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)




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)
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  1. #1
    Basic Account Holder daisymouse1975 Novitiate

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    Cool I part ex'chg my car to a dealer, he is saying it blew up on way home. What are his/my rights? *** Claim struck out ***

    I had arrange via the internet to part exchange my car for a better one, the day before the exchange happened I had problems with my car, I spent 1000.00 to get it going, it also needed a new turbo, I phoned the dealer and explained the situation in full. He said he was happy to go ahead with the deal and take car needing a turbo as long as I covered costs.He called his garage they said 750 for new turbo so I gave him a credit card payment for the 750. The exchange went ahead the next day, 4hours later I received a phone callicon saying the engine had seized/blown up, I checked with my garage who done the work and said this isn't my fault and no one could pre see this happening. The dealer keeps phoning me saying he cant afford to fix car, do I have to pay him for the repairs?


  2. #2
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    Default Re: I part ex'chg my car to a dealer, he is saying it blew up on way home. What are his/my rights?

    Hi daisy

    Welcome to CAGicon
    The guys will advise as soon as they are available.

    Heres some info:-

    http://www.consumerdirect.gov.uk/aft...r-rights/cars/

    http://www.consumerdirect.gov.uk/aft...nowyourrights/


  3. #3
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    Default Re: I part ex'chg my car to a dealer, he is saying it blew up on way home. What are his/my rights?

    he has no comeback on you, he is a dealer and was fully aware of the facts when the deal was made. I am sure the deal that was made allowed him a some profit on any resale, so thats his gamble, if he has a little or lot of work to do before he can re-sell.
    I pressume you have all the paperwork, receipts etc.
    The problem might be later if something goes wrong with the car you took of him; he may not be very forthcoming in helping you.
    He may threaten to take you to court, but if paperwork in order, dont worry about it.


  4. #4
    Basic Account Holder daisymouse1975 Novitiate

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    Default Re: I part ex'chg my car to a dealer, he is saying it blew up on way home. What are his/my rights?

    Thank You for your help.
    The dealer called yesterday and said the engine has not seized as it was turning over, said he will now be stripping down engine and looking for fault and that he would contact me later in week to talk about damage. Feeling very stressed at this whole situation.


  5. #5
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    Default Re: I part ex'chg my car to a dealer, he is saying it blew up on way home. What are his/my rights?

    dont worry its not your problem; certainly dont consider giving them any money.


  6. #6
    Basic Account Holder Pogo_Stix Novitiate

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    Default Re: I part ex'chg my car to a dealer, he is saying it blew up on way home. What are his/my rights?

    Yes, thats their problem


  7. #7
    Basic Account Holder daisymouse1975 Novitiate

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    Default Re: I part ex'chg my car to a dealer, he is saying it blew up on way home. What are his/my rights?

    Heard from dealer today he wants 2700, what he is now claiming he is out of pocket with this desk.
    I said no, he said I'm in breach of his terms and conditions and I will be hearing from his solitors :/ so I'm now on tender hooks waiting


  8. #8
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    Default Re: I part ex'chg my car to a dealer, he is saying it blew up on way home. What are his/my rights?

    What are his terms and conditions?
    please post if you have them and did you sign anything that had any reference to these?
    I think you may waiting a long time to hear anything; bluff!
    it will cost him more in solicitors fees than the money he claims he is out of pocket.


  9. #9
    Basic Account Holder daisymouse1975 Novitiate

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    Default Re: I part ex'chg my car to a dealer, he is saying it blew up on way home. What are his/my rights?

    Term1.jpgterm2.jpgThis is all the paperwork we have, sorry not a very clear scan! We/I havent signed anything, this was emailed to us. Thanks for all your help


  10. #10
    Basic Account Holder Boro Novitiate

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    Default Re: I part ex'chg my car to a dealer, he is saying it blew up on way home. What are his/my rights?

    Too small to read im afraid can you repost full size, did you have these terms supplied before or after the deal was agreed?


  11. #11
    Basic Account Holder daisymouse1975 Novitiate

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    Default Re: I part ex'chg my car to a dealer, he is saying it blew up on way home. What are his/my rights?

    That is real size!
    These terms were sent before the deal was agreed


  12. #12
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    Default Re: I part ex'chg my car to a dealer, he is saying it blew up on way home. What are his/my rights?

    feom the OP's statement I am willing to bet these were supplied after the deal and as they claim not to have signed anything then I should imagine it is worthless. The dealer has the problem


  13. #13
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    Default Re: I part ex'chg my car to a dealer, he is saying it blew up on way home. What are his/my rights?

    He took it knowing it needed a turbo and drove it? Also had payment from the OP to cover the work, and that was 750 for a turbo? He's either a [problem]mer or an idiot!


  14. #14
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    Default Re: I part ex'chg my car to a dealer, he is saying it blew up on way home. What are his/my rights?

    Tough cheese on him i think.
    With most dealers once you drive off thier premises, its tough if anything goes wrong.
    I would ignoreicon all letters, and if he keeps calling, id advise him to go take a walk and be quiet or he will hear from my solicitor on grounds of harassment.


  15. #15
    Basic Account Holder daisymouse1975 Novitiate

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    Default Re: I part ex'chg my car to a dealer, he is saying it blew up on way home. What are his/my rights?

    Received a letter today, ha said he is cancelling our contract and I have 7 days to return the car to him at my cost and arrange to collect my old car( also at my cost) or send him 4000.00 with 7 days! If I do not do either he will be taking me to a claims court, at my expense to recover his loses on the deal :@


  16. #16
    Basic Account Holder daisymouse1975 Novitiate

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    Default Re: I part ex'chg my car to a dealer, he is saying it blew up on way home. What are his/my rights?

    Losses even!


  17. #17
    Basic Account Holder daisymouse1975 Novitiate

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    Default Re: I part ex'chg my car to a dealer, he is saying it blew up on way home. What are his/my rights?

    What sort of solicitor do I need to fight him? Any recommend ?


  18. #18
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    Default Re: I part ex'chg my car to a dealer, he is saying it blew up on way home. What are his/my rights?

    You dont need a solicitor you will get the help you need here, will alert the mods for you


  19. #19
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    Default Re: I part ex'chg my car to a dealer, he is saying it blew up on way home. What are his/my rights?

    I am not an expert on this particular field but I think the siruation is quite clear - he bough the car off you having been made aware of the problems and agreeing a price to fix it. It is now his problem. If this was all doen on the internet, do you have e-mails proving this train of events?

    If so, put them on one side so they don't get deleted and print off copies to keep with any other paperwork.

    If you don't have any e-mails, things could be a little more difficult but I still think you have a case as a court judges on the balance of probabilties - he is the dealer and should know what he is buying, especially as you told him the problem. The bill he is trying to get you to pay is evidence that you are telling the truth.

    I don't think you should return the car to him or pay him any more money. If he is stupid enough to actually take you to court, he will lose.

    raydetinu is completely right IMO

    If the terms really are that small I would say they are illegible and therefore unair!


  20. #20
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    Default Re: I part ex'chg my car to a dealer, he is saying it blew up on way home. What are his/my rights?

    Do the t & c's mention anything about the trade-in vehicle condition? In any event, i'm not sure that their t & c's necessarily have any legal status. Generally buying privately is a 'buyer beware' scenario and unless you ave blatantly made false statements about the condition of the car then the buyer has no come back. The dealer was made aware of the tubo issues so IMHO, you have fulfilled your obligations to him. However, to be sure, I would either consult trading standards for advice or sorce an appropiate solicitor who will perhaps give a free initial consultation.
    Please Note

    The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

    I would always urge to seek face to face professional advice for clarification prior to taking any action.

    Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.





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