VW cancel order after delivery

[TeeVan]

Hi Forum,

Just wanted to let folks know that VW is up t it's old tricks again, cancelling orders placed with brokers when it considers the vehicle has been sold too cheap. I ordered new T6 Kombi with some nice extras in Nov 2016, which was delivered by SMG VW van centre two weeks ago. After a week, SMG phone to advise that VW have cancelled the order & the van has to go back. It seems that it was ordered by a fleet company who VW say should not have sold it to a private purchaser for a specific period of time (unknown). The broker has been very honourable & not argued in any way, a full refund will be on it's way if the van is returned.
The fleet company have offered full payment but VW have refused, preferring to cancel the order & block future fleet sales to that company.
Worse still, SMG tell me it is not actually registered at DVLA & it seems that my insurance is not valid & it is not taxed, hence illegal for road use. I have been driving it for a week & has significant miles for a new vehicle.
I wonder what VW are going to do with a technically new & unregistered van with this kind of mileage on it as they cannot sell it as a new vehicle, surey they would be better off accepting payment for it, but we shall see.
I have been waiting for a week for a decision from VW who seem happy to keep me hanging on.

We will have to see, I am promised an answer soon by the broker who I would rather not mention for now.

Potential buyers beware.

Best wishes all.

 

[Buggirl]

Sounds complex through other folk. Surely this should be checked before order is accepted by VW?

 

[Stueyhants]

That's really bad news. I've just come through something similar although I hadn't actually received the van when VW stopped the sale. It was registered but sat at the dealers site. It worked out in the end and VW sold it to me cutting out the broker for a similar price. Are you speaking with VW or the broker, i do have a contact number for a person in central VW i was using to resolve the problem if you pm me I can send it across. Good luck

 

[redvers]

The fleet company have arranged to lease the vehicle from VW. Legally it isn't theirs to sell if VW don't authorise the sale. Sounds like they've pushed it a bit too far...

 

[T6 Dave]

The vehicle HAS to be registered with DVLA to have the number plates on it.. It's just not in your name.. The tax status is dubious at best, as when you purchase a vehicle, the previous rfl is voided, as any outstanding goes back to reg owner, and you have to pay it from when you own it for it to be in force, starting from beginning of the month if part way through.. The ins is voided if this is not done, as technically you have not taxed the vehicle, but have it insured, and are diving it on the highways..
The value of vehicle can be set by VW in this instance if it is leased from them, as is their property.. Something you weren't made aware of ? Otherwise would fall foul of price fixing rules imo..

In the end you brought it in good faith if you believed that it was the brokers to sell, and not owned on a lease.. It was a deal between you and the brokers entered into by you.

Keep a hard copy of any emails and transactions between broker and yourself. Did you pay for the rfl to dealer at time of purchase? If so does it appear on invoice? And did they take a copy of your ins to tax it? Or have you got proof of a transaction to them for the rfl amount (bank statement etc), as this is your defence in law, as you acted in good faith, and you can't see who it is taxed to on the tax check, merely that it was taxed!

That's my take anyway.. Good luck, and let us know how you get on

 

[DaveyB]

How the hell would you stand on that if pulled over by the police? I'd let it played out in court rather than accept the 6 points and fine. I can't see that you could have done anything different.

 

[T6 Dave]

Just be VERY thankful that you didn't have a prang in it or it be nicked before you were made aware..

Btw although you still have a duty of care over their? Property, I'd send them an email stating that they should arrange to insure it against damage or theft, as you have been made aware it is theoretically possibly not your property and so your insurance status is unknown.. Or tell them you won't be held accountable.., but I'd take legal advice BEFORE sending that email, either that or put it in storage, and keep all bills until it is resolved, just get it off the road!

 

[TEESIXY]

I dont understand how insurance works with broker purchases. When you insure a vehicle, one of the questions is do you own the vehicle, and is it registered in your name. Who actually owns the van until the broker releases the V5c to you months after purchase ? In the event of theft or a total loss, an insurance company normally requires the V5c before the claim is settled, how can that work if the broker has it?

 

[T6 Dave]

This is the thing with it all.. It's an argument over ownership.. Technically you enter into a contract to order the vehicle from broker, they then lease purchase it from VW WITHOUT you being aware of the fact, you THINK they own it.. Well they don't until they pay the lease off! It's the old pyramid selling again.. You pay them your money, and await the logbook..

.If they own the vehicle and not lease it, it's yours, as the v5 clearly states it only indicates the keeper, and not the leagal owner.. And you can prove you paid for it, so you have title to it.

Watch out for logbook loans, that's another ball ache.. Dealers buy a vehicle, get a logbook loan, and take your money.. Well the loan travels with the logbook, and if not paid off before logbook details are changed, then the new owner is responsible, as the vehicle is the asset! So the previous reg keeper gets double bubble! it's buyer beware as well..

 

[YellowHound]

It's clear that there is a purge right now on Brokers. I have just received a very apologetic letter from HNV stating that VW have cancelled my order placed in January. It's not just HNV that is affected.
Gutted doesn't cover it, and I'm three months down the line!

 

[former member]

I wouldn't touch a broker with a barge pole.
I also think we get better prices through main dealers.

 

[Mojo]

I wouldn't touch a broker with a barge pole.
I also think we get better prices through main dealers.

I agree, it all sounds too dodgy just to save a few quid, my dealer gave me 12% off list and I'm happy with that and the peace of mind that comes with it!

 

[Sammy]

It's clear that there is a purge right now on Brokers. I have just received a very apologetic letter from HNV stating that VW have cancelled my order placed in January. It's not just HNV that is affected.
Gutted doesn't cover it, and I'm three months down the line!

Snap!!!!!!!!!!!I've just received my letter today,ordered mine in February.If a few more on the Forum have a similar problem perhaps we should group together and see if we can squeeze a bit extra out of a VW main dealer??????.To make things worse Blackberry is no longer available (back to the colour chart) and another 3/4month wait, if I'm lucky

 

[TeeVan]

Hi All
Many thanks for your various replies.
Yes I agree with Buggirl, VW should have checked who they were selling to before accepting the order.
In my case, the broker acquired the vehicle through a lease company, who I am assured does actually buy the vehicle outright but is supposed to then lease it to others as part of their larger leasing business (the VW dealer told me this).
The lease company it would appear have been naughty in selling some of these vans on to private buyers through brokers rather than lease them out, so I have bought a van that would have been the property of the leasing company to sell if VW had allowed the sale to them.
The issue is that VW feel the terms of business with the lease company have been broken & hence they want to cancel the sale.
Now VW want to cancel the deal, technically, it is still the property of VW as they are refusing to sell it to me unless I pay a lot more for it.
When I found out about this I immediately stopped driving it & have taken it off the public road, so thankfully no incident on road or police stops, phew !
The VW dealer has told me it is not registered even though they drove it to my home (200miles) with it's registration plates. This was the 24hrs before Good Friday & hence ther excuse for not registering it was that the person responsible for this was off that day - after the Bank Holiday, the above situation dawned on them & they postponed registration until VW pass judgement so to speak (Judge, Jury & Executioner me thinks).
A further development today - the VW dealer is chasing me for payment or return of the van with threats to report it as stolen if I do not do so ASAP. My response was that I would wish to avoid the latter option, but that they actually delivered it to me with the keys so they know where it is - how could it be stolen ? To boot, what would they subsequently do with a DVLA unregistered but stolen recovered van with significant miles on it ? Surely tis is a civil matter.
I am in the process taking legal advice, because I have invested so much time & effort into acquiring the right spec of van I want to keep it, so will try to find a VW UK contact to discuss the case it if the broker cannot sort t.
The Broker seems like an honourable set up & they are pushing the case as far as they can, so far they appear to have been great in their communications with me about the matter.
If all else fails then I will have to take the refund promised by the broker & let the VW dealer collect the van - get shot of the darned thing & start again, but with what, another VW, I wonder !

I will keep you updated on the progress - possibly from a prison cell - ha ha

 

[T6 Dave]

It IS registered! You don't make up a number to stick on your van, your assigned it on registration by dvla! That part is bollox, it has a V5! They are using the term registered for the road tax, not the V5!

 

[Tombs]

To receive a number plate against the VIN it has to be registered?

 

[T6 Dave]

They can't state it as stolen, or demand payment from you for something that you apparently cannot own!

 

[Tombs]

Do you have the V5?

 

[T6 Dave]

On presenting the docs for its first registration for use on the public highway, they need to present the vw sales docs etc, valid insurance and pay the road fund duty in force at the time of registration, they are then given a form stamped by the local vehicle licencing office with the registration number assigned to that vehicle. They also pay a fee for the registration of the vehicle.. They then go away and get the assigned registration number made up and attatch it to the vehicle.

 

[Tombs]

Yes, but who has the V5?