VW cancel order after delivery
- Thread starter TeeVan
- Start date
Do not let it go without proof of persons insurance and if they say it has not been taxed (check online) they need trade plates. Also get video of walk around with them agreeing any damage or lack of, as well ad mileage and make them sign a pre made letter (pref by solicitor) taking vehicle back with date and time on it and witnessed by neighbour or police.. Also make them sign for keys. You are not a criminal, have not done anything underhanded, and deserve respect and not bully boy tactics!
Unfortunately title can't pass if the seller does have the right to sell (in this case leasing co breaching VW conditions of sale).
Ultimately its best to do what you are, have a sensible conversation and use persuasion with VW and the leasing co.
If that falls through you may be able to recover some costs from the leasing co, sounds like you are doing all the right things plus taking legal advice.
Good luck.
Ultimately its best to do what you are, have a sensible conversation and use persuasion with VW and the leasing co.
If that falls through you may be able to recover some costs from the leasing co, sounds like you are doing all the right things plus taking legal advice.
Good luck.
Grey area I'd have thought, as if vehicle has been purchased outright by leasing company, titled has poss passed from vw, even if has a clause the goods have been paid for.. Would of thought only recourse from vw would be full price to be paid by lease company and they can't then pass this onto the purchaser, as they have been caught out.. needs to be looked at by solicitor imo bit of a mess.. As I stated, get legal before you do much else m8..
Last edited:
Sadly possession isnt title, nor is a V5, not from a legal perspective, anyway a good solicitor will advise best course of action.
There is a lot of good case law around title through performance etc, to support any action.
Hi again,
Been tinkering in the garage for a while, seems the forum is getting busy while I was there.
Tombs rightly asks about the V5 - I do not have it.
It is an outright purchase by me, I am not doing HP, PCP or leasing purchasing it.
As VW want to cancel the sale, I am now not sure who the dealer registered it to.
I am chasing the V5 in ernest though.
As time goes on, I am thinking that if I don't get the V5, I may actually cancel the sale even if VW agree to let it go ahead (thank you o great one, ye mighty German manufacturer of ill repute).
Been tinkering in the garage for a while, seems the forum is getting busy while I was there.
Tombs rightly asks about the V5 - I do not have it.
It is an outright purchase by me, I am not doing HP, PCP or leasing purchasing it.
As VW want to cancel the sale, I am now not sure who the dealer registered it to.
I am chasing the V5 in ernest though.
As time goes on, I am thinking that if I don't get the V5, I may actually cancel the sale even if VW agree to let it go ahead (thank you o great one, ye mighty German manufacturer of ill repute).
The broker has leased the vehicle from VW for a certain price a month. As part of that agreement, if they get to the end of the lease, the vehicle is not theirs i.e. they have to return it.
As part of the lease agreement, there's an option to cancel it and pay off what is owed, and give the vehicle back. This is a B2B deal so nice stuff like consumer credit act doesn't apply.
At the end of the lease, the vehicle will get re-sold by the dealer used by the broker, but it has to be sold on to someone other than the broker themselves. It is also possible for the broker to sell the vehicle on behalf of the dealer and pass the cash on to the dealer in full.
(I believe that you cannot sell directly to the person who took the lease as it's seen as a way of avoiding VAT by HMRC, which is effectively how the broker is able to get such good prices!)
I imagine that there is a limit to the number of vehicles a broker can lease/sell on, and once they pass that limit, the finance company start digging in and refusing to allow any more to be sold.
While the vehicle is still leased by the broker (3-6 months after delivery) it's legally owned by the finance company. Only when the broker does an early termination and settles the finance bill does the ownership transfer to the third party, and the V5C get released.
In this instance I imagine the broker has tried to terminate the lease agreement, has been investigated, and the entire lease portfolio for the broker has been terminated by the finance company. Ownership remains with them, so they may be who you need to speak to regarding the re-purchase of the vehicle now...
As part of the lease agreement, there's an option to cancel it and pay off what is owed, and give the vehicle back. This is a B2B deal so nice stuff like consumer credit act doesn't apply.
At the end of the lease, the vehicle will get re-sold by the dealer used by the broker, but it has to be sold on to someone other than the broker themselves. It is also possible for the broker to sell the vehicle on behalf of the dealer and pass the cash on to the dealer in full.
(I believe that you cannot sell directly to the person who took the lease as it's seen as a way of avoiding VAT by HMRC, which is effectively how the broker is able to get such good prices!)
I imagine that there is a limit to the number of vehicles a broker can lease/sell on, and once they pass that limit, the finance company start digging in and refusing to allow any more to be sold.
While the vehicle is still leased by the broker (3-6 months after delivery) it's legally owned by the finance company. Only when the broker does an early termination and settles the finance bill does the ownership transfer to the third party, and the V5C get released.
In this instance I imagine the broker has tried to terminate the lease agreement, has been investigated, and the entire lease portfolio for the broker has been terminated by the finance company. Ownership remains with them, so they may be who you need to speak to regarding the re-purchase of the vehicle now...
"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."
In this instance if VW have been paid in full, to me they have passed title, but VW have a clause.. You need legal on this, v5 has to be presented in your name in this as first reg keeper, as you have paid the first registration fees on your invoice and that can only be charged to the first person to register the vehicle AFAIK..
But you are doing right m8, just write these points down to run past legal with all your papers, as its a headache as it appears there's a lot of people in this stew that you weren't fully aware of!
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."
In this instance if VW have been paid in full, to me they have passed title, but VW have a clause.. You need legal on this, v5 has to be presented in your name in this as first reg keeper, as you have paid the first registration fees on your invoice and that can only be charged to the first person to register the vehicle AFAIK..
But you are doing right m8, just write these points down to run past legal with all your papers, as its a headache as it appears there's a lot of people in this stew that you weren't fully aware of!
Last edited:
Similar threads
