Jump to content


  • Tweets

  • Posts

    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 160 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Invoice for used van.


kevmaz
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5680 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi, This is my first post on this exellent forum.I bought a used van from a car sales place, the advert for the van on the car sales website,reeled of a load of specifications for the van which included Air conditioning, whist driving the van home (but thats another story) I switched the AC on but it did not work blowing air but not air conditioned air. I reported this to the car sales place but were told it would need regassing at my expence.

Told to read the invoice I had signed which states (I understandthat the seller of the vehicle takes no responsibilty for the working order of any sercurity devices which includes items such as Alarms, immobilisers, "RED KEYS", or stereros, and AIR CONDITIONING etc...) Surely this can not be right, this sounds like SOLD AS SEEN which I thought was illegal.

Can someone help with this as this is just the tip of the iceberg with this van.:mad:

Link to post
Share on other sites

If the add said air con, then that must be deemed to mean working!

any qualification of sales is worthless unless it was part of the agreed terms of the sale, which you agreed to. unfortunately you signed the sales invoice which would make any claim a bit difficult!

this would not be applicable or have any validity to any aspect of the vehicles road worthyness though.

However I still think you have valid claim as it was advertised as having air conditioning and unless you were told it was not working before you paid for it. I would suggst you approach them on this basis and see where you get otherwise you would have to take them to court; maybe just worth getting done yourself, especially if the van was cheapish!

Link to post
Share on other sites

You receive an invoice 'after' the sale so unless these specific points were brought to you attention at the time of purchase, they have no legal power.

 

Were you given the opportunity to read this invoice before purchase?

 

What is the 'etc;' after air conditioning?

Edited by Conniff
Link to post
Share on other sites

You receive an invoice 'after' the sale so unless these specific points were brought to you attention at the time of purchase, they have no legal power.

 

Were you given the opportunity to read this invoice before purchase?

 

What is the 'etc;' after air conditioning?

 

Hi ,thats what the invoice states "air conditioning etc" No nothing was brought to my attention regarding faults I just signed maybe they thought I was a mind reader, because they also did not tell me the brakes were useless, a spanner warning light on the dashboard,black smoke emiting from the exhaust when i accelerate(I have had the van to a diagnostic center who informs me that the fuel injectors are failing and need replacing (hence black smoke)at a cost of £1400(ouch) they did not tell me about that either. I have taken the van back to garage twice to get these problems sorted out but they will do nothing about it. So what do I do now:???:

Link to post
Share on other sites

There is only one thing you can do Kev - reject it under the sale of goods act.

 

No amount of words can be used to take away your rights under the soga, and an ambiguous statement such as 'etc;' (which could cover every single fault you can think of or which you complain of and they decide comes under 'etc;') cannot be used to limit those rights.

 

Only if they specifically brought to your attention a fault which you accepted or something they could not have known about, can it be discounted, but not for really obvious things that you should have noticed without being told.

 

It is illegal to emit black smoke, so the van is not fit for purpose.

 

When did you purchase the van?

How old is the MoT?

Were you given the 'advice' sheet with the MoT certificate?

 

You can only reject it in writing and must not use the van again.

Edited by Conniff
Link to post
Share on other sites

There is only one thing you can do Kev - reject it under the sale of goods act.

 

No amount of words can be used to take away your rights under the soga, and an ambiguous statement such as 'etc;' (which could cover every single fault you can think of or which you complain of and they decide comes under 'etc;') cannot be used to limit those rights.

 

Only if they specifically brought to your attention a fault which you accepted or something they could not have known about, can it be discounted, but not for really obvious things that you should have noticed without being told.

 

It is illegal to emit black smoke, so the van is not fit for purpose.

 

When did you purchase the van?

How old is the MoT?

Were you given the 'advice' sheet with the MoT certificate?

 

You can only reject it in writing and must not use the van again.

Hi, Thanks for that, I bought the van 21-6-08,A mot was carried out on the van 14-6-08 also a brake test result test sheet, and a Exhaust emission test result sheet passing the van with no advisory comments on the mot (which I find rather suspicious) the car sales center I bought the van from send all their vehicles to this Mot garage. I have contacted my local Trading standards office who sent the car sales center a letter with my concerns, they said I should take the van to the the garage who carried out the mot, which I am reluctant to do that bearing in mind this is the garage who passed the van with flying colours. I have taken the van to a Bosch OFT garage to have diagnostic carried out, who high lighted various problems, I am self employed so I need to use the van to carry out my daily business no van no work no income.I sent a strong worded email to the car sales center on Friday (no reply as yet if ever) informing them I be shall visiting my local citizens advice center to see were I stand legally, do you think I have have a watertight case?

Regards Kevin.

Link to post
Share on other sites

Yes if you reject it undr SOGA, stating why etc. and ask for all monies to be refunded, This must be done in writing and you must not use it as you would be compromising the reason why you are asking for your money back; i.e. not fit and faulty, dangerous - no brakes!

I trust it was a cash sale no hp involved etc.

Youmay end up having to take them to court, how much is involved?

Link to post
Share on other sites

Yes if you reject it undr SOGA, stating why etc. and ask for all monies to be refunded, This must be done in writing and you must not use it as you would be compromising the reason why you are asking for your money back; i.e. not fit and faulty, dangerous - no brakes!

I trust it was a cash sale no hp involved etc.

Youmay end up having to take them to court, how much is involved?

Hi, because the brakes were so poor, this was disbuted by central car sales (well they must be they gave me a certificate to say they had passed) I replaced the front brakes and cleaned up the back ones, brakes are now ok.I was starting to bite the bullet not knowing the legal issues involved or where I stood hence my questions on here, the van cost me approx £4500 cash. So far it has cost me approaching £1000 with diagnostic checks (another thing central car sales would not accept from a registerd Bosch OFT garage findings)parts/labour and loss of earnings,

the potential bill to replace the fuel injectors (hence black smoke from exhaust) of £1400 is really the last straw and I want all my money back.

Forgive my niaivety in what I should have done and what I should do, but I am just a ordinary working man who just wanted a van to carry out my business. So now what do I send Central Car Sales a letter under SOGA or do I go down the citizens advice road, which will carry the most clout.The only problem I have got now is still the black smoke (another certificate to say it passed its emmision test) £1400 would just about wipe me out.

Oh by the way why did my trading standards not advise me about SOGA when I first contacted them?

Kevin

Link to post
Share on other sites

I think your working on the van Kev will reduce or nullify your chances of rejection, it's not the same van they sold you, and as you have done work on it, they could even go as far as to say you caused the other problems as it was ok when you bought it and the MoT will show that.

 

I think the best we can hope for now is a repair.

 

Did the diagnostic garage do an emmission check and was it out of spec?

Link to post
Share on other sites

Agree with Coniff, If emmissions illegal and should not be on the road then the dealer must put it right at no cost to you.

Under SOGA not fit for purpose, write to them and give them 7 days to respond and if they refuse or dont respond you will get work done elswhere and take them to court for the cost.

If you reject the vehicle on the emmissions faiure ( probably sufficient grounds on its own ) you will have stop using it and may take some time to get it resovled, so you will be without a van.

So its up to you. You can report them to trading standards, may help.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...