Hi I got my information from the HPI check website. This does not mean that what it says on the website is correct and I understand what you mean that as long as it’s safe and roadworthy then not illegal. http://www.hpicheck.com/newfrontend/glossary.jsp#_cutnshut Cut 'n' Shut Cut 'n' shut is the term used for a car that is made up of two different vehicles - usually both 'write-offs' - where the back end of one is welded to the front of another. Often done with considerable skill, the vehicle may look like new but it is likely to be unroadworthy and could prove lethal in an accident. The practice is illegal and the car could be worthless when you come to sell it. The exceptions are 'stretched' vehicles made by specialist coachbuilders.

I was under the impression that cut and shut was illegal as it is regarded as un-roadworthy (Road Traffic Acts 1972 and 1988. Imagine how a car made of two chassis welded together would survive in a crash? The exception would be stretch limos but they are specially strengthened by the manufacturer. This legislation is also enforced by Trading Standards. Those Q plates are usually used for self build/kit cars and would not make a cut and shut legal. Once a cut and shut car has been discovered it is Q plated immediately while under investigation but it’s still not legal. The DVLA would not permit the re-registration of a cut and shut car. The cut and shut would be incorrectly registered with DVLA as one car, and so would be registered wrongly if the number plates from the other end were used. If Jeemans car was not a Q plate and was discovered to be ‘cut and shut’ it would not be legal.

I was under the impression that a trader did not have an legal obligation to tell a consumer a car was in an insurance claim but I’m probably wrong. I think they should have a legal obligation because when the consumer tries to sell it or trade it in the value is reduced considerably. Can you link me to the bit of law that says a Trader has to tell a consumer car was an insurance claim for my future reference thanks! http://www.tradingstandards.gov.uk/cgi-bin/calitem.cgi?file=ADV0003-0100.txt Insurance claims, accident and repair records There is no law requiring traders to inform purchasers that cars have been subject to insurance claims or have been ‘written off’ by insurance companies. Traders have no legal obligation to tell purchasers about past repair work. If you ask the trader about these matters, he must answer truthfully or tell you if he doesn’t know.

What type of finance? If it's Hire Purchase then your covered by a bit of law called the 'Hire Purchase Act 1964' and section 27 says that if you bought the car in good faith and with no knowledge of the HP then you are an 'innocent purchaser'. You have legal title to the car. The HP company must pursue the first purchaser not you! With a fixed sum loan finance the seller passes title anyway so the car belongs to you and the person that first bought the car must pay the finance.

What type of finance? Fixed sum loan? Hire purchase? Conditional Sale? PCP? Have you run an HPI check? Bear in mind that if it was an insurance right off the traders can still sell it and not have to tell you (unless it's the top two bands). Get an independent to examine it and if it is a 'cut and shut' then ask them for a replacement or refund. Cut and shut is legally two cars and selling the car(s) as a single car they have misrepresented the sale. Not only that it's not safe and not legal.

Your covered by the Sale of Goods Act 1979 (as amended) this act says your suite has to be of satisfactory quality, in appearance and finish, and free from minor defects, as well as being durable! It's not up to the manufacturer (your contract with SCS not the manufacturer) to decide if it's acceptable, the burden of proof is with SCS and any examinations or reports they get from the manufacturer is biased and does not really prove anything. You could push for repair or replacement You could also try calling the Furniture Ombudsman on (0)1438 777700.

How did you pay for this suite? Finance? Deposit? How long have you had it? Did you see an example in the showroom?

How old is the car? How many miles on the clock? How was it paid what method?

Just a suggestion but if this vehicle is for business use ignore my advice. - How do I go about getting the car parts returned? - Letter recorded delivery (keep a copy) asking for them to return the parts, supply suitable replacements, or refund you to the value of them, giving them 14 days to respond. - - How do I go about asking for paper work? (I have nothing but a receipt for cash paid) - What paperwork do you want? Ask for a full breakdown of the bill in your letter. - - Do I ask for money back, or cost to fix the car now - I presume it is the previous, as the car should have been fixed initially and was not, and now needs work doing by another garage? do I get a quote from garage B and ask Grange A to pay this? - Yes get the other garage to give you a full report on what the faults are and get a quote from them, include the quote in the letter asking for them to agree to pay this. - - - Do I need to employ a solicitor? - No not yet, perhaps get in touch with your CAB, see if Trading Standards can help, find out if the garage are with an association and try them. - - Can I claim compensation for lack of car for 6 months, immense stress it has caused us, particularly my partner and effect on our business? - You can for proved financial loss such as consequential loss and unavoidable expenses, but things like time and stress (if you can quantify it) would only be down to the Sheriff of the Civil Court. - - - Can I claim compensation for insurance and road tax, when they made the car unusable? - Yes. - - Where do I start? We are going to have to borrow money to get the car fixed, and then sell it. I want to make sure that I do everything properly? - Recorded delivery letter with the Supply of Goods and Services Act 1982 as your heading.

What kind of finance do you have? Do you have a copy of the finance with 2 signatures on it? Make sure you put the sofa out of use store it away somewhere and dont use it!

Problem here is if he says he is selling private or acting as an agent for another private seller you have only two rights: That the car is ‘as described’ and the ‘sellers to sell’. So if the car is faulty and unless he said it was in perfect working order then you would have no rights against him. But if he is selling ‘several’ cars to make extra money on the side this sounds like a business. Your average consumer would not sell more than 2-3 cars a year as a private sale? You could try telling him that selling several cars is a business and cars sold by a business and paid for by cash come under the Sale of Goods Act 1979 (as amended) which says the car must be of satisfactory quality, durable, safe etc. You could try a recorded delivery letter first asking him for a response within say 7 days, if that fails you could try calling Trading Standards and of course the taxman as fuzzywuzzy says and that might really sting this business. Maybe find out if the garage is part of a trade association and tell them.

OK if nothing is given or done in writing it’s still legally binding. A receipt is not necessary and just one form of proof of purchase, witnesses are another form of proof of purchase. If he sells several cars a year where he sources the car himself and sells outside his own garage that might be a criminal offence. Sourcing the vehicles through his business and selling privately reduces your legal rights. People who do this are prosecuted by Trading Standards every year. This would definitely be a case for you local Trading Standards, they are based in your local council.

If this is a private sale then it’s covered by the Sale of Goods Act 1979 (as amended) but you have only got two rights! You would only have rights against him if the car was not his to sell in the first place, or if the car was not as described (verbally or written). Have you got any idea if he sources cars for people on a regular basis outside his business?

Your legal rights are given to you under the ‘Sale of Goods Act 1979 (as amended)’. The law says your car has to be of satisfactory quality (bearing in mind age and mileage), free from defects, safe, and durable. The garage had two attempts at repair and even tried to pass you to Ford. The law says your contract is with the garage and nothing to do with Ford. Your legal rights against the garage last for 6 years after date of purchase in England. If the repair fails they should either replace the car, or refund you. Have you been in touch with any advice organisation?

lol okay lefty thanks never realised that was why people shopped at brighthouse! Have to remember that. No im new here never been a 192 Hire Purchase = Supply of goods (Implied Terms) Act 1973 Conditional Finance = Sale of Goods Act 1979 (as amended) Always import to double check exactly what type of finance. The implied terms of the Supply of Goods (Implied Terms) Act 1973 are the same as the Sale of Goods Act 1979 (as amended) but the remedies are different. Usually you can only claim for compensation (damages in Scotland) to the value or repair or replacement! I say usually but no harm in trying to push for replacement or refund!

How was payment made? Credit card? Debit? Cheque? Cash? Any finance? What age is the car? Approx how many miles on the clock? Any service history?

If the finance is Hire Purchase then it's not the Sale of Goods Act 1979 (as amended) that applies here it is the 'Supply of Goods (Implied Terms) Act 1973'. I think a fridge freezer should last 6+ years (the price you paid for it is a reflection of the value as well) maybe I'm wrong that's just my guess. With Hire Purchase you are right they cannot take it back without a court order if you have paid 1/3 in England. After you paid half you should be able to hand it back. Never stop the payments even if it's faulty sort it out with the trader first of all. If you stop payments they will have an excuse to hold you as being in breach of contract and it might affect your credit at a later date! Unfortunatley with hire purchase the burden of proof is with the consumer to prove the goods are not durable. Once proved it them becomes the obligation of the retailer to repair/replace/or reimburse compensation to value of repair/replacement.

The Sale of Goods Act 1979 (as amended) says you can ask for a repair 'or' replacement first of all. If the repair or replacement fails you can then ask for a refund. Your contract is with the store you purchased it from. The burden of proof is with the store to prove the goods are not faulty or the fault was caused by you. The 28 day thing is only their own company policy and it's meaningless your legal rights last for 6 years from receiving the goods.

Being told that it was sold on 'trade terms only' does not affect the implied rights given to you under the Sale of Goods Act 1979 (as amended). This act says that your car must be of satisfactory quality, durable, safe etc. You would expect a car costing £1200 with 74000 miles on the clock to last a bit longer than a week and a half. Any idea why it wont start? If the fault is wear and tear like the timing belt (has it been changed? Have you got a service history?) then you wont have any rights against the garage. But if it's a manufacturing fault and it's reasonable to expect that make and model of car to be more durable then you will have rights against the garage.

Did you buy the car for private (consumer) or business use? By saying 'trade terms only' what trade terms? Did they give you any trade terms? Do they mean with no warranty or something? Just wondering if the trader is trying to restrict their liability and attempt to take away your rights. Trade terms or not if they told you that it was a 'good runner' that's an 'express term' and legally binding part of your contract. Only problem things said by word of mouth are hard to prove. Any way you can get them to clarify this 'trade terms' and what it means?

Did you pay with cash? Credit Card? Debit Card? If this is a manufacturing fault/defect and the fridge freezer is not as durable as would be reasonably expected then Comet should be repairing or replacing free of charge.

What does 'trade terms only' mean? What payment method did you use? Roughly how much did it cost? How old is the car? What mileage?

The trader Homebase is in breach of a legally binding contract (Contract Law). However if they no longer have the shed to sell you probably will not be able to force them to sell you goods they don't have or cannot get or offer at the reduced price. Does not mean you cant try though. If I remember right there is a bit of law called the PRICE MARKING ORDER 2004 that is enforced by trading standards. If you find the exact same shed you can sue the trader for the difference in price. For example if you paid £999 for this shed and after shopping around found the same shed in another place at £1500 you could sue Homebase for the difference in price (£501). If you no longer want a shed or cant find a suitable alternative ask for a full refund plus compensation to cover the groundwork people, concrete base to the size of the shed, hired truck, and any other financial loss. I serioulsy doubt you will be able to force them to get and sell you the same shed at the reduced price. A full refund plus extra for consequential losses is more realistic.

Yes! Both! The more proof the better! But make sure it's copies and always keep the originals safe! Remember to head your letter Sale of Goods Act 1979 (as amended). If the garage says the warranty has run out remind them that your warranty and your statutory rights (Sale of Goods Act) are two different things. If they try to pass you to Vauxhaull and say it's nothing to do with them then they (the garage) are in breach of the Sale of Goods Act 1979 (as amended).

If the customer asks for an install and the shop introduced the customer to a third party installer then they are acting as agents for the installer. But the 'principle' of the contract is the installer since their full address was given and payment made to them. If they gave a ballpark figure by word of mouth this is an 'estimate' not a 'quote' (which is legally binding). An estimate can vary by 10% - 20% but if the price given after installation was much much higher then it might be seen as a misleading price indication. Also the installer is providing a service covered by the Sale and Supply of Goods Act 1982 and that says they must only charge a 'reasonable' amount for their sevices. To find out a reasonable amount ask a few other installer how much they would charge for the same thing then get back to the installer and say you are only willing to pay a reasonable price (and mention the estimate by the shop acting as their agents)