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    • Hi,  I'm new here, and hoping that this is the right place to post this.   I applied for pip and was awarded standard mobility (10 points).  I did an M.R. but got the same result. They acknowledge that I can't leave my house without having someone with me. They accept that I'm not completely housebound as I go out to appointments, which are not a regular occurrence, they also said that they can't award me enhanced because I'm not out most days.  Is this correct?  Surely it shouldn't matter how often I go out? 
    • The Legal Ombudsman has a wider remit than the SRA, and can always refer matters on to the SRA where they find a breach of the SRA's code.   I'd suggest writing to the solicitors, highlighting these issues, asking them to refund the money. If they don't then complain to the LO.
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    • Sorry, but what does this mean?   Who are ARC? It would be helpful if you could be a little bit more clear about what happened. I don't understand why you are not simply proceeding against Amazon – because it is clearly their responsibility as it was their driver or courier company
    • I understand that you were involved in a contentious divorce in respect of which there was a bill for court costs – £850. You decided to challenge the costs in court and you lost and an order was made against you. We decided to appeal the order but before the appeal was heard, the solicitors made you a without prejudice offer of a 50-50 split – £425. You agree to this and you signed the document to that effect which you returned to the solicitors. Despite that the solicitors are now trying to impose the original £850 order. Is that the correct order of events? "Without prejudice" is certainly something that doesn't seem to be very well understood, including by solicitors. "Without prejudice" can protect an offer from being disclosed to the court where the offer has been refused so that it is not binding on anyone. However, without prejudice cannot be used to hide everything from the court – including wrongdoings, unethical behaviour et cetera. It seems to me that once you sign the agreement you effectively had a contract. I'd like to know a little bit more about the agreement that you signed but presumably it was intended to bring a halt to any further proceedings. I don't think there is any difficulty about disclosing a contract to the court in the circumstances. It is only the offer which was made without prejudice. Once the agreement was accepted and signed then the document acquired a wholly different character. It was no longer an offer open to be accepted or refused. It was a legally binding contract which imposed obligations upon both sides. In my view the solicitors have acted in a highly unethical way and I would begin by making a complaint to the SRA. I wonder whether the solicitors proposed the 50-50 split to you without consulting with their client and when they then contacted their client and told her what had been agreed, she refused to accept it and on that basis the solicitors recognised that they had made an error but rather than accept their responsibility and footing the £425 out of their own pockets, they preferred to get it from you. Of course this is just speculation but it seems to me to be quite a possible scenario. I'd like to see the agreement post up here please – that my sense is that you should complain to the SRA and you should tell the solicitors that this is what you're doing.
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Bimmer_boi

Misrepresentation from CarShop?

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I bought a car at the beginning of this month, telling the salesman that I wanted a specific car that had one owner and a full service history. He came back and actually said to me "I've found the perfect car for you" I should have realised this wasn't true.

 

Firstly, the car had been MOT'd less than a month ago, yet within 1500 miles, the replace brakepads message has come up. Secondly the handbrake doesn't engage until its almost at the top of its limit. Quite how this passed an MOT is beyond me.

 

Next I find out that the car has had three previous owners:-x

 

I phone them up and apart from having to travel 40 miles to their own workshop to have the brakepads and sensors replaced, they have fobbed me off with the following letter:

 

Further to our telephone conversation of ***** regarding the previous keepers of the vehicle that you have purchased, I have investigated your concern and it would appear that a genuine administrative error has been made.

 

We had received the vehicle into stock without all relevant documentation and were waiting to receive these so that we could update our computer system. On receiving the log book into stock, you had already made your purchase and the file holding the details was passed to your business manager without updating.

 

I can assure you that this difference would not have had any affect on the price that you paid for the vehicle.

 

blah blah.

 

Now, I haven't mentioned the price would have been different, they have admitted they haven't sold me the car I wanted and now I have a car that I will have trouble selling in the future.

 

They fixed the brakepads, but not the handbrake and I had to go to their premises to get even that.

 

Discuss the legalities please. What would you do?

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A HPI Check would have shown the owners and the log book definately. You failed to check these before parting with your cash?

 

The good thing about this, is that the letter you have is a legal document admitting that the garage has made a mistake.

 

An MOT would have highlighted the brakes on an advisory sheet, they wouldn't have replaced them or failed it, if they were legal and working. The sales chap probably just gave you the certificate. If the car was roadworthy when it was MoT'd then thats that. Same for the handbrake.

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An admin error is not your problem. If you don't want the car because of the number of owners, then take it back and ask for a full refund.

 

You can go here and have a look at any Certificate and Advisory.

 

MOT Information - Introduction

 

Just pop in a couple of details, (nothing personal) and up it comes with all the past MoTs as well.

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