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Everything posted by JimmySpangle

  1. Fraud my arse! This is not fraud at all. As pointed out it is incompetance. Invite the debt collector to take you to court or sod off. I am assuming you have written PROOF that you paid in sidcup?
  2. You know my opinion of Main Stealers HeliosUK, so I will just suggest that the stamp inthe book would worry me more than no history.
  3. I know what you are saying and agree, but in law the wods 'full MoT ' has no real meaning. Is 12 months a full MoT or is 13 months? I completely agree that I would read that as 12 months MoT too and I believe most judges would do so also, but as far as the letter of the law goes, the wording never says it has 12 months MoT thus you cannot assume it does. Being picky I know, just trying to expand on peoples thought on this.
  4. There is no 'Law' as such regarding service histories - only that of the trade descriptions act and sale of goods acts. However, full service history would by definition mean that every service has been done to manufacturers specification when due. In reality this never ever happens precisely because it is almost impossible to get the services done bang on time, but a week or two late or a thousand miles either side wouldn't breach anything really. In this case it seems that the last service was done in 2007 in which case it does not have a fuylls ervice history.
  5. Oh I completely agree HeliosUK. I was simply suggesting the bulb check which more or less confirms whether the car has ABS or not - unless Mr honest seller has tampered with bulbs etc..... Full MoT I agree also, hence why I didn't mention. Full MoT has no definition in law as such, could mean the page is fully complete, could be the MoT certificate is not torn. Most judges however will define Full MoT as a 12 months (or near) MoT. Full history I disagree with the comment above however. A full service history is always best if fully stamped of course, but is not a requirement if the services have been done and invoiced. The term full service history is proably best read as fully document service history. Stamping is not a requirement.
  6. Good lord! A dealer stitching up a customer. Never!!!!! Imagine I have a jumbo jet and I run out of fuel. You sell me new wings, new wheels, new seats, new paint and off I go on the few fumes that have found their way to my engines only to cut outr again 60 miles further on. Erm, no I wouldn't expect to pay enymore either. AND I would now want my original parts put back and a full refund on the charade they call diagnostics. You pay for repairs, not them being inept.
  7. ABS is easy. Turn off the car, then turn on the ignition. Do you see an amber symbol on the dash wiuth the letters ABS on it? It should go out after 2-3 seconds. If so you have ABS, if not you do not.
  8. The offence is clearly crossing the solid white line. Unless the line was very worn or there was a genuine obstruction (ie broken downb vehicle) there is no defence.
  9. I can personally recommend a shotgun too. Did the job for me! AND before anyone says anything, I am jesting. I am not allowed to shoot the dog otherwise I would have.
  10. £1.98 item. Aha, so the temptation is to just not bother with all the fuss. Times that by 24 and he is around £50 up if everyone doesn't bother either. Stick to your guns and get your refund. It will take around 20 days to get the money back to your bank account or around 10 back to PayPal.
  11. Registered trader? There is no such thing. He is either a trader or private. there is no registration involved in being a trader. Return the car to him immediately with a letter demanding a full refund within 7 days. Report the matter to trading standards also. You will probably have to take this crook to court. Next time, do yoiur own HPI check BEFORE you buy!
  12. Servicing is always a 'whichever is sooner' basis. My current car is 20,000 miles or 12 months whichever is sooner. In your case it will be every 10,000 miles or 12 months - whichever is sooner. Changing a clutch is NOT a service item. The mileage of the car will dictate which service should have been done, but the very minimum on any service is replace oil, oil filter, air filter and check brakes, steering and all fluids. Trust him???? Why would you do that? He has lied in his advertising already regarding the history and tax. Even making you pay for the tax, which you will hopefully recover. Stick to your guns. Produce the advertised FULL history or have the car back as incorrectly advertised. If it actually hasn't been properly serviced since 2007 and bearing in mind this is now 2010, then I would be concerned about the condition of the oil and brake fluid. Brake fluid should be changed every 2 years, so keep that one up your sleve for now.
  13. car is advertised as having a full service history. It doesn't. So, unless they can provide the full history as advertsied you have a case. If you like the car you could suggest a reduction in price by say £500 to reflect the devaluation of the car or you could also reject the car as it is not as advertised. How did you pay for the car? Please tell me it wasn't cash.
  14. I have only skipped through thjis thread again, but as it is your mothers car and she is the registered keeper, they must be taking her to court. All she has to do is to write in her defence that she was not the driver of teh vehicle and thus is not liable. There is no requirement for her to say who the driver was. If you have admitted it was you then my advise above still applies.
  15. Your defence is simple. This is based on contract law. Only if both parties agree is it a contract. You agree by reading the sign and parking. You didn't know there were any signs thus you didn't see them and thus there is no contract. They could only sue you for any actual loss caused by you parking. So, if it was a £2.00 oper hour space and you were there for 3 hours, they could sue you for £6. Your defense is that you were not aware of any signage when you parked and thus did not entre into a contract.
  16. I would tell your insurance company that there was no damage to teh lock that you could see. Let them deal with it.
  17. Right. A new belt is provided? Are you saying that they supplied you with a new timing belt, ie you were handed a nice new timing belt when you picked up the car? If you have paperwork which recommends you change the timing belt and that changing it is your responsibility, then you are pretty stuck. It is standard practice to change timing belt and tensioners when changing an engine. Coyuld easily have been done at the time and would be at your cost though as it is an enhancement rather than a requirement. It is a preventative measure. New valves will not increase the pressure on the engine unless the original valves were leaking badly. You have no way to clarify that now as the engine was damaged and it is purely speculation at this stage. It does sound like you bought the car from pinky and had it fixed by perky. Neither of whom seems to have the slightest idea of what they are doing.
  18. No it doesn't. Timing belt jumped/snapped/slipped so on your engine the valves will hit the pistons. Damage to valves is obvious, they usually snap clean off on the focus. but the valve stems and seals will have been damaged. Often requires a new cylinder head but not always. You cannot just pop a few new valves in and hope it all goes away. Car burning oil now, when it wasn't before would suggest one of three real possibilities. 1. Fractured piston crown - very common with focus zetec 16 valve timing belt failure, indeed I have pictures somewhere. 2. Valve seals leaking/fractured 3. poorly fitted or damaged cylinder head. In all cases, it is not normal and will not just settle down. There should be no oil in the cumbustion chamber at all. It can only get there if there is a fault or leak. Back to your original problem. You have had the car for a considerable length of time, however it has had problems from the start. No garage worth it's salt will replace an engine without replacing the timing belt and tensioners as it is the most likley cause of future failure and is a very easy job when the engine is out. Asuming yours is a zetec 16v, it is about 1 hour in total and costs about £60 for parts. It pretty much guarantees the engine will not break as such. As it seems your garage did not do this, I would suggest they are incompetant and have been neglegent in the engine replacement and thus would hold them liable for your loss. As such I would ask them to pay for the repairs. Rejecting the car at this stage is not really an option.
  19. What is a cashiers cheque? Do you mean bankers draft? Do you mean Paypal e-cheque?
  20. This seems to be a very long winded and overcomplicated thread. If I have read this correctly it is as follows: 1. Mr original owner sells the van to Mr Thief and accepts payment by credit card, which turns out to be stolen. 2. Mr Thief then sells van to Mr Garage who pays by whatever means. 3. You by the van and paid by cash/bank transfer. There is some suggestion that Mr original owner could claim off his insurance? Well, if he is anything like me he will have cancelled the insurance once he sold the van and in any event the van was not stolen, but obtianed by deception. So, insurance will not be interested as he willingly haded over the keys. Normally I woud agree that Mr original owner had a claim to the proeprty, but as he accepted payment by credit card, that would suggest to me that he is a business and as such has a duty of care when accepting payment by card. Did he confirm with the card company that the card was genuine? As it seems the van is classified as stolen by the police, then you may have to give the van back and obtain your money back from the dealer you bought from. I smell a huge rat here and suspect that the dealer will do a runner. I may be wrong, but I have read a very similar case on here last year. Pesronally, I would want my day in court with this one. I am interested to know mr original owners postion and just how he accepted a stolen credit card as payment. That would seem neglegent and hardly makes this a stolen van rather a case of fraud/deception against him and his claim should be against Mr Thief and not you.
  21. If you were the registered keeper at the time the vehicle went to tonkins, then it is YOUR repsonsibility to tell DVLA you are no longer the registered keeper by returning the relevant portion of teh V5c to them by post. You didn't so the fine is correct. Of course, if you now remember that actually you did send the portion of the V5 then you simply have to tell DVLA that you did indeed inform them by sending the V5c to them by post. I cannot advise you to do anything other than tell the truth.
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