** Important News: New Vehicle Registrations on Hold

[andyinluton]

You are not liable for the extra VED! See my post on page 55 of this thread.

Are you saying not responsible for any of the increase or all of it?

For a 150 Ocean , theres an increase from £500 to £800 for the new VW declared emissions.

Then from 1st April there's the government increase for all diesels taxing them a band above their emissions so the 150 Ocean then goes from £800 to £1200

The first is down to VW the second is a tax change by the government & not down to VW

 

[CampervanTime]

The second isn’t a recent tax change, it was Introduced in the last budget and only applies if your diesel doesn’t have a RDE / WLTP published figure by 1st April 18. VW could have done this and thus avoided the extra costs on VED.

So technically VW haven’t complied with the requirement, thus not your liability as you didn’t know they wouldn’t comply when you placed your order.

 

[Blue Yonder]

Are you saying not responsible for any of the increase or all of it?

For a 150 Ocean , theres an increase from £500 to £800 for the new VW declared emissions.

Then from 1st April there's the government increase for all diesels taxing them a band above their emissions so the 150 Ocean then goes from £800 to £1200

The first is down to VW the second is a tax change by the government & not down to VW

The Itguy is correct. See his reply 1127 above. Basically the vans are not compliant with the specification we contracted against. At the risk of sounding like a broken record; our contracts are with the Dealership not VW. I know it is VW's cock up, not the Dealerships, but stay focused on the fact our contract says we will pay the Dealership the contracted OTR price for a vehicle to a stated specification, which included the amount of emissions it generated. Do not pay the Dealers the extra VED. See my previous post 1087 page 55.

 

[andyinluton]

Have you read the small print on the back of the order form?
The last VW we bought through Jardine group includes the words "if the rate or amount of car tax, VAT or road fund licence changes between the date of ordering date of delivery, you must pay the amount current at the date of delivery"

The first change is VWs fault & I agree they should pay.

The second change isn't, you knew the Cali didn't have a RDE / WLTP published figure when you ordered so why shouldn't the increased tax apply.

According to what Car there isn't a car available from any manufacturer that has a RDE / WLTP yet. So it's not just VW

 

[Digger]

Have you read the small print on the back of the order form?
The last VW we bought through Jardine group includes the words "if the rate or amount of car tax, VAT or road fund licence changes between the date of ordering date of delivery, you must pay the amount current at the date of delivery"

The first change is VWs fault & I agree they should pay.

The second change isn't, you knew the Cali didn't have a RDE / WLTP published figure when you ordered so why shouldn't the increased tax apply.

According to what Car there isn't a car available from any manufacturer that has a RDE / WLTP yet. So it's not just VW

My contract also stated these terms. Is there a Barrister member who is an expert in contract law who could give impartial advice on this? My thoughts are VW Germany should pay out as a matter of decency and customer care but if pushed and dealers are being hit the dealer may stick to the contract terms.

 

[Blue Yonder]

Have you read the small print on the back of the order form?
The last VW we bought through Jardine group includes the words "if the rate or amount of car tax, VAT or road fund licence changes between the date of ordering date of delivery, you must pay the amount current at the date of delivery"

The first change is VWs fault & I agree they should pay.

The second change isn't, you knew the Cali didn't have a RDE / WLTP published figure when you ordered so why shouldn't the increased tax apply.

According to what Car there isn't a car available from any manufacturer that has a RDE / WLTP yet. So it's not just VW

See my previous post 1087 on page 55.

Also IT DOES NOT MATTER if all or none of the manufacturers have complied with their contracted VED bands. The facts remain the same. Don't expect any goodwill from VW your contract is not with them

 

[Blue Yonder]

My contract also stated these terms. Is there a Barrister member who is an expert in contract law who could give impartial advice on this? My thoughts are VW Germany should pay out as a matter of decency and customer care but if pushed and dealers are being hit the dealer may stick to the contract terms.

see my post 1087 page 55

 

[Digger]

I had read the post but would still like a qualified legal professional to confirm before demanding the dealer accept the increase cost. As stated I think it is VW Germany who is totally at fault and it is they who should pay not the poor customer.

 

[andyinluton]

see my post 1087 page 55

You would be better off reading the contract you've signed, especially the small print on the back!

At the time you placed the order it was known that all diesel cars registered after April 1 2018 would be taxed one group higher, nothing has changed, VW haven't changed your contract with regard to this. Change in VED by Government - customer pays.

Change in VED due to wrong figures declared by VW - 100% VW responsibility to pay.

We've also previously covered the legal remedy if you are not happy - you can have your deposit back & go and join the queue to buy somewhere else.

 

[Grant5]

If this saga continues after 1 Apr, surely we shouldn’t be excepted to paid the additional VED. Clearly, it’s not my fault my vehicle has been sat in a compound for three months.

I’m guessing there is a few members being affected by this issue. If one or two individuals cancelled their orders, VW wouldn’t be bothered. However, if we all threatened to cancel our orders, maybe they would sit up and listen? Then again, they probably still wouldn’t care.

This entire situation stinks to the core

 

[andyinluton]

By all means cancel your order.
What are you going to do next ? - every single diesel car for sale in the Uk is being hit by the one band increase so you won't escape it.

 

[flying banana]

By all means cancel your order.
What are you going to do next ? - every single diesel car for sale in the Uk is being hit by the one band increase so you won't escape it.

buy a used 1 ? or nearly new or already registered 1 ?

 

[Grant5]

Granted but that’s not my point. My point is simple; it’s not my fault that this issue is potentially being dragging into Apr and now I’m expected to pay additional £700 in extra VED.

If I received my vehicle in Dec, I would’ve paid £500 VED and that would’ve been that until Dec 18.

 

[Loz]

Granted but that’s not my point. My point is simple; it’s not my fault that this issue is potentially being dragging into Apr and now I’m expected to pay additional £700 in extra VED.

If I received my vehicle in Dec, I would’ve paid £500 VED and that would’ve been that until Dec 18.

take delivery of your VAN then sue the dealer for your out of pocket expenses through the small claims court.*


*I am not a lawyer nor a financial advisor so don't take any notice of anything I say unless it is of a technical nature

 

[andyinluton]

take delivery of your VAN then sue the dealer for your out of pocket expenses through the small claims court.

Worst bit of advice i've seen for ages....

My advice - READ THE SMALL PRINT ON THE ORDER FORM - it clearly states the responsibilities & remedies available to both parties.

Sorry Im getting annoyed now, I spend 50% of my working dealing with the aftermath of un-informed people either starting Legal action or taking it upon themselves to ignore the correct procedures when dealing with contracts. Although I deal specifically with construction law, 30 odd years of experience with the courts working on both sides, gives a fair idea as to how these things tend to pan out.


Grant5 - i would not expect you to pay the first £300 increase in tax as that is down to VW's wrong figures & would 100% expect VW HQ to cough up.

Its the second increase of £400 that I think you are in the hands of the dealer providing some goodwill.

"If I received my vehicle in Dec, I would’ve paid £500 VED and that would’ve been that until Dec 18."

Did you put 'time is of the essence " on your order & agree a delivery date? if not tough.

 

[Grant5]

I had a delivery date confirmed of 22 Dec 17. My train was booked to come and collect the vehicle then I got the dreaded call from the dealer two days prior to my departure.

Thanks for your advice.

 

[Loz]

@andyinluton So if I had agreed to turn up and collect a vehicle, sold mine in anticipation, only to be told it was now not available and maybe even had to cancel a holiday as a result, would I not be entitled to some recompense?

 

[mccp]

@andyinluton So if I had agreed to turn up and collect a vehicle, sold mine in anticipation, only to be told it was now not available and maybe even had to cancel a holiday as a result, would I not be entitled to some recompense?

I'm not a lawyer and this isn't legal advice.

If you are arguing that a contract hasn't been fulfilled then it is the bare recorded contract that will be looked at, not the fairness of the whole situation. If your contract doesn't require delivery by a certain date, then delivery could be at any reasonable date. We know that in the past people have had to wait up to 9 months for delivery due to supply and demand. That was just tough. We also know that when there were delays and we were coming up to the big VED changes in 2017, some people had dealers who guaranteed delivery before April 1, or they would pick up the VED increase. Those guys effectively had a delivery date written into their contract and a remedy if the delivery date was passed.

Edit: forgot to say - if you booked a holiday without a delivery date in your contract, you probably won't get much from the courts. If you booked a holiday given that the dealer told you the van was about to arrive, then the dealer may feel that they should make a goodwill gesture.

In the end you do what you need to do, but legal action is expensive and very stressful. For the sake of an easy life I would see what I could get from the dealer (things that they can easily supply) and move on.

 

[Blue Yonder]

I'm not a lawyer and this isn't legal advice.

If you are arguing that a contract hasn't been fulfilled then it is the bare recorded contract that will be looked at, not the fairness of the whole situation. If your contract doesn't require delivery by a certain date, then delivery could be at any reasonable date. We know that in the past people have had to wait up to 9 months for delivery due to supply and demand. That was just tough. We also know that when there were delays and we were coming up to the big VED changes in 2017, some people had dealers who guaranteed delivery before April 1, or they would pick up the VED increase. Those guys effectively had a delivery date written into their contract and a remedy if the delivery date was passed.

Edit: forgot to say - if you booked a holiday without a delivery date in your contract, you probably won't get much from the courts. If you booked a holiday given that the dealer told you the van was about to arrive, then the dealer may feel that they should make a goodwill gesture.

In the end you do what you need to do, but legal action is expensive and very stressful. For the sake of an easy life I would see what I could get from the dealer (things that they can easily supply) and move on.

I agree with comments that late delivery is not a factor unless you made a setting a delivery date a part of the condition of the contract, by default you would not have. Forget about VW should do as goodwill, focus on what we are entitled to under simple contract law. Understand how "loss of bargain" is applied in contract law. Seeking redress through the small claims court is not expensive £100 ish online fee to pay. Which can be recovered when you win your case. I have done this twice before and won without it getting any further then the companies in question caving in once they receive the invitation to contest. Just need to do your home work and make state your case and take care to mitigate any loss due to the situation and claim only the amount to compensation she you for the loss. I doubt the Dealerships will contest because once they take advice they will realise they are in the wrong. It doe not have to be stressfull unless you let it wind you up. What would wind me up would be allowing either an ill informed or unscrupulous Dealership to reach into my pocket and take £400 they are not e titled too, regardless whether or not I can afford to be rob.

 

[Blue Yonder]

I agree with comments that late delivery is not a factor unless you made a setting a delivery date a part of the condition of the contract, by default you would not have. Forget about VW should do as goodwill, focus on what we are entitled to under simple contract law. Understand how "loss of bargain" is applied in contract law. Seeking redress through the small claims court is not expensive £100 ish online fee to pay. Which can be recovered when you win your case. I have done this twice before and won without it getting any further then the companies in question caving in once they receive the invitation to contest. Just need to do your home work and make state your case and take care to mitigate any loss due to the situation and claim only the amount to compensation she you for the loss. I doubt the Dealerships will contest because once they take advice they will realise they are in the wrong. It doe not have to be stressfull unless you let it wind you up. What would wind me up would be allowing either an ill informed or unscrupulous Dealership to reach into my pocket and take £400 they are not e titled too, regardless whether or not I can afford to be rob.

please excuse the predictive text errors in my last post

 

[caliblue]

Is there anyone out there who has still not received the letter?
The postman has just passed by and no sign of one yet.

 

[Gazellio]

Another good(ish) reason for buying a Dealer Demonstrator mine was taxed for a year with 10 months left when I bought it.

 

[caliblue]

Been on the phone twice during the last 4 days and Jay is never at his desk and we have never managed to
speak to him.
He must be very busy!

 

[Dazzler]

Is there anyone out there who has still not received the letter?
The postman has just passed by and no sign of one yet.

I've not had mine either but I'm leasing so there's an extra step in the process.

 

[Gazellio]

Been on the phone twice during the last 4 days and Jay is never at his desk and we have never managed to
speak to him.
He must be very busy!

Busy avoiding his Cali customers...