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Manxman in exile

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Manxman in exile last won the day on November 19 2018

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  1. Just to clarify, if there was a MOT mileage typo in 2015, then I don't see how there can be any remedy now against the finance company or dealer if the recorded total mileage on the car was correct when sold to the OP. If the wrong paperwork referred to by BF in #68 is the HPI/TotalCarCheck report, what remedy does the OP have against them - there is no relationship between them? Also, IIRC, HPI specifically excludes liability re cloned cars amongst other things. I would not be surprised if they also exclude errors caused by misleading or erroneous source material for the same reason. How can they verify a mileage figure taken from a government website and originating from a MOT tester four years ago? If it is a typo the OP doesn't need a remedy against the finance co. or the dealer because the car will be exactly as advertised (with respect to mileage). Yes - the OP needs to get HPI (or is it DVLA - they are mentioned in respect of errors on the govt. MOT website?) to correct the MOT mileage. Now I'm not sure if the dealer or finance company can or should help the OP with this. That's why if I were in the OP's shoes I'd be checking the service history mileages and/or contacting Jaguar myself in order to get this sorted ASAP. But I may be wrong and the car may be clocked and the OP get his money back. I try never to be 100% sure of anything.
  2. We've cross-posted dx100. I'm not saying there has been a clerical error here - simply that it's just as likely (if not more likely) than that the car has been clocked. 56k mistyped as 23k is certainly a feasible explanation. I'm not sure BankFodder will shift from the certainty of there being a defect though... Needs a diagnostic run or examination of service history to bottom this out. EDIT: I'd be surprised if somebody with the knowledge and wherewithal to clock an electronic (I assume!) odometer would be thick enough to record negative annual mileage between MOTs...
  3. If the mileage is correct, what paperwork is wrong and whose paperwork is it? If the mileage is correct and as described by the vendor, how can there possibly be a defect and a remedy against the vendor? If there's been a clerical error it's probably been committed by whomever did the MOT in 2015. Does the OP sue them? Please note my use of "if" in this and other posts - I'm trying not to make assumptions, just pointing out that there could be an innocent explanation other than that the car has been clocked. And that it may be helpful for the OP to at least be made aware of this (probably unlikely) possibility. BF - I am surprised that you can be 100% certain that there must be a defect.
  4. I think you may be begging the question. You are assuming as a fact that the mileage is wrong. You don't know that, the OP doesn't know it and none of the rest of us do. Let's say, for the sake of argument, that the discrepancy is down to a clerical error in recording the mileage at the 2015 MOT. If, and I emphasise "if", this is the case, and the mileage was actually correct when the OP bought the car, then there can be no defect and the OP would have no remedy as he bought the car that was described. Please note I am not saying that this is what has happened - just that it's possible. I feel the OP is being led to believe that there is only one possible outcome here - a successful one for them - whereas I would be more cautious. By all means attempt to reject the car, but it may not be a foregone conclusion. FWIW I think it's a very bad analogy. Again you assume as a fact that the mileage is wrong. I would not make that assumption. If I were OP I'd be wanting a Jag dealer to confirm the mileage from the ECU (I believe this can be done) and/or check recorded mileages from the service history. (Does the OP have a full service history? Mileage ought to be evident there).
  5. The OP has already shown the mileage figures in a PDF in an earlier post - the report from TotalCarCheck. This also shows the vehicle's reg number and the full MOT history can be checked online from that. (Probably should have been checked before buying the car...) I'm still interested in what report the finance co. got. I have looked at the 2014 and 2015 mileages and it's not obvious to me that a transposition error has occurred, but it could be some other kind of input error. I'm not saying it was an input error - just that nobody here knows whether it is or not.
  6. BF - I'm not disagreeing with you that it is prudent, given the timescale, for the OP to try to reject the car now so as to keep all his irons in the fire. However, I'm not sure the outcome is necessarily as clear cut as you think. At the moment the OP doesn't know if he's bought a car with a defect or not. All he knows is that a car check has flagged up a mileage discrepancy on the 2015 MOT. This may or may not have an innocent explanation (eg clerical error recording mileage or Jaguar have reset the odometer for some reason - I believe this is possible and legitimate*) and it may or may not be a reason to reject the car. This is why I think the reason for the discrepancy is relevant. If it's just a typo on the MOT record then there is no "defect" and the car appears to be as described. I note on the govt. MOT check website it is possible to see where a particular MOT was carried out, but you need the V5C number to be able to access this. I agree with you that the OP shouldn't be trying to rectify this with HPI himself, but I do think forewarned is forearmed and I would be wanting to prepare myself for any possible response from the finance company/ dealer. As Buyer Beware pointed out, the mileage discrepancy seems to have occurred during one person's ownership. Seems odd (but not impossible) that this would be deliberate as it would stick out like a sore thumb. I also note that according to the TotalCarCheck posted by the OP, the car's price at a dealers would be ~ £21k not £18k. OP - did you see a written report when you bought the car? Do you know who the finance company used to do the check, if they did - although I presume it is in their best interests to ensure the car is "legit". * Although this may be possible and legitimate I'm not sure how it would be recorded. Presumably on the car's service history? I think Buyer Beware also suggested that the ECU can be interrogated to confirm actual mileage?
  7. I'm inclined to agree. I'd want to get to the bottom of the mileage issue (the MOT history should tell a story) before rejecting the car. I don't see how a clerical error (if that is what it is) can amount to a defect. Unfortunately the OP seems to be running out of time and needs to act quickly. For the benefit of other posters, you only need a car's registration number to view MOT history. Mileage discrepancies (or at least some of them) should show up there. (I would always check MOT history before buying a used car). 26,000 does seem a very significant error though, not to have been picked up before (eg by the last vendor).
  8. As honeybee has said, at this stage you are NOT making a complaint. Just ask to speak to the Practice Manager and seek an explanation as to why your relative has not been referred to the hospital of their choice. By acting "bemused" I mean saying something like "GP so and so agreed to refer my relative to such and such a hospital, but when the referral letter came through we were puzzled to see that it was for another hospital not the one my relative wanted. I'm sure it's just some easily explained clerical error or mistake and I'm sure it will be very easy for you to put right for us. Can you do that please?" That's it. There is absolutely no point whatsoever in making a written complaint before you've tried to resolve it informally. EDIT: I fully agree with honeybee's last post
  9. Like ericsbrother I think you may have a problem with the streetlights which probably indicate a restricted road with a limit of 30 mph - no signs (except for the lights themselves) necessary. How far apart are the lights?
  10. When speaking to the practice manager I would not be approaching this as a "complaint". Just recount the facts as you've stated them here. I would also act a little "bemused" as to why your relative has not been referred to the hospital of their choice, which you understand to be their right under patient choice. Approach it as if you think a simple mistake has been made and you just want it rectified. You could also "innocently" ask why the secretary doesn't seem to have followed what was agreed with the GP. Depending what response you get you may want to take it further.
  11. Sorry - I'm confused. What do you mean by "...did not offer any choice at all when she sent the appointment letter..."? The GP decides where to refer the patient to, and the secretarial staff follow the GP's instructions and arrange the paperwork for the referral. Do you mean that the practice wrote to the patient confirming the referral (to the wrong hospital)? It's just that whenever I've been referred to secondary services I've only received an appointment letter from the hospital and nothing from my GP (or their staff). Also, I find it strange that you were advised to ring (the wrong hospital!) yourself to change the appointment to the hospital you wanted - this makes no sense at all. Are you sure this is what has happened? Because if it is, you need to contact the practice manager PDQ because there is something very seriously amiss here. God knows what else this secretary/receptionist is doing and telling other patients.
  12. Where your relative gets referred to has got nothing to do with the receptionist. Is it possible you have misunderstood what they have said and that it is the GP who has NOT referred to the private hospital? Ask to speak to the Practice Manager and ask him/her for an explanation. If that gets you nowhere you'll have to go back to the GP for an explanation.
  13. Receptionists and medical secretaries don't have the power to determine where patients are referred to - only the GP. As ericsbrother has suggested there may be many good reasons why a referral has not been made to the private hospital. One may be that it is not appropriate to refer your relative there because they don't have the facilities/expertise. (Private hospitals can be surprisingly limited in what they can offer outside of relatively routine treatments. There may(?) also be funding issues - I'm not sure how NHS referrals to private hospitals work within patient choice). The only way to resolve this is for your relative to discuss it with the (or a) GP in question. The relative will need to do this themself unless they've given you written authorisation to discuss it on their behalf (I don't think a power of attorney is necessary but I may be mistaken). Can they get a 'phone consultation? Nothing to prevent you being present for that or for a face to face consultation. PS - if your relative has a FtF consultation but you can't be present, get them to ask the doctor to write down what the problem is - assuming there is a problem.
  14. Doubt you'll get much help here. This is a UK site - I presume you are in USA?
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