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    • If you are buying a used car – you need to read this survival guide.
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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DVLA unlicensed car


snailrider
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Hi,

I bought my car in July 2010 from a sales agent, it had tax on it until 31.10.2010. I renewed my tax from 01.11.2010 of course.

 

Now I got a letter from DVLA that my car was seen unlicensed on 20.08.2010. I double checked my previous tax disc in the car (I kind of keep them and just put the new disc on the top of the stack)... I realised that the previous tax disc was just a photocopy of a paper, most likely a fake one.

 

1) How can I double check that the previous tax number was valid, etc?

2) If it previous tax disc is a fake one, should I now expect multiple fines up to the time when I bought my new tax disc (which is for sure valid).

3) If it turns out to be fake one, how can I claim that back on the agent? How can I clear this with DVLA?

 

It's kind of scary to think of that from July to November the vehicle wasn't taxed although I was in the belief that it was.

 

What are my options in this case?

 

Thanks

Edited by snailrider
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Hi,

no I didn't get a reminder - I actually had to go to the post office with my insurance policy and MOT and bought one there. And now I remember, that the lady in the post office told me that she saw a gap in the tax periods. I didn't pay too much attention to it as I thought something was wrong in the computer.

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Hi,

no I didn't get a reminder - I actually had to go to the post office with my insurance policy and MOT and bought one there. And now I remember, that the lady in the post office told me that she saw a gap in the tax periods. I didn't pay too much attention to it as I thought something was wrong in the computer.

 

Under these circumstances, don't they insist on seeing the reminder?

 

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So, my initial questions still apply, see topic opener post.

 

anybody knows how the fine works? if I had a car without tax, and let's say one day I drove a full circle on M25, then am I be fined as many times as many traffic cameras I passed by? Or what should I expect now?

 

thanks

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I would suggest that since you bought the car in good faith with what you assumed was 6 months road tax you take this matter up with the seller (if you can find him) as he seems to have comitted a fraud by selling you the car with a counterfeit tax disc!

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I will give him a call but I'm sure he would deny this. I remember pretty clearly I asked him about the tax when I bought the vehicle. But if it ends up in court it will be his word against mine. What are the chances to win such a trial? I guess these cunning sharks can pay the best lawyers.

 

The current system of car trading is just so much prone to fraud. And the problem is that even after that the victim is the one who is getting kicked by DVLA with fines etc... I will call DVLA if they can offer a solution to this issue.

Edited by snailrider
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The DVLA will have a record of when the old tax disk was surrendered for a refund and by whom. Refunds can only be claimed by the current or previous RK as shown on the V5. As what appears in your windscreen is a true photocopy of the original disk, then this copy must also have been made by whoever surrended the disk before doing so. I would therefore refer this to the DVLA fraud division and maintain you are an innocent victim of this fraud.

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  • 1 month later...

call the enforcement office and try not to lose your rag...

 

point youve got in your favour are...

 

  • you purchased the car in good faith
  • once you respond (in writing) to the enforcement office they can order a micro film of who applied for the refund on the tax disc. once they see it wasnt you it would be unlikely that they would pursue the case.

when your on the phone to them state that as a registered keeper you, of course, checked it had a tax disc before driving your purchase away, but it being a copy of a disc it fooled you, i mean, it did didnt it?

offer to pay the back duty. They can make you pay it as its a volentary process, but it makes your case stronger for a closure.

 

in terms of what happens next, you could (worst case senario) end up with a penalty for it being seen on the road without tax for every day of every month it was un-lic and have to go through the same process with every enforcement office that sends you a penalty.

best case, you were just spotted the once and with a fairly painless phone call and the price of a stamp, all will be well again.

 

i wouldnt try to contact the dealer who sold you the car, might be a hornets nest if there happy to sell a car with fake tax on.

 

if you havent got a v5c logbook yet, get one by competing a V62 (download at the dvla website), then youre all legal and should get reminders from then on.

 

chin up

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