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  1. I recently purchased a tenanted property with a leasehold of 125 years. As there are 3 other flats and a commercial premises as part of the building there is a managing agent in charge. It is a first floor premises and the agent recently requested access to the property for a bi annual inspection. The tenant was unhappy about this (as there had been a historical bad relationship between tenant and agent - which I inherited) so instead photographs were supplied. The agent is now insisting that going forward they are allowed access to the premises for such inspections. My tenant is still refusing access, I am happy to support this (for the sake of positive relations) but wonder where we stand legally on the matter? Do I have to allow access considering I own the property?
  2. Hi All. I bought my car back in November privately for £5500 cash. I asked if there was any finance outstanding etc which they said no. Just before Christmas I fell ill with my kidneys and now await an operation. Unable to work and having started a new job I do not get sick pay losing £630 per week. Now my rent is due along with lots of other bills. I made the decision to sell my car, downgrade and use some of the money to left to pay off rent and essential bills. I took it to a garage saw a car we liked. Arranged to swap my car and get £1200 back. The dealer checked my car out to find out there's an outstanding finance agreement. I spoke to the creditor, who is Barclays personal finance who agreed there is an outstanding agreement and they require some forms to be filled out which I have done. I had to write down where I bought it. How I paid. If I had a receipt. When buying the car the seller drawn out a receipt stating how much I paid for it and when and we both signed it. It also asked if I knew if there was any finance outstanding which I didn't and if I had done a hpi check which I did not. I have also sent copy of the log book showing Last owner. i also wrote Down I bought the vehicle in good faith , which I did. Now that was a few days ago. This car is the only thing what can same me my partner and our 1 year old getting kicked out. We had some savings but that went on last months bills and Christmas. I need to sell the car but now I may lose it and have nothing. I took out a loan to pay or the car initially so we may lose the car and pay for something we do not have. I have read that if you declare the car was bought in good faith and you have a receipt of some kind they will let you keep the car . However I am unsure about this. Someone said just sell it anyway as they will just remove the hpi mark as I bought the vehicle in good faith. Is there anyone who can help me with this as I'm making myself more I'll worrying about this and my family getting kicked out. I am a hard working person. Pay my bills and provide for my.family and now this has happened. My family can't help as they are elderly. I just have no where to turn to. CAB were useless, as where the finance advice line. all I keep being told is to seek financial help from family. Which isn't an option and we can't get loans as I went bankrupt a few years back due to my employment going down after a bunch of break ins. Please help
  3. Hello all, I have only joined this forum today but having spent the last few days reading lots of other cases, they all seem to be subtly different to mine and I'd appreciate some advice. This is a long post, but for those willing and able to advise me, thank you in advance for your patience and I think the whole story is worth having. On 28th October, I sold my 10 year old Vauxhall automatic via an ebay classified advert. I felt I had advertised it at a fair price and with a fair description. The first person to look at it test drove it, liked it and bought it a few days later. There is (of course) more detail, which I will try to summarise here. 23rd Oct - Test drove the car, said he thought I had described it very well and that it drove well, but he wasn't sure whether the automatic gearbox was changing gear at the right points, essentially wanting to be at approx 2,000rpm before changing up. He said he was buying for his brother and would call back later, but didn't. 24th Oct - He called back saying he wanted the car and paid me a £100 deposit against an agreed price of £1,750 - that being reasonable for a top of the range 6-speed automatic diesel with all the bells and whistles and reasonable mileage. He said he would come back the following day to collect, but didn't. Interim - He asked me by ebay message whether the gearbox was OK or not. I responded truthfully that I thought it was, but I wasn't an expert and he was welcome to drive it again if he wanted to before purchase. It was changing smoothly and seemed fine to me. 28th Oct - Eventually he came back on the Wednesday night (quite late) with another brother (not the one the car was for) and accepted my offer of a second test drive. The brother drove it for an hour at all speeds up to about 80mph telling me he was a trader and had trade insurance to drive the car. They didn't seem sure that it was OK, but were comparing it to other cars (a 4-speed Merc auto and a 5-speed Vauxhall V6 auto). Having owned cars of those generations before I knew they are different but left them to make their own minds up about my car. Eventually, we returned to my driveway and it was clear they were still undecided. I suggested they might test drive a similar car (same 1.9 diesel and 6-speed auto) so they could compare and then they could come back before the weekend, when I was going away for a fortnight with work. I left them to talk privately in my driveway but they quickly came into the house, said it was OK, paid and took the car away. 29th Oct - Having heard that the V5 can be transferred online, I did this at 8am and then took the money to the bank and paid it in, only to receive a call around midday saying that he had taken it to a Vauxhall dealer near his home, who sent a technician out in the car and said the gearbox wasn't changing gear when it should. I wasn't convinced and made the point that I'd given him every chance to delay or cancel buying it, to which he said 'I know you did, it's just a bad decision I guess' but hung up when I pointed out that we had agreed that it was sold as seen. I didn't believe that it was actually faulty so I described the behaviour to the relevant owners forum and got back several owners posting confirmations that their cars behaved the same way. Indeed, the car has very little torque below about 1800rpm and changing up below 2,000 rpm would have put the revs too low to make any sense by my reasoning. While away, I received an eBay message stating that he has passed the car to his brother, taxed it and his brother is also of the opinion that the gearbox is faulty and that I knew that before the sale. He said he has spoken to Trading Standards and they have assured him that he has a case against me because the car isn't fit for purpose and I didn't advertise it as faulty. That isn't true or fair, so I need to respond formally saying so. Although still a bit jetlagged, I'm back now and I've spoken with CAB and their Consumer Direct phone service, getting the advice that the Sale of Goods Act (1979) applies only insofar as legal title and description (make, model, colour, features etc), but not fitness for purpose. I think the key questions are: Having been asked whether the gearbox is OK, my response was 'yes, I think so, but I'm not an expert, if you want to drive it again to be sure, please do'. In this case, if he can get a professional opinion that the gearbox is faulty after all, how is this likely to be viewed by a Judge in the Small Claims Court? Have I misdescribed the car by saying that it changes gear as it should even if in good faith and now in the knowledge that other owners have 'non-faulty' cars that behave the same as mine did when he and his brother drove it? Does the fact he brought a more knowledgeable person along to drive it for him the second time have any relevance? Describing himself as a trader, the brother drove the car for about an hour before (I assume) advising the buyer to part with his cash. I'm not the sort of person to rip anyone off. I wouldn't have offered it for sale if I thought it was faulty or would end up like this. Indeed I've bought cars in the past that turned out to have faults and it never occurred to me that I should seek redress from the (private) seller. Should I be offering him anything? Should I have him take it to a garage I trust (at my expense) to check it? If it helps, I can provide a copy of the advert. Grateful for your help. Many thanks, Ian.
  4. On Aug 21 2015 I purchased a 2009 BMW 730i Ld privately (not from a trader or dealer). It had been advertised on Autotrader with a full 9 page HPI Check. I paid £12,500 by way of £12,000 bankers draft to the seller along with £500 cash. On 28th October a woman knocked on our front door saying she was from Bow County Court and wanted to speak to my wife in regards removing our vehicle in respect of a court order she held. The court order was from a finance company to the owner previous to the seller I purchased the car from. Transpires that the previous owner sold the car to the seller we bought from in July 2015 with finance of £7,000 still owing to the finance company. Our seller sold the car on to me within 1 month with what appears to be a forged HPI check stating there was no finance on the vehicle. The seller didn't register the vehicle as he said that because he was selling the car on so quickly, he didn't have time to register it. The 'Bailiff' who we later found out was a Collection Agent for the finance company said that she was removing the vehicle immediately from our front drive. She said that if we tried to prevent her from taking the car then a truck would come to lift the car off of our drive. My wife and I simply couldn't understand this was happening to us and has caused us huge distress. Concerned by her threat to forcibly lift the car from our drive, I phoned our solicitor (who doesn't specialise in matters of this kind) and he spoke to the collection agent saying that under section 27 of the Hire Purchase Act 1964, where a motor vehicle is subject to an HP or finance agreement, while the vendor does not own it and has no right to sell it, a private purchaser who buys the car in good faith without notice of the HP or conditional sale agreement obtains good title to it and that the collection agent therefore had no entitlement to our vehicle. Whilst I was speaking to Mr Lucas, the agent asked for the car key so she could take down the vehicle mileage. At that point I said I was calling the police as we had good title to the vehicle and she had no authority to remove it, especially from our property. I went into my house to call the police and a minute or two later looked out of our front facing window to see the vehicle was gone. A number of questions. 1. The finance company is now in possession of the vehicle, does this section 27 of the HPA 1964 require them to return the vehicle to me and if they refuse what are my options? I don't have the money to seek a solicitor to take out an injunction preventing them from selling the car / return the car to me. 2. If they refuse the car I don't have the money to issue proceedings in the court for the £12,500 I paid for the car in good faith, again, what are my options? 3. My car is probably worth about £13,500 as I spent £1,000 on repairs last month. The outstanding finance I understand is around £7,000. Do the finance company have the right to pocket the difference and is there anything I can do about this? 4. The collection agent falsely represented herself to us and our solicotor as a court bailiff, do we have redress against the collecion agency We now have no car and no money to purchase another one, it is all very distressing.
  5. Hi there My leasehold property is on the market via an estate agent for 9 weeks now. I've had one offer from a cash buyer and I have been approached by someone privately who have asked me to sell the property to them without using an estate agent. Is this a good thing? I will save myself around £4k, but is it a risky business? I don't know the first thing about this other than I will need a solicitor however, should I be suspicious? If I go ahead privately, and I enlist a solicitor will then do all the necessary checks to ensure that I'm not being shafted? Please let me know asap! a very very unsure Ladylovessalsa!
  6. Govan Law Centre has launched a campaign which it hopes will give a voice to people in the private rent sector and lead to reforms. Staff from the service which provides free legal support are holding street stalls throughout the city as part of the lottery funded research project. They hope tenants who have had problems with landlords will come forward and tell their story. READ MORE HERE: http://www.eveningtimes.co.uk/news/law-centre-campaign-to-help-tenants-203848n.123407248 More info Here from GLC: http://govanlc.blogspot.co.uk/2015/03/govan-law-centre-endorses-living-rent.html
  7. Hello I purchased a Motorcycle last sunday the 8th which was from a gumtree ad so basically private. The bike was description didn't mention any issues. On my way to see the bike the Private seller mentioned a problem with the starter motor but he would consider £150 of the cost of the bike which was £950 so basically £800. So i took the bike of which i had no knowledge of how it should run or how much the fault would be to get fixed etc. I took it to a bike mechanic near my work to look at the described fault and it wasn't as he said it was something else. Which the mechanic then repaired but on doing so he said "but that is not what concerns me" and pointed out another fault which he mentioned the Imortal word everyone dreads "safety" especially when riding a motorbike in central London as i do. So i notified the person i purchased from and he said "I dont believe those parts need replacing prove it" So i took the bike to another garage for a second opinion and he said there are major problems with that bike and the chap that had sold you the bike knew this which is why he has sold it to you.I have texted and left voicemails for this person and had no responce funnily or not so for me im more than a tad angry.So i have a copy of the original advert from gumtree and have an audit trail of the messages(mainly me messaging him) plus times and dates where i have called him with no answer etc. So as i have no address to visit him even though he probably thinks "your problem pal". So once i get the log book through im thinking my only route is small claims court is this worth pursuing?.
  8. Hi, i bought Nissan micra today from a private seller. Seller didn't mentioned us about any car accident history. It was unluckly rainy weather today.. i couldn't check car properly. When i reached home i noticed car radio security code is locked. then i opened bonnet and noticed that front light is broken as well. then i checked HPI online and findout its category 'D' previous. I did mentioned all this to seller but now he is not picking up my phone call. Please help, i will appreciate your advice.. i paid £2700.
  9. Hi Everyone, In November I have bought a car for my wife, but she said she wants something smaller to drive, so I decided to sell it. I was a legal owner of the car, V5 was on mine name and address. I'm not a car dealer, it was a private sale. This is a copy of my ad on AutoTrader: "Features & Description: 85k Miles with Full Ford Main Dealer Service History, Long MOT, Low Insurance, Cheap to drive, HPI Clear, 2 Keys, Excellent Overall Condition, Clean Inside and Out, Some Little Age Related Scratches but Nothing Serious, No timewasters, tyre kickers or business offers, please., Full service history, Next MOT due on 21/09/2015, Electric windows, Air conditioning, CD player, Height adjustable driver's seat, Folding rear seats, Metallic paint, Spare wheel (Space-saver), Power steering, Steering wheel rake adjustment, Steering wheel reach adjustment, Traction control, Central locking, Alarm, Immobiliser, Driver's airbags, Passenger airbags." Guy came last Tuesday, before, he asked me on the phone about any issues, I told him about scratches, high clutch( which worked ok, with no slips etc.) He was happy and came to see it. On my driveway he was examing the car very deeply, he checked everything, car itself and all documents. I was trying to be as honest as I could, told him everything about the car, I showed him all scratches, scuffs etc. We have been on a test drive, we did about 10miles using town roads and motorway. The car worked as it should, to only issue was a hardly noticable something like a "whizz" on the 5 gear. We both agree that is nothing serious, everything worked properly. (When I bought a car my mechanic also checked the car and he didnt find any faults) After that buyer was very happy with my Ford and we made a deal. We have signed a Car Purchase Contract, where one of the point is: - "The seller undertakes to carry out work on the car" - He ticked NO and also - "The buyer accepts the car with specified faults" - He ticked YES Then he took the car and drove it home (about 200miles!). Five days later (last Saturday) he phoned me and said, that I sold him a damaged car! He had big difficulties on his way home, then he went to Ford garage where been told that there is a leek and some fault with the gearbox and it will cost 1200 Pounds to fix it! And he already spoke with lawyer and if I not cover that bill he will meet me at court because: a) I sold him unroadworthy car. I found on Citizen advice bureau website that: "A vehicle is unroadworthy if using it would cause danger to the driver, passengers, other road users or pedestrians. Common signs that a car may be unroadworthy include: headlights that don’t work faulty brakes cracked wing mirrors worn out tyres seatbelts that don’t work properly a faulty exhaust system." So I cant agree with him, all these where work perfect and the car was safe to drive, he also checked the car very carefuly and was really hapy with it b) He sais the that ma car didnt match the description from Ad, because i stated that "car is in excellent overall condition" which I in my opinion was on Tuesday. It wasnt perfect ( I said to this guy many times that car is not perfect, there are some scratches, high clutch, cause its 6 years old, and 85k miles, but still looks and drives very well,he was ok with that) c) He said that I wanted to sell it after a month, because I knew was faulty, what is completely not true. Do I need to worry? When I was selling car everything worked as it should. I didnt force him to buy it! I am also wondering why he didnt call me on Tuesday, when like he said: "Had big problems with driving this car home" ? Or even next day? Its weird for me, and I dont want any problems, pay any money, or going to any courts. If You could give me any advices I will be very grateful, cause I didnt sleep last night because of that. Thanks. Jack.
  10. My 6 year old daughter needed surgery to correct a squint late last year. We have been monitoring her eye at our local hospital since she was tiny. For various reasons we decided to pay for the operation ourselves. We did this via the NHS Optician but my husband did speak to the consultant on the telephone and he said that if the op didn't work he would rectify it at no further cost to us. The operation was not a success and they overcorrected the squint. We agreed to monitor her eye via NHS appointments to see if it would relax back out. It hasn't and she now needs further treatment - repeating the same op would not be a good idea. I asked for a meeting with the consultant (we never had a post-op appointment) and was asked if I wanted to go privately to do so or wait weeks on the NHS!! He is prepared to refer my daughter elsewhere on the NHS but clearly thinks that is an end to the matter. Are we really expected to shrug our shoulders and walk away when we have spent over £2000 on an operation that has been no benefit to my daughter. Does anyone have any advice .... please
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