Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)



Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

reg. office:
923 Finchley Road
London
NW11 7PE
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  1. 16th March 2009 16:03 #1
    PLUTO1 PLUTO1 is offline
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    Default Second hand car has been comdemned!!!

    I really hope someone has some ideas...

    I live in France and purchased a car (Volvo XC90 T6 2003) from a garage in Leeds UK 3 weeks ago. I had a friend test drive it and made the garage re-MOT the car before purchase. A few small things were noted including a small oil leak but the man at the MOT centre stated this was nothing to worry about.

    The car was then driven from UK to France by my sister. 1 week after arriving in France the car started to struggle to reverse. After spending €170 having the car looked at and the transmission fluid replaced by a local garage it was deemed to be a bigger problem and is now at the Volvo dealership. After preliminary checks it looks to need a new gearbox and the oil leak is possibly a major problem aswell!! It looks like the repairs will start around €6000 - the car was bought for £6500 We will know for certain on Wednesday.

    My husband spoke briefly to the garage on Friday and basically he said tough... you bought it so your problem!!

    My question is where do I stand. I know I am covered by the SOGicon Act and I have a number for a French Consumer centre who I will call tomorrow (typically french and not open on a monday!!) to see if they can give me some assistance but what should I say to the garage? The Volvo garage is saying the car is completely unsafe to drive so there is no way I can get the car back to him in order for him to make the repairs himself... assuming he agreed to this anyway. If we have to repair it ourself can we make him pay for this?

    Any ideas?

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  2. 16th March 2009 16:24 #2
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    Default Re: Second hand car has been comdemned!!!

    Get a full report. Fax it to the garage. Give him 5 days to respond with a proposal for payment of the work.
    If he doesn't respond satusfactorily then send him a 7 day lbaicon and then sue him.
    Don't bother to do this if you are only trying to bluff him.

    You will need to supply a UK address for service of documents. You should aslo have someone very reliable to open any documents which arrive for you at that address and to scan them over to you.
    You will have to attend hearings in UK. You can make a clase to claim the reasonable costs of travel. you may be successful.
    Certainly you should make it clear in your LBA that you are abroad - as he knows and that if he forces to a hearing then you will apply for the reaosnable costs of travel from France together with any subsistence costs.
    As this is more than £5000 it will be fast-tracked. This means that you will be able to claim your time at £9.25 per hour so keep a precise record of the time you spend on preparation, court, etc.
    Get a county courticon guide book

    Please don't pm me about specific questions unless you have posted and it has not been dealt with or unless the matter is confidential.
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  3. 16th March 2009 16:27 #3
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    Default Re: Second hand car has been comdemned!!!

    Incidentally - you may eventually be awarded the value of the old gearbox in reasonable condition. But let the dealer raise that in his defence and let the judge decide.

    Please don't pm me about specific questions unless you have posted and it has not been dealt with or unless the matter is confidential.
    Please include a link to the post you want me to look at. If you have received a defence, contact me.
    Advice & opinions of BankFodder, The Consumer Action Group and The Bank Action Group are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.
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Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE