than to sell it on themselves and make money on it as I know theres no sentimental value to them about the car too.

I am legally authorised to sell the car and went on what the executor told me to do...I had no reason to not believe him. The point of the matter at hand is about selling the car and the dealership registering it before payment and before saying they needed any further documentation else I would not have taken it without the docs required.

However, they took receipt of the car, I signed all the necessary paperwork and it's only 5days later and me not being paid that I was informed they would need the extra documents. Therefore surely that's their error as they do this day in day out...I've never sold a car and was acting on the instructions of the executor.

Reply | Report as offensive | Link
Fri 18 Oct 2019 16:12
Nissan Micra - Dealership registered car but not paid me - concrete

Given that the whole legal process is now complete and the executor has discharged their duty and beneficiaries are given their allotted dues, then your inheritance is yours and can be disposed of in manner you see fit. The car belongs to you so sell it to whomever you wish. The dealer is being cautious but he cannot be blamed for that. Only for going about it the wrong way. I suspect that the dealer would like the car at his price anyway, because he can make money on it. However with a copy of the will and the grant of probate you can assure him he is on safe ground buying your car. Go and get it sorted out and get on with life. Best of luck. Cheers Concrete

Reply | Report as offensive | Link
Fri 18 Oct 2019 16:24
Nissan Micra - Dealership registered car but not paid me - Brit_in_Germany

With all the transfers going on, it is probably worth checking what the tax situation is, especially if it is currently parked in a public place.

Reply | Report as offensive | Link
Fri 18 Oct 2019 18:33
Nissan Micra - Dealership registered car but not paid me - IamNora

Thanks Brit,

The cars currently sorn and off road in a safe and legal place at the moment.thanks

Reply | Report as offensive | Link
Fri 18 Oct 2019 18:32
Nissan Micra - Dealership registered car but not paid me - IamNora

Thanks concrete much appreciated

Reply | Report as offensive | Link
Sat 19 Oct 2019 12:31
Nissan Micra - Dealership registered car but not paid me - Palcouk
Your are the victim of your own actions. Probate had gone through, you had legal title to the car. You should have followed the DVLA instructions for such cases. You then compounded the problem by giving the Dealer irelevent info, as you also did when posting here, which has the caused the current problem.
Reply | Report as offensive | Link
Sun 20 Oct 2019 14:24
Nissan Micra - Dealership registered car but not paid me - concrete
Your are the victim of your own actions. Probate had gone through, you had legal title to the car. You should have followed the DVLA instructions for such cases. You then compounded the problem by giving the Dealer irelevent info, as you also did when posting here, which has the caused the current problem.

Agreed Palcouk, as you know when people are in an uncertain or unfamiliar situation they tend to over egg the pudding. Thinking that more is reinforcing their case, when actually it is muddying the waters. From business I learned to stick to the facts as you know them and make brief, precise bullet points which are difficult to misinterpret. I would have thought the dealership would have been familiar with the DVLA process and advised her accordingly. However we all need a little help from time to time, after all the forum is here for that purpose mostly. It is nice to see a situation sorted out when good advice is followed. Cheers Concrete

Reply | Report as offensive | Link

It's FREE to list your classic car on Honest John Classics and promote it to thousands of classic car buyers, owners and enthusiasts on what is one the UK's biggest classic car sites.

Sell Your Classic Car For FREE