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    • Post #415 you said you were unable to sell it yourself. Earlier I believe you said there had been expressions of interest, but only if the buyer could acquire the freehold title. I wonder if the situation with the existing freeholders is such that the property is really unattractive, in ways possibly not obvious to someone who also has an interest in and acts for the freeholders.
    • i dont think the reason why the defendant lost the case means anything at all in that case. it was a classic judge lottery example.
    • Hello, I will try to outline everything clearly. I am a British citizen and I live in Luxembourg (I think this may be relevant for potential claims). I hired a car from Heathrow in March for a 3-day visit to family in the UK. I was "upgraded" to an EV (Polestar 2). I had a 250-mile journey to my family's address. Upon attempting to charge the vehicle, there was a red error message on the dashboard, saying "Charging error". I attempted to charge at roughly 10 different locations and got the same error message. Sometimes there was also an error message on the charging station screen. The Hertz 0800 assistance/breakdown number provided on the set of keys did not work with non-UK mobiles. I googled and found a bunch of other numbers, none of which were normal geographical ones, and none of which worked from my Luxembourg mobile. It was getting late and I was very short on charge. Also, there was no USB socket in the car, so my phone ran out of battery, so I was unable to look for further help online. It became clear that I would not reach my destination (rural Devon), so I had no choice but to find a roadside hotel in Exeter and then go to the nearest Hertz branch the following day on my remaining 10 miles of charge. Of course, as soon as the Hertz employee in Exeter plugged it into their own charger, the charging worked immediately. I have driven EVs before, I know how to charge them, and it definitely did not work at about 10 different chargers between London and Exeter. I took photos on each occasion. Luckily they had another vehicle available and transferred me onto it. It was an identical Polestar 2 to the original car. 2 minutes down the road, to test it, I went to a charger and it worked immediately. I also charged with zero issues at 2 other chargers before returning the vehicle. I think this shows that it was a charging fault with the first car and not my inability to do it properly. I wrote to Hertz, sending the hotel, dinner, breakfast and hotel parking receipt and asking for a refund of these expenses caused by the charging failure in the original car. They replied saying they "could not issue a refund" and they issued me with a voucher for 50 US dollars to use within the next year. Obviously I have no real proof that the charging didn't work. My guess is they will say that the photos don't prove that I was charging correctly, just that it shows an error message and a picture of a charger plugged into a car, without being able to see the detail. Could you advise whether I have a case to go further? I am not after a refund or compensation, I just want my £200 back that I had to spend on expenses. I think I have two possibilities (or maybe one - see below). It looks like the UK is still part of the European Consumer Centre scheme:  File a complaint with ECC Luxembourg | ECC-Net digital forms ECCWEBFORMS.EU   Would this be a good point to start from? Alternatively, the gov.uk money claims service. But the big caveat is you need a "postal address in the UK". In practice, do I have to have my primary residence in the UK, or can I use e.g. a family member's address, presumably just as an address for service, where they can forward me any relevant mail? Do they check that the claimant genuinely lives in the UK? "Postal address" is not the same as "Residence" - anyone can get a postal address in the UK without living there. But I don't want to cheat the system or have a claim denied because of it. TIA for any help!  
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    • 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.

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      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
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didnt sign PX over too dealer


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Bought another car last friday and traded in my old car for £100..

 

handed over the log book but i did not fill in the new owner details. i simply handed him the papers.

 

when he gave me the receipt for the deal, he did not put the px car details on the receipt either. he simply took £100 off the price of the car.

 

I did no notice this until i got home.

 

The MOT ran out on the 14th hence the need for a new car.

 

my biggest concern is he has sold the car onto someone else and i am the previous owner, not the trader.

 

am i panicking over nothing or do i need to send and email or letter explaining this too cover myself?

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pers I wouldn't worry about it.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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dealers dont show up as keepers most of the time

otherwise when you buy a new car it will have at least one previous owner.

 

I doubt if a £100 MOT failure is going anywhere other than into the trade any time soon so no need to panic,

 

just ask them nicely to do the necessaries,

 

they may well have done it online themselves if they do MOT's as they will have the link to the DVLA alrady set up.

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When vehicles are transferred to the trade,

the old keeper is required to notify the DVLA by sending them the relevant part of their V5C and giving the rest of the V5C to the trader.

 

The trader does not do anything and only sends the V5C to the DVLA with the new keeper's details when the vehicle is sold.

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The process is called 'dual notification' and is ideally supposed to be done in each others presence.

 

As others have commented this should have been done online and a copy of the notification given to yourself to cover this very eventuality.

 

It is a big deal if that car is driven round getting tickets etc.

Officially proving that you were not the owner/driver is a nightmare and stories abound.

 

I 'scrapped' a £100 Ford Ka a couple of months ago and took it to the yard i use myself.

Because i have a relationship with them i always trust that they will post out the notice of destruction etc.

I have just recieved the first speeding ticket......

 

Call the dealer and ask them to confirm that they have completed taking your name off the car.

A lot of traders do not show cheap part exchanges on the invoice.

This means they can reduce the price of the car you are buying and save a little VAT.

It also means they can sell your swapper for cash without paying VAT on that as well due to the fact it has never come into their stock officially.

 

Cheap smokers are often sold to undesirables who drive them with no tax or insurance.

When they are stopped and the car confiscated they just repeat the process.

 

You need conformation in writing from the dealer just in case you get anything back,

if you read a logbook/V5c it clearly states that it is the registered owner's responsibility (i.e. YOU MUST)

and also states 'Failure to tell the DVLA may result in a fine or prosecution', you can decide for yourself if that sounds like a 'big deal' or not.

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The process is called 'dual notification' and is ideally supposed to be done in each others presence.

 

As others have commented this should have been done online and a copy of the notification given to yourself to cover this very eventuality.

 

 

 

It is only the seller, not the trader, that is responsible for notifying the DVLA of the transfer, either by sending the completed V5C/3 part of their V5C or on-line.

Failure to do so can cause problems, as you have found .

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