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rps1969

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  1. Hi I think we are somewhat confused. The amount they are requesting was not my Max Bid ammount. My max bid was some £1000 less. If they were asking for that then I would not have a problem. The bidding continued after my max bid amount and I have no way of knowing if the winning bid was fraudulent and to be fair I cannot see how or why that should involve me. I offered my max bid amount and they refused claiming they wanted the amount that showed on their data.
  2. Some good points you have hightlighted there, thanks. Can anyone expand on this I also read uder the Distance Sell Regs the following Something else i have just noticed with regard "(2)A sale by auction is complete" Sale of Goods Act 1979 (c. 54) If no provisions where in place so "any bidder may retract his bid" then does this not go against the SOGA also ?
  3. Thanks for your replies. Its going off track somewhat. Being a computer consultant i understand what is required log wise and what to look for. What is really required is advice concerning what is mentioned online at the CAB website advice guide . org . uk and the link is c_buying_at_auction.pdf and where i stand. Please anyone?
  4. You say [EDIT] ? what was the [problem] over. Me, i would contact the police if you can show it was a fraudulant act. If it is NCO dont bother with phone call to them, as you will get nowhere with that lot, just send them a letter saying you dispute the amount.
  5. Thanks everyone for your reply so I will answer those with questions. As far as I am aware they claim I was the highest bidder? There is a very good guide supplied by the CAB that can be found on their website. I think it is advice guide . org . uk and the link is c_buying_at_auction.pdf but its difficult to understan my rights. It would read I have the same rights as if purchased normally online. In answer to butty_a, I have seen the so called logs of the auction and I refer you back to my opening statement However these logs do for whatever reasons indicate I was the winning bidder and if there was a problem at that moment in time with who was hosting their software it did not show up on the logs they sent. This is why I asked for the server logs, which have not been supplied. I had two witnesses who where with me at the time who can state the the "bid was against me" and I did not win as they are claiming. I am wondering if they are at a loss as if i where the winner then the other person lost and visa versa, moreover what if we both had same message?
  6. Hi legalpickle In asnswer to your question Can I just point out that as I lost the bid to someone who bid higher than me. As such my bid was lower than the amount that won the bid. Moreover, they are requesting more than my max bid for anyway. Hope this clears up the point. With regard the terms and conditions they read like this This is all there is with regard to bidding.
  7. Hi everyone Need a little advice on this one regarding Sale of Goods Act 1979. To cut the long story short I purchased a new Number Plate through Premier Motor Auctions Premier Motorauctions :: DVLA Personalised Registrations who are the contracted auctioneers for DVLA's Personalised Registrations. I bid online as travelling to the venue was too far away. Bidding got underway on the particular lot I was interested in. Anyone who has used the site will tell you that when you are the current highest bidder a big green box advises you of this. If you are outbid it turns red and states “bid is against you”. Now this is where the fun started. Though I really wanted the registration plate I bid up to my maximum and lost the lot to someone else. Moving on and feeling totally gutted about an hour later I received an email from Premier Motor Auctions that contained an invoice – which was rather odd as I did not win. I contacted Premier Motor Auctions by phone straight away and they said someone would contact me back. They did on Monday following Friday’s auction and where the most unhelpful bunch I have ever spoken with. I explained that screen was red and the bid was against me, but they would not have it and said they had the logs. So I requested that they sent them to me. Logs of the auction they were not, well not if they were to be used for an expert witness then these would have to come from Premier Motor Auctions webhost who was hosting the auction software. What they had was merely a receipt supplied by third party (webhost) detailing times, bid amounts and by whom. Anything such as a timing delay or unobserved hiccup it would not show, or more importantly showing a smooth unobstructed auction lot took place. Now this is really stressful as there require £8164.00 and they have now instructed a solicitor to deliver this to me. My question is this and as an addional back up? Should a consumer whom is going to bid be informed in the terms and conditions or anywhere else their rights governing the sale? As I have read somewhere... “If they tell you that your rights under the Sale of Goods Act were excluded, ask them to show you the sign or disclaimer so that you can check this. In any event, the auction house should not be able to disclaim liability if they have been negligent.” And also The “reasonableness" test - Unfair Contract Terms Act 1977 If anyone can point me of decipher the Sale of Goods Act or Unfair Contract Terms Act 1977 it would help a lot. Richard
  8. First off I would start to do things in a proper manner if not already done so. Like for instance; sending a letter before action, conducting negotiations to settle this claim without court proceedings Please bear in mind however that even though you have filed for Small Claims this is not yet set a track and the Judge may ask for a pre-hearing trial before deciding this. He/she is likely also give both parties directions. i.e. Independant Inspection. I think you need to get your case in order as the points you make about the MOT, Trading Standards, Tax Office will not help you in your case. All these people will give you advice be it right or wrong for you, however, they protect the position in terms of there individual Laws and will not act in a way to support your case directly. You can refer the findings to the court in support of your case, but these things take forever. Fees When you make a claim you will have to pay a court fee. (Correct me if I am wrong) If you are claiming: Up to £300 £30 fee £301 to £500 £50 fee £501 to £1000 £80 fee £1001 to £5000 £120 fee This is what I would do. Gather your facts, Send a letter recorded delivery giving 14 days to reply. No reply with satisfactory resolution? Then fill in a claim form (N1) and make a copy for each defendant and the courts. Don't worry to much at this stage as the defendant has 14 days to reply to the claim form. At anytime you need a little extra time then submit a stay of proceedings and the reason why. You really need to stop communicating through eBay and stop messing around and show him you are for real without empty threats. Until you do this then persoanlly I think your chances of a refund are slim.
  9. My Mistake Bookworm about the top part if that was the case. I take your point about However, we are talking about the seller stating "drives spot on" yes. Ok, so say for instance the car was indeed fault free when it was purchased and the seller was telling the truth, the buyer went down the road and hit the kerb resulting in the problem discribed. The buyer then claims the car has a problem, without telling the seller about hitting the kurrb. It would be for the buyer to prove it had this unroadworthy fault prior to purchase. Unfortunatly unless the fault was due to wear and tear making it unroadworthy then even an Independant Inspection could not state when the problem first came about. I,m not being arguementitive here, just giving advice which after all was what was initially asked for. My adivce is he can prove all he likes, but it will all be in vane if the seller cannot affort to pay the sum back in one go, which if your consider the probabilities is highly likely.
  10. Take it to court as from what I can see he has three neg feedbacks for the same thing - I am sure he can pay you back £10 a week for 2 years. The seller would appear quite young (gut feeling), say 17 with a car like that, and if he has not got the funds to pay you back I dont think the Courts would throw him in jail. I think it is fair to say he knew the car had faults, but if he claimed he only drove it at 40 MPH which he may have and if he generally did not know of the fault then I cannot see where blame could be portioned, and the judge may simply rely on the facts in front of him and the law about private sales. If you are claiming this guy was a "dealer" then then how many honest 17-19 year old car dealers do you know? I know this is not the point, but I get the feeling you are not that old yourself and have been somewhat robbed. But hey hands up, I bet you have already questioned what a fool you have been ah! Yes you want a refund, Yes you have been done, but again, if he does not have the funds to hand over how will this help you? And what really can the Courts do apart from say issue a community order and that will not get you your money back. Such things happen all the time in court. OH, and for those who suggested I was wrong please take note: This statement is NOT correct as it has not been established that the seller was a "trader"- As such "Privately" sold goods DO NOT have to be of satisfactory quality. Once the purchaser has paid for the item, in law he has satified this point. As if he was not satisfied he would not have purchased it. What the law says When you buy goods from a private individual, for example, by answering an advert in the local paper or at a car boot sale, the law says the goods must:- • match their description. This means they must be as described by the seller. This includes any description on the label. For example, if a seller says a car has a 1800cc engine, it must not have an 1100cc engine. It is important to check goods before you buy, because generally goods brought from a private seller do not have to be free from faults. However, if the seller tells you the goods are in good working order, and they turn out to be faulty, then you may be able to take action on the grounds that the goods did not match their description This point is in your favour People who sell goods as part of their business sometimes pose as private sellers, because then the customer has fewer rights. This is a criminal offence. If you buy goods from someone posing a private seller, you can insist on the same rights as if you had brought the goods in a shop. For example, if the goods are faulty, you may be able to get your money back. It is an offence for a private seller to sell an unroadworthy car. You would need to establish if the car was unroadworthy by an independant inspection. Your rights if the goods are faulty Refund You probably won't be able to return (reject) faulty goods and get your money back because goods brought from private sellers do not have to be free of faults Enough said I think
  11. Thanks for your advice. Im now off to Austria to live.
  12. Ok so if I were to put £489K into the bank, (for which to question is really for and is the amount)and the interest is my only source of income, anything above my basic rate of personal tax would be taxable ? Am I correct ?
  13. I think we are all missing the point here somewhat with the arguing of simple facts. With courts nothing is fact until proven beyond reasonable doubt, so it does not matter what is said in this forum. More importantly, the Burden of proof lies with the Claimaint in this instance and this may mean getting an independant report with additional costs, and there is a big chance the Small Claims Court will not let you add this cost to your claim unless it is a direction of the Court beforehand. (this is the way Small Cliams work) Added to this you have to prove he is a trader and all the other gumf. he could simply come out with excuses that he was selling it for someone else. If something like this happens, and it does, then you only have the description to go on as he will be a private seller. PLEASE TAKE NOTE: IT WILL NOT MATTER IF THE CAR BROKE DOWN 4 MILES UP THE ROAD IF HE IS A PRIVATE SELLER, HE COULD SAY HE WAS NOT AWARE OF ANY ISSUES AND THAT WOULD BE GOOD ENOUGH. PROVIDING HE DID NOT STATE SOMETHING THAT WAS NOT TRUE IN THE DESCRIPTION THEN THERE IS NOT MUCH YOU CAN DO ABOUT IT. FACT You have a choice really. Take it to court and prove beyond doubt what you are saying is correct, or, take it on the chin and forget about it. Personally I know what I would do ? Take it on the chin. All proberly not what you want to hear really but these are the factS of the matter.
  14. Thanks for looking anyway. Yep, you are taxed on everything more than once in this country !
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