Showing results for tags 'sale'.
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Has anyone been to court in a consumer dispute section 14 not of satisfactory quality/not fit for purpose where the product was faulty in the first 6 months where the burden of proof is reversed how important would this be for the claimants case
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Colleague at work bought a car from a private seller on Friday last week - 2003 BMW for £750. She needed car to get her 4 kids to school and her to work etc as previous car had conked out completely. Seemed nice old guy, had all service history etc. Saturday morning a warning light came on for coolant so she went to a petrol station, bough some and put it in. Same thing happened again on Sunday and Monday. Took car to a garage yesterday and it seems cylinder head gasket has gone. She has contacted the guy who says there was nothing wrong with the car when he sold it and won't entertain any sort of refund. I know you have very little protection when buying from a private seller but I feel so sorry for her- she's only had the car 4 days, just wondered if anyone knew if she could do anything about getting at least half of her money back which would pay for the repair.
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Does my Employer have to tell me and my colleagues if they are currently looking for a buyer as they wish to sell the Company. Or only once they have found a Buyer. I have just found out that my company which is a Ltd Co and owned by 2 shareholders is having due diligence done with the intent to put it "out there" for sale.
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Hi everyone, I made account to seek some help with regards to a car I sold yesterday. This is the advert: I have for sale my Black e46 320D BMW. I am a BMW enthusiast and selling this due to lack of space at home now. The car has a relatively high mileage (over 170k) but do not be put off. I have serviced this car personally every 6 months including: Glow plugs oil (BMW spec) filters (cabin, oil and fuel) coolant brake fluid. I have just changed the oil and filter prior to sale. I work part time as at a garage and have access to tools and trade prices. The car was driven only on long motorway runs (30 miles trips). I has never been revved in my possession when cold and car has receipts for a new turbo and fitting done a couple of years ago and a new ABS pump. Clutch and flywheel solid too. Break hoses have been changed too prior to last MOT in June (no advisories). I have upgraded it with 4 19" M sport wheels with no welds or cracks in the summer, I have put 25 mm spacers at the back but will supply also the original bolts and/or remove the spacers for you if you want, the tyres were new with only 3 months of driving on them. The wheels alone are worth 400-500 second hand. I have also fitted angel eyes (see pic) and refreshed the leather 6 months ago, the interior looks like it has only 1/3 of the mileage and it drives like that too. I have used this to drive my family around and have never cut corners. Welcome to try and test it, and for the price I will throw a new gearknob with with metal finish and brand new M3 mirrors (heated and electric). I have also just fitted a new glow plug control unit and 3 diesel (reconditioned injectors). Car can be viewed in Gloucester or Swindon (I commute everyday between the two Buyer signed the sale bill saying that he purchased the car sold as seen. I specifically asked him if he was happy and he said he was after we went for a test drive, looked under the bonnet and under the car. Today he texts me that the A/C belt slipped out as he was driving as he was driving and can see the crankshaft pulley vibrates (probably because its worn). I had no knowledge of this before and told him so. I said to him (before the sale) that the only problem were the leak from the injectors that were replaced. I must clarify I have a normal day job (Office) and I work on a zero hour basis for a local tyre / service shop (hence the message above). I am not a trader and never been registered as one. I have never privately sold a car before (unless P/X to a garage or scrappy). I offered as a gesture as he was guilt tripping me that his wife is in tears and the car is unusable (it isnt A/C wont work for now until the belt is back in and the pulley will need changing by the looks of it), I said if he buys the pulley I will take it to the garage (tyre shop, services not Car Dealership) and replace it for him if he buys the part. He wants full money back, today or will take me to court. After a few messages on text tennis he now claims that the clutch is not good, but I think it is. I am worried he might drive for miles on half cluch in the next few days and have me that way. The only questions he asked me were: 1. This failed MOT last summer on rust by the jacking points but I could not see it. - My reply: Yes because I cut, it weld it and under-sealed it 2. Are there any hidden faults? -My reply: The only faults I am aware of were the injectors and the glowplug unit. There is the a receipt for the Glow Plug unit and here are the old injectors (you can have them) that were replaced Thursday. We signed, he drove away, and text when home that he was home and I can do the car transfer (He just changed the insurance over). I have given all paperwork (including a folder with receipts and all proof of servicing to him) and only have a copy of what we signed that he was buying the car on the 10/03/2018 and was sold as seen. The car was advertised for £1450 and he haggled it down via message to £1175 as this is an old car with 175k miles. Quote message: "To be honest car look ok but have 7 previous owners is 15 yo and 175k so every lots of think could go wrong. I can come now im from XXXXX so think about it and let me knowThanks" What shall I be doing?
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Hi I wonder if I can get some advice please? I part own a property 30% me 70% estranged father in law It’s been a messy business but I just want done with it now and need to figure out the best way to end all ties Can anyone tell me how I go about getting my share of the property and my name removed from anything to do with this vile man? Thanks so much for your time
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Confusing Solicitor question regarding sale of house
just_jue posted a topic in General Legal Issues
Hi, I don't know if this is in the right section. My mum passed away in may and my brother is sorting out her affairs. She inherited her house from my Grandma and Granddad. We are trying to sell her house and the buyers solicitor has asked a very strange question. My grandma and granddad brought the house in 1940 and the house did not have a fitted bath at the time. My dad had just started a building business and installed the bathroom for them. The solicitor is now asking if they had permission to install the bathroom which of course we don't know. Is there any period of limitation regarding this or anything else we can do. Thanks JJ -
I got in a convo with a potential buyer of a product after a number of messages we decided to take the sale outside of ebay, it's for about £xxx (hundreds)... It's a little naughty I know and the safeguards are here for a reason but that is not my point. He has over 3000 pos reviews and I myself am genuine. He wants to send money via paypal frineds and family for £xxx. Then I box up goods and post. The worry is he could get the goods and dispute it and get money back.. Should I ask him for some paper work or a signed document that concretes things.. They are records you see, very rare ones. So anything could happen.
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Hi everyone, if anyone can help please do. Just a few questions about my bill of sale 1) my copy is not dated or signed by a witness. 2) if other copy has been signed by same person from lbl company that signed my credit agreement does this make the bill of sale void? 3) after looking at my credit report the lbl company has stated i have an unsecured loan and not a secured loan..does this make a difference? 4) bill of sale has a witness address on it being media factory in preston which is a university address...is this allowed? Have requested a copy which was registered with the high court but had no reply from lbl company so i will send off for it myself. Any help will be appreciated
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Private sale of goods contract advice advice please
chorlton1 posted a topic in General Legal Issues
Almost certainly posted this in the wrong place for which apologies! I am in the process of purchasing some electrical equipment by private sale (running side by side with buying a property from the same vendor). Can anybody point me in the direction of a simple template for a private sale/purchase agreement that is appropriate for use in England? I have found a few online through "legal" websites but they are either very American or require some sort of fee/subscription - my Solicitors will knock one up but also charge the earth! Thanks in advance if anybody can help. -
Hello All, I had a Beko Fridge Freezer delivered on 18th February and as advised, left it for 8 hours before switching on. On turning it on, there were strange sounds, some clicking and loud screeching sound, a bit like a cat being strangled. I called Currys and was asked to talk to Beko, which I did. I was told this could be due to gases in the system and that I ought to wait a few weeks. It is now coming up to a month and the noise has not stopped. I asked for a Beko engineer, who came out today and said this was not faulty but the sounds were something found in the frost free type fridge freezers. While he acknowledged that it was problem, said nothing could be done as it is not listed as a fault. I have called Currys to say that under the Sale of Goods act I wish to return the item. The have replied that it is now a used item and also as they cannot power the fridges in-store , the noise is not their responsibility. Any suggestions would be most appreciated. Thank you.
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Well it is that time of year again when Car Boots kick off. Just found this story. Diamond ring bought for £10 at car boot sale turned out to be worth £350,000 Read more: http://metro.co.uk/2017/05/22/diamond-ring-bought-for-10-at-car-boot-sale-turned-out-to-be-worth-350000-6651215/#ixzz4hmYG7BAm What is the article that you found at a car boot that you were delighted with or disappointed with. Maybe you bought something that fell to pieces or a bargain that you want to gloat about. Well you have to release the pleasure or displeasure. Yesterday I bought this Bikini Vase for 50 p popped a flower in there and pleased me no end. I am easily pleased.Are you.
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I had a restriction of sale placed on the Land Registry title of my house for approx. £1000 in 2013 by Sigma SPV1 Limited while I was out of the country and did not receive notice of a small debt (which snowballed with penalties and interest) after I moved abroad. I am now about to sell the property and checked the title and found this restriction from 2013. I searched for the company, Sigma SPV1 limited and see that they were dissolved last year. How do I go about removing this restriction as quickly as possible? I'm happy to pay the amount if that's the quickest way, but unsure if I can even do that since the company with the restriction was dissolved?
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Hi, I am in need of urgent advice. In April 2014 after losing a High Court case brought against myself and 8 others by our former employer, an interim charging order was made final. During the hearing I offered to pay the judgement debt (£8,000 + costs and interest of £120,000.00) by affordable monthly instalments of £100.00 but this was refused by the claimant who stated to the court that they had "no intention of applying for an order for sale but merely wanted to protect their interests". I subsequently made a number of instalment offers to the claimants but each offer was refused and indeed, my letters were often ignored by the claimant and their solicitor or they would take months to reply. In December 2016 I received a copy of an order issued by the High Court granting leave to the claimants to apply for an order for sale. The witness statement attached to the order was prepared by a solicitor who has subsequently been struck off for dishonesty and fraud! The statement also contain a number of factual mistakes and exaggerated the value of my home describing a different property to the one that I actually own. (using a Zoopla valuation as evidence of property value). The claimants issued their application for leave in the QBD of the High Court and the application was subsequently transferred to the Chancery Division where the order for leave was granted. the case was then transferred to the Central County court before being transferred again to Portsmouth County Court. At the hearing, the claimants failed to turn up and had written the day before to the court stating that they believed that they would not get a fair hearing (as one of my codefendant's partner had worked at the court 10 years previously!!!). The DJ was not impressed but would not dismissed the case as he believed that the claimants would only apply to reinstate proceedings. He subsequently transferred the proceedings to another County Court where the application will now be heard on 26th May (for directions). I am sorry that this preamble is so long winded! I need advice about what to do next. At the Portsmouth hearing the DJ alluded to the Human Rights Act (I assume he meant Article 8) although I am not sure how to use this during the hearing. My home is in joint names with my wife. My 20 year old daughter also resides with us. She is a full time university student and suffers with anxiety and dyslexsia. My wife works part time on a modest income. My income is also quite modest. The correct zoopla valuation for my home is £146K approx and my current interest only mortgage is £138K. After deduction of estate agents commission, solicitors and removal costs there is gross equity of about £2,000.00 (half of which presumably will have to be paid to my wife as she is not a party to the proceedings). The High court have never determined what my financial interest in the property actually is My interest only mortgage ends in about 6 years and, as I cannot afford to repay the loan, my family and I will have to move (possibly to a shared ownership property). I would welcome any advice and assistance that any cagger's can give to me about how to deal with this upcoming hearing (assuming that the claimant's turn up this time). In anticipation I appreciate any help that can be provided to me.
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hi, I bought a BTL in Glasgow in 2005 at a value of £175,000. The mortgage was £155,000 and fast forward 12 years it was still in neg equity after the crash in 2008. with a host of tenant and service charge issues. in the end i let it get repossessed and it was sold for £139,000 in less than a week. the arrears were £7,000 and im sure there were costs involved in the sale such as estate agents and sols etc which we expected we were expecting s shortfall of circa £30,000. we received a letter with stating a shortfall of just under £45,000?! There was no breakdown of costs or the account just the amount to pay? this seems excessively high and totals with the sales price £184,000 which is nearly £10,000 over the original market value? has anyone else had shortfall surprises with lenders such as NRAM as this is new waters for us and we want to be up to speed on any fees and costs we should be aware of before we move forward with an action plan. thanks in advance for any help!
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Hi all, I have a long winded situation. I have council tax debt that has gone up to £5,000. This has been going on from more than 8 years from a different house I lived at before moving in to my own house. The council has passed all dealing and account to solicitors who I have had a few email communication with confirming I will be making a £100 monthly payment towards the debt as well as paying £1200 of council tax on my current property yearly. The house is worth £285k today. Three different Charging Orders have been applied to the house for council tax debt as I have tried to keep up with paying for the council tax going forward and also paying for the debt owed from years back. It has been such a challenge as the type of work I do is contracts which is not too regular. I am currently not working, I have three children with the youngest a year old and oldest 8 years old. My Partner works part time. I have just had this bulky document come through the post. They are court papers. The Council are taking me to court to push for a sale of my house I live in to recover 5k of the money owed. This is very distressful and annoying to say the least. I have offered to be paying £100 towards the debt, who refused it contending that their client - the council - are not accepting this as it will take too long to pay off the money owed. The court date is for the 18th of October next month in the meantime, there is a job I am scheduled to commence on the 2nd of October too which will enable me make some bigger payment towards the debt. The issue now is, legally, where do I stand and how do I contest this as it stands. I have evidence of all the payments I have made so far and email correspondence What advice and how do I proceed, it can not be just and equitable to push for a sale of a house worth £285k over a 5k debt with children in the house!! I am not disputing the money owed either, I just need more time to come up with some of the money. I am not in receipt of any benefit from the state either. I await your responses and thanks in advance all.
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Greetings All, Been a fan of the forum for several years and kudos to the site team and members for all the great resources on here. I'm hoping someone can profer some advice re an issue I'm having with the gentleman that purchased my house late November. As mentioned above completed the sale of my home late November 2016, prior to the sale the property was rented, although tenant moved out prior to completion and I am living with my partner. Problem is I indicated that fixtures and fittings were not included in the sale, i.e. beds, fridge, washing machine etc. I personally was awaiting the funds from completion to enable me move the leftover items straight to storage and shipment abroad as I am relocating.. Completion happened and I had to travel abroad immediately for a family issue and I immediately called the buyer who I had met and he told me he had collected spare keys from my estate agent and I should agree with him when I was ready to attend the property to remove my belongings. As I returned to the UK I made several call to said buyer and he ignored several calls and text and eventually agreed to grant me access on the 15th of December 2016 for proposed removal. When I arrived at the property I was given access by his builder for 5 mins but they claimed to have lost the shed keys where I also had items in. I was told to break the shed door by the builder but was hesitant to do so without new owners consent. I called said buyer as I exited the property and explained above to him and also reminded him that fittings, fridge , washing machine etc not included in the sale. Long and short of it is he has ignored and avoided my calls since that day and I have been unable to get any of my belongings. He answered my call once this week to tell me a tenant was to move in this week and he will call me re stuff in the shed but is being evasive re other stuff and trying to say I never collected them. Question please is what legal recourse I have and best suggestions in resolving this situation. I have tried to communicate with him civilly to no avail. Thank-you. Pete
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Hello all, I am new here and in need of some opinions please. In March of this year, I sold (as a private individual) a full set of alloy wheels and winter tyres on ebay. The buyer paid £250 cash and went away leaving brilliant feedback. The price was for both as the tyres were already on the alloys. Late October (so over 6 months), I get bombarded with messages saying 2 of the wheels are buckled and are dangerous and cannot be repaired. To cut a long story short, the buyer says that they can prove the tyres have not been used since they bought them (their car was brand new in the spring and the tyre wear on the standard tyres matches the 5k mileage). The buyer also states that an alloy wheel repair guy says the damage is so bad that the car would have been shaking and undriveable. Therefore they say they can prove the damage was there when I sold the wheels. They seek either a full refund or £100 compensation to settle out of small claims court. If they were indeed damaged, I had absolutely no knowledge. The car I had then drove fine on the wheels and certainly didn't shake. Interestingly, the buyer told me they are purchasing brand new alloys to put the tyres on because they acknowledge there is nothing wrong with the tyres. Not sure how they can expect a full refund in that case! Technical question first: If the wheels are as bad as they claim, wouldn't this affect the tyres so that they too would be of poor quality? Legal questions: Fitness for purpose/satisfactory quality does not apply to private sales as I understand it but S.13 of SOGA re sale by description does apply. SOGA has been replaced now though and I can't see anything in the sale by description part of CRA that applies to private sales, do you agree? So, if an argument cannot be brought about the quality (caveat emptor) but lets say they can bring a description argument, my description would have needed to make claims that they were perfect and free from defects. In fact, my description said they were used alloys and tyres over 2 winters and had minor marks and scratches on them. No other claims were made in the advert and I could not advertise them as having a defect because as far as I was concerned, they were fine. All this law blows the mind somewhat! What are my rights here? Has she in fact got this in the bag and I've misread everything? Help! Thanks
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As in the title but here goes. Saturday I drove my car 200 miles down to Gloucester to do a deal with a chap that had a van that I wanted for work. In the eyes of we buy any car his van is worth £685 more than my car but we came to a deal that I would give him £1500 plus my car with 55,000 miles on the clock. Since owning that car I spent a small fortune having the clutch and dual mass flywheel done and full service and then also before we did the deal I had all the starter motor changed for a brand new unit, paintwork imperfections sorted as I told him I would and all the wheels refurbished. I went above and beyond to make sure the car was right as I am honest and also didn't want the deal to go pear shaped after travelling all that way. The guy also drove up around 150 miles from his address so we could meet half way so to speak and save one of us travelling too far. We both did checks and I did HPI checks for both vehicles etc.. we both had test drives checked all relevant documents and decided to do the deal. We both drove home and obviously both satisfied. Then today around 36 hours later he calls me to tell me the turbo had blown and oil was all over and he wants me to pay for it. I feel awful but at the same time I can't help but think I have already spent a lot of money on it and we have already done the swap and agreed to the deal. What if the van brakes down or anything happens today,tomorrow or next week I have taken that chance jut as he did. Where do I stand legally with this one? It was a private sale/swap and neither of us are traders or dealers. Many thanks in advance to anyone who can shed some light on this problem as I am losing sleep over it.
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Hi all, I bought a car through a private sale a couple of months ago, (£1750) it was advertised as in Good Condition. It was test driven and all okay. Bought the car and within a couple of weeks there was an issue with starting and the lights on one side of the vehicle failed, as well as no reversing lights. I have just picked up the car from my local garage and they have fixed the light problem, broken wiring (£159) I had also asked them to check out the starting problem. and they have advised the following. 2 x diesel injectors found to be leaking fuel back to tank cost of £900 to fit including labour. There are also fault codes appearing EGR Valve signal and Camshaft Sensor Signal. (no costs given yet) I know this was a private purchase, but I am wondering that as these are mechanical and would not have been seen at time of purchase, where would I stand with claiming some of the costs back for repairs.bearing in mind the advert was Good Condition and I still have a copy of the advert. Is it down to the seller to prove they were working at the time, I spoke to the mechanic and he advised that the injector issue happens over a period of time so its not an over night problem. any thoughts welcome, I would be happy to just get some money back from the seller.
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My wife purchased a Logik TV from PCW 31/08/2016 for £79-99. Yesterday 13/01/2017 there was a "pop" and the TV no longer switched on - browsing the internet I find it is a common fault with Logik TV for the power supply or motherboard to fail in this way. Visitng PCW in Coventry I was told I HAD to allow them to repair the TV and COULD NOT ask for a refund on the grounds the TV was "not fit for purpose". Their policy is that they MUST attempt a repair . Is this true that under the SOGA I HAVE to allow them to try a repair before I am allowed a refund. I remember once reading that after you had allowed a repair you were no longer allowed to ask for a refund. Can anybody enlighten me as to what action I am allowed and whether I HAVE to allow PCW to repair a TV I have now lost all confidence in.
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Some confusion about this It seems, so I thought I would just post a quick guide. The three stages of enforcment for none HCEO debts are outlined in the taking control of goods regulations. The compliance fee stage is due on the receipt of the warrant by the EA or on the date of the NOE depending on the type of debt The enforcement stage fee is due on attendance of the EA at the debtors "relevant premises" The sale fee is due as per section 5 of the regulations: “the sale or disposal stage, which comprises all activities relating to enforcement from the first attendance at the property for the purpose of transporting goods to the place of sale, or from commencing preparation for sale if the sale is to be held on the premises, until the completion of the sale or disposal (including application of the proceeds and provision of the information required by regulation 14).” John Kruse explains the situation here as follows "As fees run from the “first attendance at the property for the purpose of transporting goods to the place of sale” various predicating factors seem to be indicated. Of course, there must have been previous levy by which goods were secured on the premises: only ‘controlled goods’ can be sold" This is clear from the legislation and means that whilst goods can be removed at first attendance(for storage) they cannot trigger a sale fee, as the action would still be at the enforcment stage. The sale fee can only be applied to goods which have been previously taken under control
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Could anyone please give me some advice on the process for an Order for Sale on a property. I have today just had the hearing regarding the interim charging order I had against a debtors property and thankfully the judge has made the order 'final'. As the debtor never attended court or replied to the order I have no option other then to pursue the Order for Sale and would like to know how I go about that, what's involved and what action/steps I need to now take. thanks in advance for any help or advice given
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Good morning, I have found that my wife has taken two loans out with Car Cashpoint, one in 2012 and the second last year 2014. I have checked the agreements and Bill of sales and they appear all correct and registered. I have seen on here that the issuing of 2 bill of sales is legally not correct and maybe fraudulent. Can I ask why please? They did not clear the first account with the second loan just gave a top up.
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A week or so ago a regular contributor on here (Dodgeball) started a discussion thread on the subject of when a bailiff should legally be able to charge a 'Sale Fee' of £110. The importance of this subject prompted me to approach CIVEA (The Civil Enforcement Agency) and yesterday they provided me with a copy of their official Guidance Note on the subject. A copy of this should be featuring on their website this weekend. Dodgeball's important and interesting thread on this subject has run to 5 pages and with 100 replies, I thought that this Guidance would get better publicity if it was posted on a separate thread. The original discussion thread can be found under the following link: http://www.consumeractiongroup.co.uk/forum/showthread.php?453200-Removal-for-sale-fee-when-can-it-be-charged
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A month ago, a regular contributor to this forum (Dodgeball) started a thread on here about the ‘sale stage fee’ of £100 and when it should be charged by bailiffs. The regulations were completely overhauled in April 2014 and there is (and will continue to be) a great deal of differing of opinion about the wording and application of the regulations and will no doubt not be properly resolved until a court makes a judgment. Unfortunately, Dodgeball’s thread was once again the focus of unwarranted attention elsewhere and with this in mind, the thread ended up running to seven pages. http://www.consumeractiongroup.co.uk/forum/showthread.php?453200-Removal-for-sale-fee-when-can-it-be-charged I am reliably informed that because of the importance of this subject, Dodgeball approached the countries expert on bailiff law; John Kruse for his professional opinion. John considered that the question was important enough to be quoted is his regular Bulletin (that is available to the advice sector for free or available by subscription to the public). Given the popularity of this forum, it is frequently viewed by members of the the enforcement industry. Those individuals are unlikely to read a copy of John Kruse's Bulletin. Hopefully by providing a copy of his opinion on the charging of this fee it may prove useful to them. A copy of Dodgeball's question is below: I am currently engaged in an interesting debate about sale fees and when they are applicable- in particular if a bailiff can charge the sale stage fee whilst on an enforcement visit. Many, particularly HCEOs, are under the impression they can. My position is that they cannot. My arguments are these: Sch.12 para.13 TCE Act 2007- this section outlines the ways that goods can be taken under control; it says that one of the methods listed must be used. Since only controlled goods can be sold then presumably only one of these can be used and must be used prior to removal for sale. It must be noticed that none of the options relate to the sale of goods, in fact they all indicate that another attendance must be made, to removed the previously secured goods or to inquire about the failure of a controlled goods agreement. The mention of removing goods in para.13 is, as you say in Bulletin 27, for purpose of storage rather than sale, so a subsequent attendance must be made there also. The Taking Control of Goods (Fees) Regulations state that “the sale or disposal stage ... comprises all activities relating to enforcement from the first attendance at the property for the purpose of transporting goods to the place of sale etc.” The attendance at enforcement cannot in my opinion be for the purpose of transporting goods to the place of sale, because no goods have been seized at this point. There is also the matter of arrangement for sale as you mentioned in Bulletin 29. I do not believe that merely ringing for a van can fill these criteria as I believe the MoJ has suggested. Thirdly I think that the procedure was intended to be in three stages, so allowing the EA to circumvent the last stage by switching from enforcement to sale whilst in the enforcement stage is not what was intended. I would appreciate your thoughts.
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