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Everything posted by oddjobbob

  1. What happens is you go to court and win a CCJ against the dealer. Who then offers £10 a month to settle. You CAN refuse this but are encouraged to accept. No £10 a month appears You send in the bailiffs The dealer claims it is not him / has no assets etc You send in the sheriffs. By which time all the cars are in someone else's name. So despite the fact you won, you lost. ****
  2. Indeed, but without loads of hassle and the likelihood of not getting paid I think it's the best that could be achieved. The thing is, why didn't the dealer just auction it 'as seen' if he knew about the problem. That's what I used to do.
  3. Yep that just about nails it. Uneconomical to repair due to value of vehicle so only suitable for spares or DIY repair.
  4. It means it's being sold on the basis that the buyer is going to use it for spares or carry out repairs to it. It can still be roadworthy. For example, a car with a warped cylinder head that uses a pint of water every 20 miles and would cost £750 to repair can still pass an MOT test and therefore be fit to use on a public road as shown by an MOT tester having declared it fit.
  5. Yes, unless the car is being sold for spares - effectively for scrap purposes. Otherwise any mechanically imperfect vehicle would be valueless.
  6. You shouldn't have signed it if you weren't ok about it being spares or repair. No, a dealer cannot sell a car to you 'as seen' UNLESS it's for spares. The fact that it had an MOT is irrelevant - it can be roadworthy but still sold on a spares / repairs basis - in which case it is sold as it is, as you are buying it for parts: I know and you know you weren't buying it for parts, but sadly you signed for it saying you were. Very sticky one, did the ad say spares or repairs or just sold as seen? If no spares or repairs actually stated in the ad you may have an outside chance. If
  7. Well, yes it does in a way, but being right in law and winning and actually getting paid are different things. In law the OP is entitled to refund / repair / replacement. Actually getting one of these 3 IN FULL may well be difficult. Good luck though!
  8. He didn't just 'pick up' the car though did he? He bought it, paid for it and presumably it was invoiced to him. It was, at that point, his car. And when you paid him for it, it became your car. I'm absolutely convinced that CAB are absolutely wrong,and that any dispute is between buyer and seller - ie your BIL and the garage. it simply cannot be any other way
  9. Hang on a minute. Your brother in law bought the car, any argument is between him and the garage, the garage will just say 'we never sold Mr X thecar' and they would be right. You need to take this up with BIL and get HIM to reject the car. If he has indeed bought it as a trade sale with a proper trade sale invoice from the garage then you may well be stuffed I'm afraid. But the fact remains that the garage do NOT have to fix the car as they never sold it to you, your BIL did.
  10. It's a difficult one, as £1300 is getting on towards being banger money (sorry, but it is...) I would try to get £700 or so from the dealer then try to take your time and seeif you can get the repair done a bit cheaper. Some on here will advise SOGA etc., but it could be a very long drawn out process, you might not win, and even if you do win you might not get paid.
  11. Yes indeed, although the OP is not affected. I very much doubt this was a trade sale TBQH
  12. Not really Conniff, he gets title either way. The HP company will pursue the dealer if its trade.
  13. OP I'm sorry if you don't like the responses you are getting on here, but the fact remains you HAVE to give them a chance to fix it first and cannot just send them a bill.
  14. absolutely, it would make the hp company case very weak. I took a corsa in px for an Omega about 15 years ago, checked the Corsa, all clear, sold it two weeks later. The buyer then had a letter from British Forces Finance (obviously they provide finance for the armed forces) saying they had an interest in it. The buyer on my advice wrote them a letter saying they had bought the car from me. BFF gave them title to the car and tried to pursue me for the money. I wrote back explain I had used all possible means to establish that the corsa was clear and that
  15. Also to anyone else thinking that an HPI check is somehow guaranteed...WRONG. You are only covered if the information they hold is incorrect at the time they give it to you. So, if you HPI it today, buy it today and then 6 months later XYZ HP co. say they have an interest in it, you are NOT covered if XYZ only let HPI know of their interest AFTER you did your HPI check..ie the information HPI gave you on the day was correct at the time. There is no compulsion for an HP company to inform HPI of any interest they might have, although it would generally be in their interes
  16. Right,OP The finance company cannot take the vehicle away from you against your will. Write to them, explaining all, with a copy of the receipt, asking that they comply with the law and remove their interest in the vehicle and pursue the seller for any outstanding money.
  17. indeed, from your link If you want to keep the car If you are a private buyer and you bought the car in good faith, you may be able to show that you have a legal right to own the car. This is called having good title. This may apply if you didn’t know the car was subject to a hire purchase or a conditional sale agreement when you bought it. If the finance company contacts you, write to them straight away and explain that you bought the car in good faith. Your letter should include: the name and address of the person you bought the car from, the date you bought it ho
  18. Google it. It's all over the net. Try 'Hire purchase vehicle title' as a search. 1000's of results.
  19. Sorry Capquest you're wrong. It's a fact that if you buy a vehicle in good faith that has outstanding HP on it then you will get good title to the vehicle and the argument is between the HP co and the person that took out the HP. By all means check it out online...I sold 5000 cars in my career and speak from personal experience. I know it seems odd that if you do not have 'title' to the car (this seller did not) then you would suppose that title cannot pass from someone who does not have titleto someone who does. But with HP on cars it does. There are e
  20. If you bought the vehicle in good faith then you get good title to it, and Santander's issue is with the person that owes the money, not you. Write to Santander, stating that you bought the vehicle in good faith from the person that owes them the outstanding finance, and explain that you would be grateful if they would kindly follow the law and remove their interest in it. Enclose a copy of the receipt too. I reckon the seller was expecting you to just use the car for spares and it would ultimately 'disappear' Anyway,from HPI website You do have a defence though, and
  21. ''As above, no. You can't really expect to just send a bill to a company and expect them to pay. They must be given a chance to sort it out.'' ^^^^^THIS^^^^^
  22. He must be short of a few quid I reckon...not been on TV in years, gave up on his car business as he thought he was going to be a big star...all gone wrong for him.
  23. the problem is that the dealer has not lied though...OP quotes the ad ''Further down the advert it says model year 2013 stating it is an import. It says on the advert car was first registered in July 2013, it also says date of registration on receipt July 2013. However the log book states date of first reg 5.10.12 and date of first reg in uk 18.7.13'' I haven't sold cars in years now but all my standard pre printed sales invoices had various sections to fill out eg chassis no, engine, reg no etc and one of the was 'date of first registration in UK' If it says that
  24. I'm pretty sure that cosmetic damage does not affect any factory backed warranty - if it's had a scrape / bump what difference does that make to say, the gearbox failing? None I'm sorry to say that the ad said Cat D and you missed it. Perhaps try to use your deposit against another car at the dealer's?
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