Have posted this before but its vanished. My car was caught speeding on 27/8/09 allegedly doing 44 in a 30. I initially asked the police could they have a look at the photo's taken at the time to help identify the driver (it was either myself or my wife) was driving. We had just come back from a weekend away to the Lakes, she drive home but i went back out in the car 20 mins later. When i got back she went back out in the car to the shops, point being the car was used 3 times in 2 hours by both of us. The road were the car was snapped is at the bottom of the street were we live, so it could have been both of us. So they wrote back stating that they had examined the photos and DVD of the incident and due the amount of glare on the windowscreen (camera was forward facing) they cannot identify a driver or passenger. They then stated i had 14 days to respond. So i sent this.... Dear Sir/Madam Please find attached my completed NIP response. I feel I have taken all reasonable steps to identify the driver (either myself or my wife) at the time of the offense. The vehicle was used 3 times in a 2 hour period on that day, as we are the only two people who have access and are insured to drive the vehicle we do not keep any form of log. Having exhausted any obvious avenues to identify the driver I wrote to Merseyside Camera Partnership to ask for assistance in identifying the driver or even a passenger, I received a response on the 9 October. The response states that a review of the evidence (DVD and or photographic) has been completed and despite the camera being forward facing (to help aid driver/passenger identification) due to reflection/glare on the windscreen it was not possible to identify a driver or passenger in this case. The camera partnership did not provide any photographic evidence as requested to help aid the identification of the driver, they choose to state they are not legally obliged to comply with such requests which I find unhelpful given I am legally obliged to supply the information within a set timeframe. If a passenger could have been identified it would have been obvious to myself who would have been driving and I could respond formally. As this is not the case I cannot say with any certainty whom was driving at the precise time. I am aware that I am legally obliged to provide this information but I am unable to do so in this case. I feel I have taken all obvious reasonable steps to identify if myself or my wife was driving at the time of the offense. But I am also mindful that providing a false statement or a statement which I know to be inaccurate is also an offense, on that basis the only information I can supply is that it was either myself or my wife who was driving at the time, due to the fact the vehicle was used several times in such a short space of time and the DVD/Photographic evidence is inconclusive I am unable to say which one of us it was. I hope you will take this into account when making a decision on how to proceed. I have waited 3 weeks for a reponse and now they have said there going to take me to court for failure to furnish police with driver information, which is incorrect becuase i have provided the driver information. I will copy the body of the letter in now. Any help would be appreciated

Result !!!!! Went to a different local store last night, they initially said they would only swap like for like, but then i said i had spoke to Trading Standards and produced the leaflet which i printed out and they suddenly took on a more customer orientated approach. Which was here s your money sir sorry about the hasstle. Which i then converted half of that into 2 cases of beer, everyones a winner Thanks again for everyone for the posts, something to be aware about next time you buy games, software etc from supermarkets.

thanks a bunch, incidently they have cases of beer on offer for a fiver at the moment. Just a tip for all your hard work;)

Yeah thanks guys / girls i think thats probably cleared it up. Think the Trading Standards need to have a look at their website Blitz... if you could cope the relevant links in for me i would be grateful, just incase Asda stonewall me. Thanks again

FYI this has just been taken from Liverpool Council Trading Standards website Refund, repair or replacement - what am I entitled to? A short guide to what you can claim when you buy faulty or misdescribed goods When you purchase goods, you expect them to be working, as described, and suitable for their intended purpose. In fact, the law states that the goods you purchase should be: Of a satisfactory quality. This is generally defined as meaning they are free from defects, safe and durable. As described. They should correspond with any given description. Fit for any purpose that is made known to the seller. This covers situations when you request that goods are for a particular purpose (e.g. you make the seller aware that the car you wish to purchase, needs to be suitable for off-road driving). This is mentioned in the Sale of Goods Act 1979 (as amended), and the Sale and Supply of Goods to Consumers Regulations 2002. Can I get a refund if the goods are faulty, misdescribed or not suitable for the purpose I requested? You may be able to claim a refund if you make the seller aware of a problem with goods shortly after purchase. This is known as 'rejection'. Unfortunately the period within which you can reject goods is not clearly defined in law and can depend on the type of goods purchased. In most cases you are only likely to have a few weeks after purchase to reject goods because of a problem and clam a full refund. If you are looking to reject the goods then you should: stop using the goods immediately; and contact the seller as soon as possible (in writing, if necessary). If you have had the goods for more than a reasonable period of time without rejecting them (see above), then you may be deemed to have accepted the goods. If acceptance is deemed to have taken place, then your rights may be limited to a repair or replacement in the first instance. You may also lose your right to reject the goods if you have altered or customised them in any way.

very interesting thank you. Now we have a problem given that the SOGA and what the Trading Standards are saying is conflicting. It would seem Asda may take one small bit of the SOGA and apply it to everything. The Act itself seems very clear to me, yet the Trading Standards is conflicting the Act itself. Would appreciate any more comments / suggestions. Maybe if a MOD could pick this up it could be looked into in more depth.

thanks for the replies, can you direct me (the maverick) to the correct bit in the SOGA then, as have gone over it twice now and it clearly states in the case of "faulty" items "not fit for purpose) etc i am entitled to a refund. I just want to get my facts stright before i cause a big fuss

Bought i Wii game for my son on Sunday, he tried all night and yesterday go get it working, including trying it on another machine. I said i would take it back and get another one but he said he would rather have the money and get one himself, probably becuase he was fed up of seeing it. tried to get a refund today and they flatly refused, said they would swap for the same game and thats it. I telephone the customer services who just looked on there web site and said that the policy now, have a nice day. Surley this is in direct brach of the SOGA i have look to see if there are any exemptions in it (for electrical goods or games etc) and there are non. Just says i am entitled to replacement or refund at my choice. Anyone had the same problems, I am correct in thinking i am entitled to a refund.

No I was very careful how i worded the request, the jist was "may i request a copy of the photograh(s) taken at the time, this will help identify the driver" This was in a letter sent recorded delivery and was recieved as they responded by saying NO I will call today and ask again for a copy and get the persons name and badge number, at least that way once it goes to court i will have exhausted my avenues so to speak it will also make the Police look un-cooperative

yes i asked and they responded by saying "they are not legally obliged to provide that information" they then went on to say they had exmanined the DVD and due to the amount of glare on the windscreen they cannot identify the driver or tell if there was a passenger present. They gace me 14 days from receipt of that letter, so i have drafted a full response outlining my reasons why i cannot say if it was myself or my wife, and that i feel i have taken reasonable steps to identify the driver including contacting the police for help (and they were not too helpful) I really do feel i have dont everything i can, ill probably get bombed out in court but i can only try

Mightymouse: The letter states due to the glare on the windscreen they cannot tell who is/was in the car nor if there was a passenger. Reydetinu: The location was a road just at the end of my street to its used basically any time me or my wife goes anywhere in the car

yeah completly agree with the speed point, and if they had produced a photo with me or my wife behind the wheel then no problems, the road is a dual carridge way but thats not the point. If i reply and say it was me to savr the hasstle then i am commiting an criminal offense if i reply and say it was either myself or my wife can you proof which one then im commiting an offense. Either way im commiting an offense ) !!! And the police wonder why they get a bad rap. Should have drove at 159mph and i probably wouold have got off with it Policeman caught speeding gets off free | Metro.co.uk Hang on damm im not a copper

Hi thanks for the replys just to clarify, not saying i have amnesia and i dont know who was driving i have stated to them it was either myself or my wife, as we both used the car in such a sort space of time. They have already responded stating they have examined the DVD evidence and due to reflection or glare on the windscreen neither the driver or a passenger can be identified. Now bear in mind the camera was front facing to aid in the identification of the driver if it was ever disputed. I feel its unjust if they proceed, they could not convict anyone of a crime this way, its like saying proove you didnt commit a crime rather than here is the evidence. I have also stated that if i respond and say it was me when i do not know is tantamount to giving a false statement which is a crime also, we genuinly dont know which one of us was driving, the road it was on is at the bottom of our street and is used basically everytime we need to go anywhere.

basically what happened my wife and i returned home from the Lakes she drove home. We got in sorted some stuff out etc.. i went to halford then to get some bits (drove on my own). Got home and she went out then aswell. In such a short space of time it could have been either of us.

Recieved a NIP for doing 44 in a 30 on 4 Sept. Wrote back asking for a photo to help identify the driver which would have either been myself or my wife as be both were using the car on that day. They have wrote back today saying despite looking at the photos and DVD? taken on the day and despite allt his was taken forward facing they cannot identify a driver or passenger dur to glare on the windowscreen. Despite this i still have to provide the information within 14 days. What can i do here, we dont know which one of us was driving at the time of the offense? Its crazy if we dont decide ill get points and a huge fine

right spoke to the finance company and they have said that the base rate was 5.5% but the APR is actually 13.7 after they have put the fees on £199 acceptance fee and £50 vehicle protection fee. But the rate i was quoted was 5.5% - i feel like i have been had. What is the difference between base rate? and apr

yeah i signed it at the garage

trouble is i did sign it. Its only when i got all the docs from the finance company have i read through em. I still have the voice message on the phone confirming the apr and monthly payments. Do i have 14 or 30 days to cancel or somthing?

how old are you, most dont hire to under 25's

Just purchased a second hand car from a dealer financing part of it with HP Two major problems on the agreement, was told by the dealer over the phone (have messaged saved) that the APR would be 5.5% Now ive got the agreement through the post its 13.7% and theres two additions 1. Acceptance fee of £199 2. Vehicle protection fee of £50 I didnt agree to either of these and was not made aware of them, plus does anyone know what a vehicle protetion fee is

ok cheers i initally thought the liability was "joint and several" but was informed via Consumer Direct that the finance company was liable and they then persue the dealer Sorry confirm that the HP was with a separate company and not done through or by the car dealer

I purchased ased BMW from a Non BMW dealer in Oct. Its was financed by HP. The day after collecting the vehicle whilst going through the documents i noticed it did not have a FBMWSH it was advertised with over the next day or so i found faults (mechanical and electrical) with the vehicle. It took me 2 months for the dealer to inspect it, when i got it back the only one of the 6 faults had been fixed (rear brakes) I week later the car was driving funny so i took it to a garage and was told the rear wheel bearing was knackard and it was not safe to drive (even home). January i contacted the finance company and started a formal complaint, having gotten then a price from BMW to fix the faults and my costs come to around £1200, the car was only 4k so there saying they want to cancel the agreement return the car and refund me my money. They have wrote several times to the dealer without any proper response, i was informed today that they have requested the dealer collect the vehicle from me and to cancel the sale (he has not responded) what they are saying to me is if he doesnt response they wont collect the vehicle or refund my money and i will have to sue them in order to get an outcome Is this correct? What are my rights under the HP, do i still have to keep paying for the vehicle? do i still have to insure it? Any advice on how to proceed would be appreciated

yeah i have taken it to an inpededant jewler and lone behold £20. Will write a letter to EJ see what they have to say

sorry we purchased our weeding and engagement rings from EJ over the past 2 years. Last week we put my wifes engagement ring in to get a quote for repair (one of the clasps were broke that holds the diamond) They called on friday to say the cost of the repair would be £135 which we thought was expensive, so we said dont do it and we will pick the ring up We did that yesterday and they tried to charge us £45, when questioned what this was for they said it was for the repair. we told them iit did not get done, so they said oh ok here you go. We questioned them again why it was £45 and not £135 like we were told over the phone. The lady went and got the manager, she said there had been a mistake and the £45 was the charge to fix the ring (i.e what the jewler person charges them to did it) they wanted to charge us £135 basically £95 for giving it to a 3rd party to fix it. CAN THEY DO THIS They did not tell us this when getting the quote, and i am certain if we had gotten it done they would not have said anything. Surley this is misleading as they say the cost of the repair is £135 and thats not true

my wife put her engagement ring in to ernest jones (we purchased it from there) for a quote for repair. Its came back as £135, which we thought was very expensive so today we went to collect it. When we did they tried to charge us £45, when questioned the lady told us this was for the repair, when we told her it did not get done she said there was no charge. We later returned to the store to question this and were told the cost of the repair was £45 for getting the work done by a 3rd party, but would charge us £135 for going through them Can they do this is seems extortionate, not to mention they did not inform us of this