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Posts posted by sri_130

  1. Quick Update.


    Just had a call from the dealer (end of the day mind, which gives them the weekend to do nothing), to state that the garage are waiting on their own local specialist to give them an estimate for the work. - they seem to think they can get it done cheaper (fair do's).


    The dealer has asked if I can give them until 'Monday' to get a definitive answer and price.... and for me to expect a call Monday clarifying it all (I'll ask for this in writing).


    I stated that I didn't care who repaired it - as long as it was satisfactory and resolved ASAP, as it is now becoming an inconveinience to thumb lifts.


    So, Monday it would seem, may hold promise - although I must admit, I am not keen on 'I'll call you back' etc, so if nothing is heard Monday, I may send them another letter confirming the conversation we've just had and reminding them of my own 7 day request to get it resolve.


    Transcript updated to reflect! Have a good weekend.

  2. This man speaks the truth.


    The first 6 months of the purchase, the responsibility is with the dealer (reversed burden of proof) but after 6 months, it is your responsibility. I cannot honestly think how you would prove anything 6 months down the line, even with an inspection/report or whatever.

  3. Excellent. I will keep you posted. If they do offer replacement or refund - more likely a refund, I would accept - just a pity, as I love the car (without its problem).


    Letter has gone today (recorded), so they'll get it tomorrow and the 7 day clock will start ticking.


    If there is any further correspondence, I'll post it up here. I've kept a running transcript in a word document, with times/dates/contacts and all conversations (inc a statement from my old man, who was with me at the time of viewing and purchase!). Not sure if that is of any use in law, but it helps me retrace what we did and said. The dealer has already tried putting words into my mouth saying 'you agreed' 'sold as seen' 'trade sale' stuff, when that is pure fabrication in order for them to save hassle and money of resolving the issue.


    OH - tipped your scales too. Invaluable advice.

    • Haha 1
  4. Thanks, stupid question, but how do you take some-one to court? where do you get the papers and all other things from?


    Any ideas on my chances of winning and where i stand i law? Am i in the right or wrong?




    First thing to do, would be to send the garage a Letter before action. Stating what you want done (repair, rejection, refund) and give them a 'reasonable' time to get it resolved, e.g 7 days. I can send you a template letter if you want (which is one I've just used and created).


    Give the garage 7 days from receipt of the letter (sent recorded) and then either - File a moneyclaim online, or procede to your local court - as another poster has said.


    Be clear what you want though. If its a repair - You'll need a cost (best to have this in a report from a specialist), its a refund - you'll be claiming for that + fee's + expenses.


    You must give them the option of repair, in the first instance. You can still reject the car afterwards, if the repair is deemed 'unsatisfactory'.


    Keep a running log, on here. You have rights as a consumer under SOGA - Sale of Goods Act. The car must be 'fit for purpose' - which it's not and even if its a used car with faults, these cannot be 'excessive' - which it clearly is.


    Stop using the car - guessing you have anyway - immediately.

    ..And go get em.

  5. Excellent, I'm glad you agree! Was a bit worried that the timescale was a bit short.


    So, when the 7 days have expired (and nothing has been done), I am then right to ask the specialist to repair it - and claim the costs back through money claim? No doubt the specialist will charge me for the diagnostic work in the first place?! I can just add, that value onto the claim?


    It basically means 7 more days with no transport (+ the time it takes to repair) and I've already had 2.5 days of taxi fares!

  6. Its not what they WANT to do mate, its what YOU want them to do. Have a look here: Used cars - consumer rights as this has helped me form the basis of my rejection/reparation claim on a purchased car.


    If you told them in the first instance to repair it, then they've ticked the boxes by offering you a temporary motor to drive round in. They're allowed a 'reasonable' time in which to repair it. Find out how many labour hours it would take and form your own judgement.


    You can still reject the car after the repair, if the repair is not 'satisfactory' - but again, this is semi open to interpretation.


    It would be your choice to accept a replacement after this stage, or then request a refund.


    Check that link, to make sure what I'm saying, makes sense.


    Good luck.

  7. You signed a form without anything on it? Did you not question it at the time?


    The finance company couldn't recognize the signature? You can't recognize mine at all - its just a load of lines and a few curls. Do you mean they had something with your signature on file and they didn't compare?

  8. Hi all,


    I'll keep it short and to the facts. This forum will help me form some sort of blog and hopefully you can advise if I'm making the right judgements etc.


    Basically I bought a used car on Monday for £14,000. After driving it home, it used an excessive amount of coolant and the temp gauge jumped into the red. I took it to an independent specialist the following morning to have it checked over and I then phoned the dealership (where I bought it from) to let them know what is going on.


    I was a bit disappointed, but was safe in knowledge that I had a 3 month warranty from the dealer (and if all else, I had my statutory legal rights).


    The Specialist calls me back to state that the head gasket had blown, which could also mean a cracked head (serious stuff) and that a verbal quote for the repair would be £700 ex VAT.


    I called the dealership up, to let them know.

    - They refused to pay anything, stating I bought the car 'as is' which in their words is called a 'trade sale' - I knew nothing about this - simply because I'm not a trader and I never agreed to buy it with this excessive fault or under this trade sale stuff. It was a normal transaction.

    - They then offered to pay half of the repair bill as a gesture of goodwill. No thanks. The car was sold with a major defect, this is not my problem.

    - They then offered to have it repaired near them. No problem with that, I'm not paying for it to be transported or repaired though.

    - Then they said they'd ring me back. We've all heard that one before. Before I knew it, the day had ended, with no call back.


    Anyway, the first step this evening was to write them a formal letter stating what I WANT THEM TO DO. A letter was drafted stating that I'd like (in the first instance) the garage to attempt the repair - at no cost to me. I've taken this course of action after reading an article here: http://www.newcastle.gov.uk/core.nsf/a/tsusedcars - I know it says its newcastle gov website, but they are in England, even though they talk funny.


    The only thing I've missed out in the letter, was a deadline of when I wanted sorted, but I hope that A) it wont matter just now B) if I don't hear anything then send them another letter after 14 days/30 days? stating timescales?


    The car is sat at the specialists (and it might be for some time!) at the moment, so I've immediately stopped using it. I was hoping that the garage would instantly admit they have to repair it and get cracking, but that doesn't seem to be the case. I'm confident enough taking them to the small claims for the cost of any repairs to put it to a satisfactory standard - but how long (realistically) should timescales be, for it to be repaired? Remember, I am without a car.


    In the first instance, I'd like a repair, but if they aren't playing ball - should I then go down the full refund route? Problem is, I bloody love the car - its got everything I want (apart from a defect!) and if possible, I'd want it sorted to make me happy. So at which stage, would I pay for the repair then hit the courts?


    Questions questions questions!


    I'm awaiting a call tomorrow from the garage for them the clarify their position, they wont receive my letter until Friday, however. But I'm adamant I want it repairing in the first instance, so we'll see how it goes!



  9. Hi,

    I followed all the steps in the instructions and the HSBC refused to pay up, so i filed a claim on moneyclaim.gov.uk.


    Just a quick couple of questions:


    When it asked for the address of the defendant, instead of putting the correspondance address, with whom my letters were directed (arlington business centre, leeds) I used the London address for HSBC PLC, is this ok?


    Also, I used standard text (amended to suit) in the claim section on the moneyclaim website, but i didn't specify my bank account number or sort code etc, will this matter? Will they just contact me to ask for this?


    I've had a letter of acknowledgement, from DG solicitors, do I just sit and wait?




  10. Do you think this is a decent 1st letter to send on the matter?

    On Wednesday 20th of September 2006 I received a letter stating that I had not paid an outstanding parking fine on my vehicle from May 2006. My initial reaction was one of shock, for that I had no idea or inclination that I had done anything wrong, let alone 4 months ago.

    The detail on the letter explains that I was over an allotted time for parking with the ticket I had displayed. I park in the same location, on the same day, ever week for the same time and have always correctly filled the meter to the same amount, even with the obsessive behaviour of having the correct change! not once have I extended this rule in the whole time I have parked there for access to my place of work.

    The letter also causes concern because I have/never been issued with a penalty notice on the car itself, which if one would have been installed, I would have been able to prove and clear this problem from the outset, let alone have a 4 month wait to receive a letter for a problem I never knew existed or created!

    Please could you advise me on what the next course of action is? As stated, I had no notice attached to my car, no correspondance through the post prior to this letter, I'm maticulate in that I use the same space, time and money every week for the past 24 months, I've never had a parking ticket before in my driving career.

    I await your response on the matter.

  11. Hi.

    My girlfriend received a letter on Wednesday stating that she has not paid an outstanding fine for going over an alloted ticket time back in May of this year.


    • She has never had a ticket before,
    • There was NOTHING stuck on her window,
    • She parks in the same spot, once a week, every week for work and has NEVER gone over the time window,

    My point is, we've had nothing put on the window, so how did we know to pay? Besides, what happens if the guy/woman made a mistake (very possible as she always parks there for same amount).

    The law is unfair in its practice that a fine will double in value, shoud you not payup within a certain time frame, but if there was no sticker on the car, how do you know to pay out? or that you have committed an offence? For all we know, someone could have ripped it off!


    Its amazing that issuing such a fine relies solely on 'nobody' touching the parking ticket until you return, I mean, in the centre of Leeds aswell! Loads of people walk past the car! Given it was some months ago, she's cleaned the car and binned the ticket stub (but what would that prove anyway!!? and how should she have known to hang onto it for so long!)


    I've written a response, but


    • Unsure where to send it as there is NO TICKET and the letter sent only has an automated payment number
    • Unsure whether we should bloody bother doing the right thing, or just succombe and pay
    • Unsure if we do launch an appeal, whether we have a leg to stand on and whether we'd win

    How can you be penalised when the evidence is missing and it is going on 'the word' of both traffic warden and accused individual?


    Any help really appreciated, I'm starting to lose it here!

  12. How does your friend know for sure its the tracking? Did he have it checked independently before it went back to Reg Vardy? And did he have it checked after it was returned? (or even when you say 'its still the same?')


    I had a similar problem with a Vectra SRI, I took it to Reg Vardy (assuming it was the tracking). They actually replaced a front anti-roll bar as the joints were knackerd and 'apparently' this had caused un-even wear.


    Get your friend to take it back, present the case and demand clear cut answers. It worked for me! They replaced the tyre and adjusted the tracking (not to mention the new anti-roll bar!), which wasn't required after all ;-)



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