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Rex Shepherd 7

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  1. If the car is being supplied under a Hire Purchase agreement then the so called 6 month rule cannot apply. That rule is written into the Sale of Goods Act but your contract is with the finance company who are supplying you the car under the Supply of Goods (Implied Terms) Act - which does not have the 6 month rule written into it. Although the car was sold under the Sale of Goods Act to the Finance Company, the Sections relating to the 6 month rule cannot apply here either because they only apply when the buyer is a consumer - S48 - Additional rights given to consumers. The Finance Company is not buying as a consumer so it does not have those rights against the selling garage. Your only contract is with the Finance Company but, for the reason stated above, you cannot benefit from this so called reversed burden of proof within the first 6 month rule.
  2. In England and Wales the small claims limit is 10k not 3k. MCOL allows you a small space to describe your claim but if you want to give more detail you will need to separately send the defendant a more lengthy Particulars of Claim. However the finer points can be made in a Witness Statement later. That said there should be sufficient info on your online claim submission to at least outline all the main issues.
  3. HP works by the garage selling the car to the finance company who then supply it on hire until the consumer's final payment effectively buys it. The finance company also supplies the goods as well as the credit thereby being solely liable for the goods and not jointly so under S75.
  4. Section 75 cannot apply to hire purchase agreements as the supplier of the credit is also the supplier of the goods and is thus not a d-c-s arrangement.
  5. I have successfully overcome a similar situation by arguing that the correct process was not to make a second set aside application once the first one failed but, rather, to appeal the refusal before a Circuit Judge. The District Judge agreed and threw out the second set aside application and the subsequent Appeal application was rejected by the Circuit Judge. What was great was when bankruptcy proceedings were instigated against the builder, a 3rd set aside application was made. Which was great because we knew that the District Judge had to follow the Circuit Judge's earlier decision.
  6. Veganite - your interpretation of the DPA is utterly flawed. It is a drum that you should cease banging promptly so as to avoid a total loss of credibility.
  7. You ought to be able to cancel under the Distance Selling Regulations but it is a requirement that you do so (in essence) in writing. You do not need to wait until the part arrives and they have 30 days to refund your card. There is no need to contact your card company as you authorised the payment.
  8. SOGA is not the correct legislation to quote. Supply and fit contracts are covered in the Supply of Goods and Services Act 1982. The same principles apply though as regards the quality of the goods.
  9. As a former Trading Standards Officer for 14 yrs and until recently, I'd be really surprised if Morrisons had mis-fuelled via the tanker. For if they did there would be cars breaking down everywhere and it would be well known that it was a problem.
  10. Name them both if you cannot identify one but explain why in your Particulars. Who you pay is often not who your contact is with when it comes to holiday law. Sending both a letter of claim may make it clearer should they reply. Adverse costs on small claims only if conduct unreasonable and against unrepresented litigants extremely unlikely so have no fear about naming them as joint D's. Do you have home insurance legal assistance to do it for you?
  11. Well I've seen some truly hideous defences in my time but never known a judge gift a judgement without a hearing. So what defence this was I'm keen to know. Presumably it was based purely on law. Anyway, you can write back within 7 days asking for a hearing. Mind, get a proper legal opinion as to its merits first to save a judicial bollocking later.
  12. Your first month expired at the end of 5/7/12 and so your 24th month ends at midnight at the end of 5/6/14. No false representation just false adding up! 2 years after 6 June 12 simply has to end in June and not in May.
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