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Everything posted by oddjobbob

  1. I don't think it is TBQH... even if you have a current MOT the fact that it fails a new test means the MOT is out.
  2. Incidently, I don't buy the story that you thought this was like a "guarantor". It isn't and you No, I don't either you have not paid for the car so you cannot keep it. Not hard really is it?! Absolutely correct OP you came on here and asked the question. If you don't ike the answers then you shouldn't have asked. You have to give the car back it isn't yours, it belongs to MB finance: other than that you can keep going on here and on other forums until someone might eventually agree with you. Give the car back and buy one that you can afford.
  3. Hi Crem Yes, that's absolutely correct, no actual 'loss' incurred as most of the undersrites do not come. And no, the normal practice is that a trader will underwrite the car at say £1500 and the dealer will give the customer £1800 for it in p/x as this makes the customer feel better and they just wipe £300 profit out of the car the cusotmer is buying. Its psychological, too: dealer asks customer 'what do you want for your car in p/x?' Customer '£1800' Dealer 'OK if we can give you than in p/x can we deal?' Customer (usually) 'yes' Then the dealer buys the pcx for £1800 and
  4. To add to what was stated earlier in this thread, car dealers do indeed phone the trade with a part exchange whilst you are sitting there trying to decide, it's normal practice and I used to do it (as 'the trade' i.e. underwrite) all the time, probably 3 or 4 times a day, out of which probably 1 would actually be dealt.
  5. hi Mattyhants It's not meant it that way, and I DO sympathise - it was all the moey you had and you got turned over. The seller wil claim it was ok when they had it, they didn't know' etc. They knew, they always know, don't even think for a moment that they didn't. All I wanted to say and meant to say was that even if you win in a SCC the likelihood of you getting paid is very small. £450 IS banger money, although like Sam suggests you CAN buy the odd very nice cheapie. Your time will be better spent by moving and and fixing it and learning from it. But thats jus
  6. You may well be right Conniff, but getting a judgement is entirely different to getting paid. I think the OP will struggle here, s the seller, rightly or wrongly, will be thinking 'WTF does he want for £450?' £450 really is banger money, I have to ask why the OP didn't drive the car straight back to the seller rather than taking it home if the clutch was really that bad. We can only go on what the OP has said though, but even on that basis it's a £450 banger and I don't really think he's got anywhere to go with this. We'll see!
  7. Hang on a minute This was a private sale The car was £450 Although the seller didn't turn up to court, they have had the judgement set aside. 1. Private sales, are, largely, buyer beware as a private seller is not deemed to have sufficient technical knowledge or experience to be able to declare any faults (apart from obvious like mis stating mileage).. I know that's codswallop and they knew, but that's private sales for you 2. You cannot expect a reliable car for £450. Sorry, you just can't! ESPECIALLY not from a private seller. Honestly, a £450 car is just going to be
  8. and loses another one twice, a both first an second tier tribunals http://www.out-law.com/en/articles/2012/november/stamp-duty-land-tax-avoidance-scheme-was-effective-says-the-upper-tribunal/
  9. +1 to assisted bloonde, the OPs car was moving the other one wasn't. That's about it really....
  10. not trying to escape on the quiet for paying for any damage then?
  11. Ignore it all, theres nothing he can do if you described it accurately in the ad. Apart that is from telling him that if he comes round your house again you will call the police immediately. No he can't get a date this quickly for a court hearing. If he does take you to court you can get the hearing held locally to you.
  12. If you haven't signed the form then you haven't taken out a loan. So nothing to worry about I'd just call the garage and say that your circumstances have changed etc and that you are unable to go ahead.
  13. A Sam, Yes I agree fair play ot Linzi... however I wonder if it would have turned out this way if the original complaint hadnt appeared on here. But a good result for the OP and quite right too
  14. +1 to above. Car Craft shouldn't be allowed to sell cars, they have so many complints against them it's untrue. And, to Car Craft... the only dispute warranty claims you ever pay out on are the ones that end up on here.
  15. Hi Ping Pong Fully accept all you say. What I'm trying to say is that even if it handles like a drunk camel on roller skates, it it passes an MOT test then the garage's stance will not be ni your favour as they can claim they have sold you a safe car. I wasn't trying to be difficult just pointing out that all the talk on here of SOGA, etc will in all likelihood get you nowhere. The point here too is that you knew the alloys / tyres weren't standard which does weaken any case slightly. TBQH I'd get them on ebay as soon as you can and put standard wheels on it. You
  16. if they have sufficient tread and there is no excess play in the steering and suspension and they don't foul the bodywork then yes in all likelihood it will. they may well make a note on the mot eg 'non standard tyres / weels fitted' but there is no actual 50 mph plus road test on an mot. unless it fails on something else that is. and if a mot station says it's a pass then its road legal and the seller will wash his hands of it. and rightly so, no doubt a major selling point for the op were the swish looking alloys and low profile tyres when he viewed it. tough.
  17. CArcraft are just charlatans, they should be locked up. A gearbox should NOT be worn out at 45000 miles, end of story. Take them to court as quickly as you can.
  18. No the whole point is being missed here. The OP says the garage are not accepting responsibility. Indeed for what? Their stance will be (when contacted) that the car will pass an MOT test and is therefore safe and sound to be on the road. The fact that the alloys / tyres are non standard (which the OP states he was aware of before buying) will most likely not affect an MOT test result, as long as the tyres have adequate tread and thee is no excess ply ni the suspension and steering then it will pass. The seller can rightly claim that a government agency has declared the car
  19. the insurance is a totally different question from whether you can get any money back from the seller. if the car will pass an mot, then the seller will quite rightly say that they sold you a car that is safe an legal... and it is, because an independent mot test says so... the fact that the tyres are too wide etc probably won't affect the mot. so your sole remedy is to put the correct size wheels and tyres on it and pay for that yourself.
  20. The basic question is 'would the car pass an MOT test as it is?' I'm afraid to say that if it does / would then I doubt there's much you can do. Toyota spend millions on making sure that the wheels and tyres they fit to new cars are configured so that the best handling / braking / ride compromise is achieved. Then someone comes along thinking it will look better with some nice big alloys on it. Which it does but handles like a drunk camel on roller skates. It it will pass an MOT (which is the stance you'll probably get from the seller) then a government agency has decl
  21. The point here is that the seller was obviuosly aware of the faults and knowingly sold the car with them. Let's face it, at £460, he's NOT going to spend hundreds on it to get it running or want to give any money back. Whether the sale of goods act applies is irrelevant here as it will be a fight from start to finish to get any money back. Even if trading standards etc get involved that is NOT the same as getting any money back and the buyer will have an uphill struggle here. The seller appears to be a complete idiot and is quite patently a sell it and scarper merchant. I t
  22. I found the car helios, the seller is a complete idiot, saynig it has no head gasket probs, etc, absolutely stupid to take this man's mnoey for an old shed. I know the car was only £460 and could possibly break for near that money but it SHOULD have been as described whether it was £4.60 or £4,600. The buyer will get all the lame excuses 'sold as seen at auction etc' and it'll be a struggle to get any money back. its bad enough doing this anytime of year but xmas eve..... what an idiot.
  23. loads of links online, this took 5 seconds, down the bottom of the page http://www.inbrief.co.uk/consumer-law/hire-purchase-agreement.htm What happens if I bought a car of another which was subject to a hire purchase agreement? According to the Hire Purchase Act a buyer of a car, which is still subject to a hire purchase agreement, will get good title to the car if the following conditions are met: The buyer did not know that the car was under hire purchase therefore buying the car in good faith believing the seller had the right to sell it The buyer is a private buyer
  24. If it was advertsied with aircon then the aircon should work, if it wasn't then the dealer might well claim he never even knew it had aircon - he WILL know, but say he didn't and there's not much you can do if /c was not advertised. As for the MOT advisories, no, they are advisories only, the fact remains that the car still passed a MOT test, advisories are NOT failures - I don't know what the advisories were in this cae but things like 'brake pads wearing thin 'exhaust rusty' 'rear tyres tread only 3mm' and things like that are passes on an MOT, just things to note for the future. O
  25. Not a car though probably...! I agree though about anything else that has bee paid for by pay poo. Straight on the buyers side no matter the evidence.
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