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  1. Hi,I'm new here. Without mentioning names, I bought car for 5.5k. described as"drives like new", immaculate condition" etc. Within 28days, red EML light come on, had it locally diagnosed as issue with electronic throttle and exhaust pipe seized shut. I immediately notified the trader, who largely ignored me. I consulted mechanics and was told the serious fault and I better be off rejecting it, under CRA 2015. I had written the dealer (independent garage) quoting my reasons to reject the car, gave them two weeks to issue refund, meanwhile I am without a car. They fobbed me off again, did not collect car,did not diagnose nothing. So after two weeks, I sent letter before action via email and recorded delivery. They called back asking me to take the car to nearest garage and if reasonable they'd pay. I did not agree reasonable part however I had to tow the car to another reputable garage for further diagnosis and quote. It came to 900+. After 5 days of issuing the quote, they came back saying too expensive and I should bear all costing to take car to them and they will fix it(towing would cost around 500). I obviously rejected and went ahead with repairs, now asking them to pay the bill or there is a Small claims on their way. Before you comment, please note following reasons I also rejected,apart from the cost of towing, which they asked me to pay. 1) they sold car with the main warranty provider, I did not get the document but all of their cars had their branding all over (approved dealer, 6m warranty) but I found out they lied. I had various dealings with the warranty company, who sent their staff to REMOVE all their branding trafer fraudulently was using. I have confirmation of this . 2) Autotrader reviews - I naively trusted the reviews, more than 50 ,nearly all 5*. Upon my issues, I went through one by one, and realised they are suspicious. After lengthy dealings with AT, they were found that 46 of those(including dealers responses to those great reviews) were fraudulent. Based upon the fact that they left me with no car for a month, lied to me about everything as stated above I could not be expected to trust them to repair anything to the required standard. (They must have cleared all fault codes prior to selling the car!) There are other matters that I cannot comment on due to legal reasons too. My question is : has anyone been in rotelt similar situation and any tips before small claims? TIA
  2. I'm trying to find out if a business mobile contract is different for a Sole Trader (up to 10 employees) versus a limited company? I thought I'd read somewhere that a sole trader has similar rights to a consumer? Basically, it seems, companies have no automatic rights - it's assumed they have access to lawyers, I guess. I have been told because I have a business contract that consumer rights don't apply. Also that 36 month contracts are not banned for business customers? (Ofcom rules 24 month max).....and that a 14 day 'cooling off' period doesn't have to be offered to businesses??
  3. Hi I am self-employedand VAT registered, my certificate says my name followed by my trading name. I am now venturing in to a new industry, totally differentto the one my normal line of self-employment is in. I still have to charge VAT? It will be alittle suspicious for customers if for example they were being charged VAT on atree surgery job but the vat name was a motor trading company (That is just anexample, not my lines of work). Do I just get theHMRC to amend my trading name to simply my name? Is that possible? Or do I needa new number? I looked online but couldnot find anything relevant. Cheers J
  4. Apologies this is a long story..... Bought a used car from large flashy Range Rover garage on 31/03/18 for £18,500. Husband gets train to work and I walk so we hadn’t really used the car much at the start but noticed something wasn’t right so called trader. They offered to look at the car but at their chosen garage which was 30 miles away and we had to take it there. Husband took the day off work to drive it there and was given what I can only describe as an old banger as a courtesy car. Garage repaired the car (replaced Haldex?) but couldn’t find all the problems we had listed (it got stuck in reverse occasionally and didn’t automatically change gear smoothly and got stuck in first gear once) we drove another 30 miles there and back to collect it. A few days later the fault returned. To be honest there were a few other things we weren’t happy about by this point, rear camera had stopped working, one of the rear passenger doors wouldn’t open. Now we’re out of pocket and fed up with the whole situation and called the garage to tell them that the problem had returned and we wanted to return the car as we had only had it for 2 months. The garage offered to repair it again and refused the request for a refund. We wrote to the garage, quoting the Consumer Rights Act and that we didn’t have to accept a second repair and that they should refund us. They refused. We then got an independent check by the RAC (cost £300) who found problems with the gearbox and confirmed rear camera, door was faulty. A day later I drafted an email to them (I always send Rec del letter too) explaining that we’d got it checked out and would now like to request a refund again. I also phoned the rmi to start Mediation as apparently if you take court action, a judge won’t be happy if you’ve not tried this first. However, before I sent the email yesterday (sat 14/7) I got a phone call from my husband saying the car had broken down. Couldn’t get it started Called the RAC and 6 hours later they stuck it on a truck and brought it back to our house. It is now on our drive, we can’t do anything with it as it won’t start. What do we do now? Go straight to legal proceedings? Call the flashy garage people and tell them to come and get it, which I reckon they won’t! And advice greatly appreciated
  5. Hi This is my first post so please forgive me if I'm asking a question with a pretty simple answer! I recently (2 weeks ago) bought a car from a trader which after taking it to a garage has been diagnosed with a few problems. Notably, front and rear springs on the drivers side are broken and the washer tank has a crack in it. The only reason I took it to a garage was to have an oil and filter change and a general health check of the vehicle as it isn't running great at all. Now my question is, where do I stand with the trader? I have been given different bits of advice, typically the advice contradict one another. The quote I have received for the remedial work is just short of £300, 'should' the trader pay this for me as it was obviously like it when he sold it. If someone could just advice me of where I stand and how to proceed it would be greatly appreciated. thanks Mike
  6. I have today received a CCJ claim from the Northampton County Court Bulk Centre, for a credit card that was held with HSBC a few years ago. The last statement I can find for the account is 2009, although the assignment to the DCA was later than that date. Having read through the forums for some advice (which is very handy and I'm very grateful for) I'm going to write to them tomorrow with a CPR31.14 requesting the agreement, default notice and the assignment. From people's past experiences, what are the chances of them providing this information? And do they have to provide the originals, or just legible copies of the originals? And am I correct in thinking the fee to enclose is £1? If they do provide the info as requested, and I have no other defence, I can't afford to pay them the amount they're requesting. I could offer to pay them a token amount every month or I could borrow a lump sum and make them an offer of a full and final settlement, although it would be much less than they're asking for. Either way would I still end up with a CCJ? Many thanks.
  7. Recently bought an older car for the "Boss" and have had bother with it. Guy I bought from refuses to repair the car which has developed an MOT failure problem on day 1. Seller claims to be a private seller and advertised as such on Gumtree. Found out this guy has a vehicle repair workshop of sorts and sells the odd vehicle mainly sourced from his brother who is a bona fide trader. Am taking him to small claims court if he doesn't pay repair by local garage. Beware motor traders in Kirkcaldy Fife, bearing the same name.
  8. My 89 mother invited a company to quote for a reclining chair after seeing advert in National Press. The company is Orchid Mobility and not the company recently featured on tv’s rogue traders. She ordered a chair and unfortunately paid by cheque as they wouldn’t accept a card. They said she would get priority delivery if she paid in full which she did (£1395). I was on holiday by the way and was unaware of this. The order was placed on 19th Feb with a 4 week delivery promised. The chair has yet to be delivered and now we are in May. Numerous phone calls have resulted in blatant lies telling us the chair is finished but too busy to deliver. Delivery dates given but never met etc. I have sent recorded delivery letters giving ultimatums but they have never responded or returned calls. They are still answering their phone and hence still taking orders from old disabled people. I rang citizens advice and they said police not interested and they said after the recorded letters follow up with small claims court. I have traced the company directors name from Companies House but can’t find his residential address or I would ring his home. Cannot definitely find him on Facebook but I think I know who the culprit is. Any advice welcome to get the money back and get this lowlife stopped.
  9. Hi all, just interested to know what a 'trader' is classed as when selling a company vehicle. Does the term apply to any business - such as a Ltd Co Florist that decides to sell a company van? Sold our company van which broke down on the private buyer after a few days. Said they were going to take it in and get it looked at but heard nothing more until 5 months later they are trying to claim a few thousand pounds off us saying the fault hasn't been identified yet and they have spent a small fortune. Is this reasonable? They are now claiming I knew about the fault too and i wonder how the hell I can prove I didn't!
  10. Hello everyone, This is the first time I post on this forum so please accept my apologies in advance if I make any mistake. We are about to resort to the Small Claims Court due to a sole trader that a month ago did a terrible job on our terrace. My concern is that, even if we will (likely) win, it appears very difficult to enforce the court's decision and have our money back (£530). I read of different ways to enforce the court's decision but I would really appreciate if someone could enlighten me about the action with the highest success rate. This is the story: After receiving different quotations by different traders, basing on the quality of the works previosuly made by the trader as shown on his online websites and mybuilder.com, we decided to hire him to have our 1. terrace deck, front balustrade, 2. side fence built, and 3. a bench built in the corner of the terrace as well as a connecting pipe hanging over its corner. The agreed price for the job was £670 including labour and material (although we provided 2 types of paint). Works were supposed to be finished in 3 days. DAY 1: The trader was supposed to start the works with cleaning the deck by water brush and stated that it would have been delivered by 2.00pm but the water brush was not delivered. However he couldn’t start the cleaning and stated that the water brush had been delivered at a different site. This inconvenience led him to start building and permanently fixing the bench on the unpolished deck DAY 2: Unfortunately the water brush resulted being faulty and the cleaning had to be suspended. In the early afternoon the trader managed to get hold of a different water brush. After finishing the cleaning he stated that he did his best but due to the deck he couldn’t really thoroughly clean the deck. The trader informed me that he made a mistake when calculating the wood needed to complete the job and told him that, in order to continue, he should have bought more wood. I asked how much it would have been and he confirmed that the added cost for the extra wood would have been £45. Considering the situation I felt forced to agree. I asked him if painting the deck would cover a burnt on the deck and he reassured me that it wold have been possible by applying some extra layers of the type of paint (suggested by him). DAY 3: The trader left our flat for about an hour as he apparently forgot something. However the work was not finished so he had to come back on the next day. DAY 4: Before arriving the trader contacted my wife and said that he wouldn’t be able to mount the hanging connecting pipe in the corner (as agreed) as he could not find the parts to complete the job and proposed to swap it with a chain. The proposal was firmly rejected by us so we had to opt for a wooden bar as last resort. The trader left the flat at about 1.30 pm when I was away and told my wife that we were actually supposed to pay extra £72.53 as results of the further material he had to purchase despite agreeing with me that the extra cost would only be £45. Also he provided receipts reading a cost of £61.43 (this matter was successfully addressed though). Post Work Checks: When I was back I inspected the job and noticed that: - The burnt on the deck was not covered by the paint - Despite the contract reading that the trader should have cleaned the walls with the water brush, the walls (and other surfaces) were actually stained by both types of paints, the one used to paint the fence and the bench and the one used to paint the deck. Before him leaving the flat my wife asked him why the walls were stained but he could only reply that it was necessary and that we should have repainted the affected surfaces. More important is that part of the paint used for the deck has stained the walls and the bench: this is stain paint so simply repainting surfaces will not suffice and, in order to fix this up, a blocker will need to be applied on walls. - The hanging wooden bar split open on one of its sides due to the bad nailing, which means that it will not last long - The worst part is that the most planks (approximately 95% of them) used to build the bench and fence are badly cracked to the extent that some parts are widely split apart. Also the trader didn’t even bother painting the inside of the planks completely. - He built the bench on a screw that is now stuck under it and sticks out and cannot be removed (which is likely damaging our deck as well as being a sharp object). He saw this as he also painted over it - There are other minor imperfection like the planks roughly cut due to the use of inadequate tools After asking for an evaluation of the work by another trader it turned out that most of the stains on the wall could have been avoided by simply painting the planks and subsequently fixing them. While the other stains due to the deck paint spread around denote carelessness and a job that very likely was rushed. At the very least the trader could have used tapes and protecting layer to preserve the affected areas. Also, the wood likely split as the wooden parts should have been drilled first. At this point I spoke on the phone with the trader to inform him that we weren’t happy with all the above issues and would not proceed with the payment of the final 20% until he would at least replace the damaged wood. However he refused and said that this would cost us more money. After sending him 4 of the pictures taken to show him the entity of the damage he replied that we should pay him first in order to have him come over later to glue the broken parts. We obviously rejected the offer as he deemed it unfair. As if was not enough, all the pictures of what appeared to be his amazing previous works were taken from other sites so obviously nothing that he could possible ever do. We spoke with the Citizen Advise Bureau and they instructed us so we asked him if he was member of any ADR scheme but he never replied (which means he's not), so we asked him to have an ADR involved but he never replied (which also means no). We also spoke with a solicitor who said that the work is so bad that there's no fear to lose this case. We sent him 3 letters by registered mail and he only replied to the first one by email. He admitted he needs to fix all that mess up in a couple of emails but never confirmed he'd do this before we complete the payment (as requested by me) nor tried to arrange a date to start the works: which means that he wants the money first. He has gone silent for the last 2 weeks despite me sending him texts, mail and emails. Sorry for the long post and thanks for your help.
  11. Hello, Can you tell me how can i register as a sole trader while in the same time I'm a LTD company director and a LLP member? It seems to be a problem through the HM R&C online service or I just can't find the answer... Looking forward for all your help
  12. Hi all, New on here but have been reading a lot - I need some help with a claim for I have had through in the post. I used to run a business 4/5 years ago that dealt with various suppliers. The business closed in 2012 and hasn't traded since. I had a letter around 2 months ago from an old supplier stating that the business had been sold to someone else and that there was an outstanding balance on my account from 2011, it came with an attached statement of invoices spreading across 18 months - first thing I knew about it, I was not aware I had a balance outstanding as the business has been closed since mid 2012. I was also shocked that the invoices spread across such a long time period. when I was trading with this company I normally paid for my good on collection or delivery. If any payment had been missed i'm not sure why it was not bought up at my next order? I simply wrote back to this letter stating that the business was closed now and I was not aware of any balance outstanding at the time. On the 12th Sept I had a claim form though the post from a company I did no recognise - I was only on seeing the suppliers name on the bottom on the form I realised who it was from. This old supplier of parts with whom I have not spoken or ordered since 2012. The particulars simply state - "Claiming payment for goods supplied on credit for which payment has not been received" I assume the company that is claiming is the new company that has bought out the supplier? - However it is signed by the guy who I dealt with back in 2011 so not sure. my question really is how to deal with this - The business that closed caused me a lot of grief and money at the time and my credit is still, even if its slowly, recovering from it all closing. Last thing I want now is to have another CCJ on my file and be back to square one! - I'm still waiting for the others I incurred (I probably would not have got them in the first place if I'd have been part of this forum then as I didn't even reply to claim at the time and they were just awarded as default!) to drop off! The main defence I think I have is that I was never aware until recently that there was an outstanding balance. I always paid for my deliveries or collections at the time of ordering. I did not have a "credit" account which I had a limit for and paid off as you would with a normal supplier. The company (although it was me as a sole-trader) closed in 2012 I am still unsure why, if the claims are true, I was allowed to keep ordering for a period of 18 months if this balance was due. It seems to me that there must be an admin error or their part or something? Any advice or suggestions? Cheers Chris
  13. I made the mistake of ordering a sewing machine online without checking the company's credentials beforehand. Got carried away with a bargain (more fool me). It turns out they've been on BBC Watchdog and Rogue Traders in the past and haven't changed their ways since. I immediately cancelled my order - same day and my request went ignored. They sent me an email saying they were processing my order. I reiterated that I wished to cancel. They sent me a dispatch notification saying they'll deliver the item Exress delivery. They did email me back when I stated that I refuse to be liable for delivery charges or admin charges as I cancelled 2 days before they sent it out. They said they had upgraded the machine from an ex-showroom model to a brand new one but they'd try and cancel the delivery and get back to me shortly. I have no doubt they said that to try and get me to accept the delivery and from what I've read on other reviews/forum posts that would be a big mistake! I refused the delivery and now they won't engage with me at all. All of my 'Support Forum' posts have been closed without response. I've opened a dispute with the credit card company but I'm not sure it falls within their remit - I didn't take delivery, they did try to deliver, the item wasn't damaged, they didn't charge my card fraudulently ... So where do I stand? It's been 12 days since I placed and cancelled the order. 7 days since I refused delivery and 3 days since they received the item back at their premises. (I have tracking proof). Any advice would be much appreciated. Thank you!!
  14. Hi all, I bought a car on 01/04/2016 from car sales trader for £500. After a week ABS fault light came on, exhaust blowing, brakes and 2 front tyres worn. Halford Health check said head gasket leaking oil, all brakes disc and pads needs changing, clutch worn. AA breakdown patrol man confirmed that clutch is worn (high) but not slipping. I paid to get exhaust replaced due to needing a car to work and school runs desperately. I paid a garage to use diagnostic equipment to check ABS warning light on dashboard. I spent these money before I learnt of clutch and oil leak issues. I don't mind spending to get brakes, tyres, and exhaust fixed but, clutch and oil is a no no and too expensive for me for a car which I purchase less than a month ago. Trader not polite on the phone, shouting and hanging up on me because, receipt/invoice stated non refundable, no warranty given or implied. Guys, do you think I have any leg to stand on concerning this matter. Many thanks for any help or suggestions.
  15. I'll try to condense this. Last year I contracted a Gas Heating Engineer (registered) to fit a new boiler in my daughters flat. Unbeknown to me and my daughter, he In fact, he sent an unregistered unqualified plumber (his friend) in his place as he was 'hung over' from the night before..as was this plumber, but not as bad as the Gas Heating Engineer and apparently 'drew the short straw'. Only registered engineers are legally allowed to work on the gas. The plumber made a complete hash of the work that he did, did not complete all the work, caused damage to my daughters property, and then used the Gas Heating Engineers reg number to fill in the paperwork, filled in his own name, but signed it as the G Engineers name??. When I found out, I called Gas Safe and reported an illegal gas fitter. Gas Safe inspector came round and said the job was poor and to get a 'proper' Gas Safe Heating engineer to come and complete the job and rectify all the mistakes so that building regs could be applied for and the boiler to be register for a guarantee. The boiler manufacturer refused to give a guarantee until this was done. The Inspector gave us a list of reputable people. The Gas Safe Heating engineer told the inspector that he did not send anyone else in his place, but he came himself. The inspector showed my daughter some photo's of the engineer, my daughter said it was not him. He then found a photo of the guy that did the job..daughter confirmed that he was the guy and the inspector said that he was not registered, the installation was illegal as this guy had been struck off. The Inspector then said in an aside to me, that I had a contract with the heating engineer who had not done the work, not a contract with this rogue plumber..I hope you have not paid him! The Gas Safe Heating engineer then sent me an invoice for full payment which I questioned and also asked why vat had not been added as he was a Vat reg company, and was told that it was a private job so not collecting the Vat. I phone HMRC and questioned this and was told he had to collect the vat or be responsible for it himself. I was also asked to pay this invoice to a third party..a plumbers merchants that he had bought goods from. HMRC said this was probably money laundering? Anyway, I paid the bill in part, in 'full and final payment' which he accepted at the time (last Feb). I deducted from the invoice the cost of finishing and rectifying the job and to put right the damage that was caused to my daughter property. Have the invoices to prove these amounts. Yesterday, dropped through my daughters door, a summons for her..who had no contract with him. He is now claiming for the money that I had deducted from his invoice. There was also a summons for me, to her address. I have never lived at her address. I have no financial connection to her address, so why send a summons to her address and not mine? Now for the questions: (1) She had no contract with him at all. I was the one who contracted him..how is she liable? (2) My summons is to her address with which I have no connection...is this legally served? (3) My contract was with him, not his friend..he did not fullfil his contract with me but sent an illegal worker who should not have set foot in my daughters property. I am legally responsible to pay him? (4) The summons is being brought in the name of the Gas engineers "company," not privately. This company is now 'Dissolved', so how can a summons be brought by a company that no longer exists? We are not sure how to respond to these summonses. If anyone can help, it would be appreciated.
  16. Hi When my Dad's boiler broke, he called a company from the phone book and the engineer they sent told him he needed a complete replacement of the boiler and quoted him £2600. He charged him £1000 deposit and said he'd be back the next morning to replace the boiler. The same evening, we found another gas fitter who came over that evening and found the problem was with one part and replaced it and serviced the boiler for £370 in total. So the original engineer mislead my father into believing the boiler needed replacing and he didn't do any work. I'm not sure what the best approach is to get the deposit back from the original engineer. The Consumer Contract Regulations stated there should be a 14 day cooling off period where services can be cancelled. There's a template letter for this over on the which website. There is also the The Consumer Protection Regulations which gives consumers 90 days to "unwind" a contract and claim the money back. This seems to be the better option as it is specific to traders misleading their customers. Does anyone have experience of claiming back from traders using this method? Is there a template to use for this? Many thanks
  17. Hi All, Sorry about the title first of all as did not know how to categorise the issue. I bought a vehicle yesterday (18.10.2014) from a dealer / trader around 135miles away from myself, the vehicle is bought for the better half (the wife) and was located on ebay at a fixed price / classified ad. I called the dealer / trader up around a week before and was advised the vehicle is all fine and no issues with it with a full service history and MOT records. I wanted the vehicle for the wife as it was top spec and an upgrade I was advised I need to leave a holding deposit on the vehicle which would be refunded on seeing the vehicle and it is not as described. I left a debit card deposit over the telephone and went yesterday to collect the vehicle, I was met by the trader and I went round the vehicle. I was advised at this point the vehicle hunts slightly when driving but found the AIR MASS METER unplugged. Paperwork suggested this had been changed and once plugged back in the vehicle ran fine and no hunting. The vehicle is fitted with a Sat Nav system which I have no operational skills of but the wife has one the same in her previous vehicle, I was advised by the dealer / trader the disks are missing for the system but it all works and disks can be purchased on ebay. So the vehicle was bought, taxed using the wifes insurance that she had prearranged and I drove the 135ish miles back home without any problems. The wife looked at the car and was happy untill she tried the button for the sat nav to open it as her old disks would work, upon attempting to open the system (pressing button) the screens gets stuck and switches off making a sound through the speakers. After some internet research we believe the unit has packed up and as someone has tried to force it closed at some point. I have contacted the dealer / trader regarding this but their response was "We don't try the functions on the car, the main thing is the unit is present". I have advised the dealer / trader that I would have expected them to test the functions especially when someone is parting with £5,500 for a vehicle. The sat nav unit to buy second hand is around £450 - £500 and repairs are unheard of at the time being. I was wondering if anybody would be able to help with where I stand with the above? Many thanks in advance
  18. Hey guys, Quick brief for you. I bought a second hand van today from a dealer for £3700 + £740 VAT. I found it on autotrader the day before. There was no admittance of any fault in the ad. There hardly ever is on autotrader adverts. I'm 30 miles from the dealership so it isn't too far from me. It seems that the gearbox crunches in 1st gear, which wasn't present during the test drive as it was a brief one. The van is a semi-automatic so it is a very situational fault whereby it only happens if I'm crawling slowly and the van decides to drop to 1st. There was little traffic during the test drive so the fault didn't appear during this time. As I got closer to home the problem started happening. I bought the car from a trader who has 100+ cars in stock so they seemed very established. My question is, where do I stand in this? - Am I able to get a refund or repair? - I feel disheartened as the van seemed perfect during the time of purchase but 30 minutes later I'm having gearbox issues. I haven't contacted the dealer yet as I would like your advice as to how I should proceed. Thanks.
  19. I was sold an un-roadworthy vehicle by a trader masquerading as a private seller. I've sought to contact the trader by email, phone and mail but he has failed to respond to any communication. The car trader is based in Scotland, while I reside in England. As the sale took place in Scotland, does anyone know if am I obliged to proceed through the Scottish sheriff court system? The England and Wales system is available online, while in Scotland one physically has to file papers in the sheriff court as I understand. Thanks in advance for any thoughts
  20. Have a look here, 17 pages long but well worth a read on a Forum not afraid to sail where it's windy. http://www.pistonheads.com/gassing/topic.asp?h=0&f=10&t=1473466&mid=0&i=0&nmt=Fallen+for+a+[problem]%2E%2E&mid=0 Maybe he reads CAG in his spare time H
  21. Hi all, Wondering if anyone can offer advice on an open small claims I have currently against a sole trader. The defendant has not filed a defence on a small claims issued against them even though it has nearly been 14 days. It has surprised me as they were so adamant they were right during our dispute. It has led me to think that perhaps I have not filled out the claim form correctly with the trading name possibly being incorrect. From their website they have a few different names listed, one for correspondence and one for their retail shop. There is also a third name which just appears on a few of their web pages. The dispute is over an order made over the phone using their website as reference. Their correspondence name had headed Great Asian Gifts and Souvenirs followed by a residential address, presumably their home address. Their shop is called Great Asian Memories followed by their shop address. The third reads Great Asian Memories and Gifts. (The actual names are rather more distinctive but similar to this). I put Mrs Ann Smith trading as Great Asian Gifts and Souvenirs, however I possibly should of put trading as the retail shop name as that is who the order was placed with. I did make a note of the retail shop name in the POC if that makes any difference. The pre action protocol letter was sent to the correspondence name and residential address which they acknowledged as receiving so I would be surprised if they could say they never received it. However could the claim be struck out since the trading name I put may not be the correct one (it may not even exist) even though the named individual is correct as is their home address? An annoying technicality if so but my fault which is fair enough. Do you think it is likely they're just going to leave it till the last minute in the process, whenever that may be, to mention this? Since the claim is fairly small, would it be best to just start over again if this happens? Grateful for any advice.
  22. I first viewed a motorhome on 15 October. The salesman told me the motorhome had never been hired out, and was warrantied for 3 months. I made an offer which was accepted. I gave a deposit of £100 I then made a further visit to test drive the vehicle, followed by collection of the motorhome. The day before collection, I was sent a copy of the V5, from which I found that the first registered owner was a motorhome hire company. I didn't like being lied to, but gave them the benefit of the doubt; besides I had 3 month warranty so any issues would be rectified. The day of collection, I was handed an information pack, the majority of which was from the rental company, thus proving that the trader had to know about this. I was also told the warranty covered "the engine only", at which point I decided we need to full test the motorhome. We hooked it up to a generator and added some water; then the first thing tested, the shower, fell apart. Already uneasy, I discussed getting an independent inspection. I later decided to cancel the order. "That's OK", said the trader, "I have someone else who wants it anyway". I asked for my deposit back. I was told deposits are non refundable. "You are not getting the deposit back" Later, it was confirmed by the owner, that the warranty covers everything about the vehicle, apart from the living quarters. I decided to make an offer of £2,000 less than agreed, which I later increased by £1,000 on the basis that there was a very similar if not slightly newer, but slightly higher mileage, same model, motorhome on ebay for £2.250 less ONO which was advertised as being ex-rental. The trader declined my offer, and said the motorhome is now sold....but they still refuse to refund my deposit. I have written to them and requested the deposit be returned by tomorrow. they have replied that they will not refund the deposit, because "if we were going to give it back you might as well have given us a banana". Advice? thanks
  23. Good Evening, I am having a few issues with a car I bought on the 26th August It is a 2009 Vauxhall Insignia 2.0t 4x4 SRI Picked up the vehicle from the trader at approx 5.30pm on the Tuesday evening, drove it 75 miles home and all seemed well Wednesday evening on the way home from work in it a message appeared on the dash stating "service charging system" and illuminated the battery icon Arrived home and turned off and then back on and the message had gone - oh well I thought, will check that later Thursday morning and evening on way to and from work the same thing - message appeared - Decided would look at the battery at the weekend as possible worn as per other cars I have owned Friday Morning same thing again, except this time it started throwing all other error messages and illuminating all other lights as it steadily shut down all non essential systems - pulled over and turned off - car dead, no attempt to crank, nothing RAC called and got car started via boost pack and attached multimeter to battery and diagnosed possible alternator fault as reading were 11.3 -11.6 volts - keeping the booster on the car managed to get it to local mechanic Mechanic tested the alternator which seemed fine and was outputting the correct amp on the bench, but will not charge battery in car. Took it to another mechanic who has better diagnostic kit and will run some tests on it tomorrow to try determine what the fault is Car came with a 3 month RAC warranty, to which I say isnt worth the paper its printed on! There is a £300 limit on the repair, including parts/labour & VAT! The alternator is dealer only and costs £523.81 inc VAT! I rang the dealer to tell them about the breakdown to which they said I have to deal with warranty - I stated the warranty is not sufficient and they are required to put it right. After days of chasing them they are saying they can supply the part, should it be the alternator cheaper than I have been quoted, to which I stated they must be quoted for the wrong part as I have been quoted the same from 3 different dealers and told the same amount by all three! They said they will check and let me know - that was Tuesday evening. No word today. I am now waiting for the diagnostic report - if it is something simple and cheap I dont mind paying to get the car on the road again, but £540 + labour is too much after just 170 miles!! I just want advice on how I can approach this with the trader - they seem adamant I have to use the warranty, which I dont want to as they will not cover the whole amount. Dependant upon the outcome of the diagnostic I will be taking it back up there on Saturday morning, and demanding they fix it. Should I take a formal letter with me stating they must repair or refund me? Not sure how to tackle this one to be honest! Sorry for the long post, just wanted to get as much info out so can get the best advice possible
  24. I will keep this as brief as poss..... I bought a car through Ebay, I went to the persons house test drove the car it was fine, handed over the cash, drove down the road approx 20 miles and the car broke down, I called the seller, who came to meet me and after a long very heated and difficult conversation including calling the Police, he would not agree to give me my money back or offer a repair. I managed to get the car working again drove off only to completely brake down after approx 10 mins, I called the AA who attended and discovered that the cars engine management systems had certain codes by passed and cleared just before I picked it up, in their opinion the trader had deleted the faults in order for it to drive perfect on the test drive. The Diesel particulator filter needs replacing along with the mass air flow meter & the turbo along with the manifold cover that had been bent. The trader will not enter into any discussion about returning the car or even a refund. He tells me as I bought the car from a trader and I signed a piece of paper saying that I was buying the car with no warranty and that he had told me about all known faults ie none! there was nothing he was legally obligated to carry out. Is there any course of action I can take to get part or all the money back, can I get him to pay for the repairs..... Help needed please.
  25. Hi, first post, so go easy . To cut a long story short I bought a car from a trader. I found out afterwards it had had some crash damage. He's partially repaired it (he accidentally left receipts to that effect in the paperwork) but left about 3 grand's work of further work (that was out of sight, so I guess he thought he could get away with it) not done. Once discovered (about a week after bought the car) I called him and confronted him. He flat out refused to do anything and suggested I take him to court. I've written a letter before action and will start proceedings ASAP. What I'm hoping you can help me with is to decide what to do with the car in the meantime. I obviously bought it because I needed it, but I've not been able to use it since we discovered the problems (the garage we took it to said it was potentially dangerous) and so it's just sitting there. I don't even really want a refund as that means this toerag will take the car back and sell it to some other poor sap. What I'd like is for him to pay for the repairs. Presuming that he doesn't have a change of heart before the date on the letter before action passes, should I pay for repairs myself and ask the court to make him pay the bill, or will this potentially prejudice my case? I just don't want to be further weeks without transport if I can avoid it, but equally I don't want to shell out thousands to repair the car and have the judge either make me give back a repaired car to the dealer, or tell me to go away since I've repaired the car already. Help!
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