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Member Since: 16 Oct 2014
Location: North East
Posts: 1426

United Kingdom 2015 Defender 110 Puma 2.2 XS CSW Aintree Green
Sit down and try to relax a bit.
Tomorrow, speak to someone senior at the dealership about when you'll get your money. In person, if that is more reassuring.

Then move on. The Defender was causing you too much grief, that's why you gave it back.
Volvo or Mercedes can help.
Post #857741 23rd Sep 2020 7:42pm
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Fat Cog



Member Since: 19 Mar 2012
Location: Oxfordshire & Devon
Posts: 502

United Kingdom 2016 Defender 90 Puma 2.2 HT Corris Grey
Oh what a pickle...

As a retired Police Officer, my advice would be as follows:

When you sell to a trader you must notify DVLA (which you've complied with), you either fill in the V5C/3 section & send it in the post to the DVLA or inform them online, the trader then receives from the seller, in this case, you, the remainder of the V5C...this, I believe is where its gone a bit wrong.

From the traders perspective, they have no proof you have destroyed the V5C & less honest punters (not members of this forum of course) could appropriate the Defender & assume ownership, worse still they could flog the V5C to a scumbag in a pub...well, you get the picture, additionally they would need to apply for another V5C which has potential ramifications & could hold up a sale; however, the Defender as it's on finance will be flagged to the finance company so in effect, they will be unable to sell it on until such time as the finance has been cleared & re-financed to a subsequent owner (although businesses are less than honest on this front & can & do sell vehicles that they have a loan on without clearing it first).

From your perspective, you have agreed a sale with the trader, you have (hopefully) paperwork showing you the agreed sums to clear finance etc & you have acted in good faith, however, the stumbling block seems to be the V5C which, to be perfectly honest is a very minor issue & in my opinion should not cause a significant delay or a blockage to you receiving funds from them.

From my experience the DVLA are usually very helpful & WILL talk with you (that's if you can get through to them), following a DVLA website flow chart is a waste of time & will not help you, a real person is needed at Swansea; as & when you get through to them, tell them the whole saga & ask their counsel, also ask them to make contact with the garage to confirm receipt of your transfer instructions, however, the DVLA will not become embroiled in finance issues.

The dealer should have access to the DVLA & could be doing the same, speaking to them & getting confirmation that you have notified them of the sale...it would appear they are just being less than helpful...no surprises their then with a JLR main dealer.

The Police will probably classify this as civil dispute (which in reality it is) & will, in all probability, suggest speaking with a solicitor.

Personally, if it were me, I would attend the garage first thing & be very polite but firm & ask to speak, in person with whoever is in charge, I would refuse to remove myself from the showroom until such time as the matter be resolved (if its a long wait, their will always be posh coffee & Borders biscuits), if they threaten you then ask them to call the Police & calmly wait for their arrival...trust me, they won't want a scene on their marble floor & shiny wares....texting & emailing are easy for them to bat off but a real life person poses a whole different problem for them.

Once you've got it all sorted, head down to a Volvo, Mercedes, Seat, Suzuki dealer, or for that matter, anyone but JLR & get yourself a nice reliable vehicle.

I wish you the best of luck. Since 1973...S1, Air Portable's, Defender's, but only my Wolf TUL HS GS remains


Last edited by Fat Cog on 23rd Sep 2020 10:25pm. Edited 4 times in total
Post #857744 23rd Sep 2020 7:58pm
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Mdm



Member Since: 11 Sep 2013
Location: Sunny Lancashire
Posts: 1618

United Kingdom 
so if you have updated the v5 to trade then the dealer should have the original v5 so he can sell the car and update dvla on-line etc.

without a v5 you have 2 options. 1 apply for a replacement and hope it comes to you or 2 the new keeper has to apply which adds an owner to the v5. not ideal and there is a cost for this.

2 issues here. you cant get a new v5 to original keeper if its in trade only a new v5 and new keeper.

dvla are running months behind. 6 weeks plus for a new v5 if you do option 2.

ask me how i know. i bought a vehicle with a similar issue recently
Post #857758 23rd Sep 2020 8:31pm
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Pacha



Member Since: 23 Feb 2020
Location: North Yorkshire
Posts: 772

United Kingdom 2008 Defender 90 Puma 2.4 HT Stornoway Grey
Fat Cog wrote:
Oh what a pickle...

As a retired Police Officer, my advice would be as follows:

SNIP

I wish you the best of luck.


Sensible advice.

I would do exactly this - make some notes before you go, stay calm be insistent.

Good luck. Rgds.

Chris
Post #857763 23rd Sep 2020 8:50pm
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The Milkman



Member Since: 23 Jan 2013
Location: North Wales
Posts: 45

England 
Fantastic advice from everyone and it goes to show how sometimes just being able to reach out through forums like this one enables a little more calm and relaxed perspective on situations.....

I have sat back, calmed down and will approach things in a pragmatic way, first by calling the DVLA and garage.

Fat Cog - thank you for your wise words and advice....

Hopefully the next time you hear from me, i will bear only happy tales....

All the best
Andy
Post #857789 24th Sep 2020 6:23am
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Tim in Scotland



Member Since: 23 May 2007
Location: The Land that time forgot
Posts: 3753

 
Good luck, I hope it all works out and you get the result you are looking for. Pangea Green D250 90 HSE with Air Suspension, Off-road Pack, Towing Pack, Black Contrast roof , rear recovery eyes, Front bash plate, Classic flaps all round, extended wheel arch kit and a few bits from PowerfulUK Expel Clear Gloss PPF to come
2020 D240 1st Edition in Pangea Green with Acorn interior. Now gone - old faithful, no mechanical issues whatsoever ever but the leaks and rattles all over the place won’t be missed!
Post #857791 24th Sep 2020 6:30am
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The Milkman



Member Since: 23 Jan 2013
Location: North Wales
Posts: 45

England 
Thanks Tim & hopefully your Defender problems will be sorted soon....
Post #857793 24th Sep 2020 6:47am
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Wild Card 90



Member Since: 03 Dec 2014
Location: Gerlingen
Posts: 1060

England 2012 Defender 90 Puma 2.2 SW Indus Silver
Feeling for you.
I think most of us have experienced similar moments.
It is only too easy towalk into such a situation, presuming that all will run smoothly.

Try to get as much in writing. Emails and such. The written word is far more binding.

Additionally, I always spend a little time putting all the facts onto a page. It helps to take the emotions out of it all and strengthens your objectivity. If you do end up needing a lawyer, you can just hand him a fully detailed one-pager.

As already suggested, don´t turn back on your intention to be rid of the car. This just wasn´t your Defender and won´t improve at a second shot. You can always go back into Defender ownership at a later stage, finding exactly the right one.

Andy, good luck. you´ll be through this soon. Thumbs Up 1998 Tdi 90 SW,
2008 Td4 90 SW,
2012 2.2 90 SW,
2" raised Trailmaster/Terrafirma
Heavy Track Raids, 255 MTs,
Recaro CSs, anorak, wellingtons
Post #857795 24th Sep 2020 6:56am
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Iggle piggle



Member Since: 10 Sep 2014
Location: Wales
Posts: 378

United Kingdom 1989 Defender 90 V8 Petrol ST Alpine White
For my sins I buy & sell used commercial vehicles & have had this issue many times

I’m sure you are now aware that you should have handed the V5 (less the trade section) to the dealer

A call to DVLA will sort it out Fairly quick (if you can get them to answer the phones) as you will still be the ghost keeper on their records until a new keepers is added

Also as you put it “in to trade” the dealer can go to a post office & tax / register the new keeper on a V62 form & payment of £25
Post #857798 24th Sep 2020 7:01am
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Tim in Scotland



Member Since: 23 May 2007
Location: The Land that time forgot
Posts: 3753

 
The Milkman wrote:
Thanks Tim & hopefully your Defender problems will be sorted soon....


Thanks, I’m soon to catch a bus to go in to collect it - it’s been with them since 8:30 Monday and according to the app it’s been off on their rough route to find the remaining rattle I couldn’t fix myself - a 4 miles round trip is registered on the app and the map shows that it wasn’t a trip to collect the lunches for the boys! I’ve had regular text messages from the dealership (they are one of the better outlets) and the reason for 3 days in the workshop was waiting for “a part” to come from somewhere in the UK. I hope the door leak is now history and of course up here we are having lovely autumnal weather just when I would like torrents of rain to see if they have found the source of the leak! Pangea Green D250 90 HSE with Air Suspension, Off-road Pack, Towing Pack, Black Contrast roof , rear recovery eyes, Front bash plate, Classic flaps all round, extended wheel arch kit and a few bits from PowerfulUK Expel Clear Gloss PPF to come
2020 D240 1st Edition in Pangea Green with Acorn interior. Now gone - old faithful, no mechanical issues whatsoever ever but the leaks and rattles all over the place won’t be missed!
Post #857802 24th Sep 2020 7:12am
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Grenadier



Member Since: 23 Jul 2014
Location: The foot of Mont Blanc...
Posts: 5829

France 2011 Defender 110 Puma 2.4 DCPU Corris Grey
Following on from FatCog maybe take a second person (wife, friend, adult son etc) with you as a third-party witness? Further, perhaps ask politely if you can record the meeting on your mobile phone. Certainly have it to hand in case they do get ‘difficult’. Also, you’d be surprised how effective Twitter can be. Set up an account with appropriate dealer-name/JLR hashtags and start purging. It gets picked up by PR teams far more quickly than phone calls and grumpy emails. Twice in France I’ve resorted to this tactic (note the French are probably a decade behind the UK in their use of all things internet) with Total and with SFR (French equivalent to O2) to resolve on-going problems. Weeks of calls and emails led to nothing. Weeks. Each called me the same day and the issues were resolved in 48hrs from the moment I started publicly explaining the problems and attacking them on Twitter. And you don’t even have to use your name, if you’re not a fan of SM. I just had a username such as ‘P**sedOffWithSFR’. Thumbs Up Monsieur Le Grenadier

I've not been everywhere, but it's on my list.....

2011 Puma 110DC - Corris Grey
Post #857810 24th Sep 2020 7:42am
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Tim in Scotland



Member Since: 23 May 2007
Location: The Land that time forgot
Posts: 3753

 
It’s the same with JLR LRCS - much quicker reaction on social media than using posts and pm’s on their section here. They know far more people use social media than owners forums and also many people who are potential owners watch Facebook and twitter feeds than folllow use these forums so the CE dept has to be seen to be reacting quickly to bad press there. Pangea Green D250 90 HSE with Air Suspension, Off-road Pack, Towing Pack, Black Contrast roof , rear recovery eyes, Front bash plate, Classic flaps all round, extended wheel arch kit and a few bits from PowerfulUK Expel Clear Gloss PPF to come
2020 D240 1st Edition in Pangea Green with Acorn interior. Now gone - old faithful, no mechanical issues whatsoever ever but the leaks and rattles all over the place won’t be missed!
Post #857822 24th Sep 2020 8:43am
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The Milkman



Member Since: 23 Jan 2013
Location: North Wales
Posts: 45

England 
Well - I have an outcome and I am happy Smile

After an hour on the phone to the DVLA (who were exceptionally helpful) the garage had 2 options; either:-

a/ I fill in a V62 and apply for a V5C in my name (i.e. undoing what had been done) but this would have taken approx 6 weeks
or
b/ They settle the finance, sell the Defender on and submit a V62 on behalf of the new owner.....

They chose neither and gave me the Defender back Smile, and fixed the electrical gremlins (for now).. I am more than happy with the outcome and once again I am enjoying the defender for the great vehicle it is, I will also keep the VW Transporter 6.1 Kombi that I bought to replace the defender.... (in itself a great vehicle)

So what have I learned...lots!, fill forms in correctly, don't presume and most importantly take a step back, relax and consider options more thoughtfully...

Andy
Post #857943 24th Sep 2020 6:49pm
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Pacha



Member Since: 23 Feb 2020
Location: North Yorkshire
Posts: 772

United Kingdom 2008 Defender 90 Puma 2.4 HT Stornoway Grey
Nice one Andy! Rgds.

Chris
Post #857944 24th Sep 2020 6:51pm
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GREENI



Member Since: 22 Aug 2010
Location: staffs
Posts: 10383

United Kingdom 
Phew. Good to hear.
Post #857954 24th Sep 2020 7:30pm
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