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    • Speaking of the reformatory boys, here they are with all of their supporters, some of whom traveled with them from miles away, all carefully crammed together and photographed to look like there were more than about 80 .. rather like Farages last rally with even fewer people crammed around what looked like an ice cream van or mobile tea bar ... Although a number in the crowd apparently thought they were at a vintage car rally as they appeared to be chanting 'crank-her'. A vintage Bentley must be out of view.   Is this all there is? Its less than the Tory candidate. - shut up and smile while they get a camera angle that looks better
    • in order for us to help you we require the following information:- Which Court have you received the claim from ? Canterbury If possible please scan redact and upload a full page copy of page 1 of the claim form. ( Name of the Claimant ? Moneybarn No 1   How many defendant's  joint or self ? One Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 29/05/24 Acknowledged by 14/06/24  Defence by 29/06/24  Particulars of Claim PARTICULARS OF CLAIM   1.  By a Conditional Sale Agreement in writing made on 25th August 2022. Between the Claimant and Defendant, the Claimant let to the Defendant on Conditional Sale. A Ford Ranger 3.2 TDCi (200 P S) 4x4 Wildtrack  Double Cab Pickup 3200cc (Sep.2015) Registration No, ******* Chassis number ***************** (“The Vehicle”).  A copy of the agreement is attached   2.  The price of the goods was £15,995.00.  The Initial Rental was £8500.00.  The total charge for credit was £3575.;17 And the balance of £11,070.17 was payable by 59 equal consecutive monthly instalments of £187 63. payable on the 25th of each month.   3.  The following were expressed conditions of the set agreement,   Clause 8: Our Right to End this Agreement  8.1   Subject to sending you the notice as required by law, any of the following events will entitle us to end this Agreement: 8.1.2  You fail to pay the advance payment (if any) or any of the payments as specified on the front page of this agreement or any other sum payable under this Agreement. 8.1.3 If any of the information you have given us before entering into this Agreement or during the term of this Agreement was false 8.1.4 We consider, acting reasonably, that the goods may be in jeopardy or that our rights in the goods may otherwise be prejudiced. 8.1.5 If you die 8.1.6 If a bankruptcy petition is presented against you; if you petition for your own bankruptcy, or make a live arrangement with your creditors or call a meeting of them. 8. 1.7 If in Scotland, you become insolvent or sequestration or a receiver, judicial factor or trustee to be appointed over any of your estate, or effects or suffer an arrestment, charge attachment or other diligence to be issued or levied on any of your estate or effects or suffer any exercise, or threatened exercise of landlords hype hypothec 8.1.8 If you are a partnership, you are dissolved 8.1.9 If the goods are destroyed, lost, stolen and/or treated by the insurer as a total loss in response to an insurance claim. 8.1.10 If we reasonably believe any payment made to us in respect of this Agreement is a proceed of crime. 8.1.11 If steps are taken by us to terminate any other agreement which you have entered into with us.   Clause 9.  Effect of Us Terminating Agreement   9.1 If this Agreement terminates under clause 8 the following will apply 9.1.1 Subject to the rights given to you by law, you will no longer be entitled to possession of the goods and must return them to us to an address as we may reasonably specify, (removing or commencing the removal of any cherished plates) together with a V5 registration certificate, both sets of keys and a service record book. If you are unable or unwilling to return the goods to us then we shall collect the goods and we'll charge you in accordance with clause 10.3 9.1.2 We will be entitled to immediate payment from you for all payments and all other sums do under this agreement at the date of termination 9.1.3 We will sell the goods or public sale at the earliest opportunity once the goods are in a reasonable condition which includes a return of the items listed in clause 7.1.4 9.1.4 We will be entitled to immediate payment from you of the rest of the Total Amount Payable under this agreement less: ( a) A rebate for early settlement ias required by law which will be calculated and notified to you at the time of payment (b) The proceeds of sale of the goods (if any) after deduction of all costs associated with finding you and/or the goods, recovery, refurbishment and repair. Insurance, storage, sale, agents fees, cherished plate removal, replacement keys, costs associated with obtaining service history for the goods and in relation to obtaining a duplicate V5 registration certificate   4, The following are particulars required by Civil Procedure Rules. Rule 7.9 as set out in 7.1 and 7.2 of the associated Practice Direction entitled Hire Purchase Claims:-   a)     The agreement is dated 25 August 2022. And is between Moneybarn No1 Limited  and xxxxxxxxx under agreement number 756050. b)    The claimant was one of the original parties to the agreement. c)    The agreement is regulated under the Consumer Credit Act 1974. d)    The goods claimed Ford Ranger 3.2 TDCi ( 200 PS) 4x4 Wildtrack Double Cab Pickup 3200 cc (Sep2015} Registration No ^^^^^^^ Chassis number ***************** e)     Thw total price of the goods £19570 f)     The paid up sum £1206 5 g)    The unpaid balance of the total price £7505 (to include charges) h)    A default notice was sent to the defendant on 20th February 2024 by Firrst class post i)      The date when the right to demand delivery of the goods accrued 14 March 2024 j)      The amount if any claimed as an alternative to delivery of the goods 7505 22 include charges ]= 5.  A the date of service of the notice the instalments were £562.89 in arrears. 6. By reason of the Termination of the Agreement by the notice, defendant became liable to pay the sum of £7502 7. The date of maturity the agreement is 24th August 2027. 8. Further or  alternative by reasons of  the Defendant breaches of the agreement by failing to pay the said instalments, the Defendant evinced an intention no longer to be bound by the Agreement and repudiated it by the said Notice the claimant accepted that repudiation 9. By reason of such repudiation the claimant has suffered loss and damage.   Total amount payable £19570 Less sum paid or in arrears by the date of repudiation £12064 97 Balance £7505 (to include charges.) ( The claimant will give credit if necessary for the value of the vehicle if recovered.)  The claimant therefore claims 1.    An order for delivery up of the vehicle 2.    The MoneyClaim to be adjourned generally with liberty to restore,  Upon restoration of the MoneyClaim following return or loss of the vehicle. the Claimant will ensure the pre action protocol for debt claims is followed. 3.    Pursuant to s 90 (1)  of the Consumer Credit Act 1974. An order that the Claimant and/or its agents may enter any premises in which the vehicle is situated in order to recover the vehicle should it not be returned by the Defendant 4.    further or alternatively damages 5.    costs.   Statement of truth The Claimant believes that the facts stated in these Particulars of Claim are true. The Claimant understands that the proceedings for contempt of court may be brought against anyone who makes or causes to be made a false statement in the document for verified by statement of truth without an honest belief in its truth. I am duly Authorised by the Claimant to sign these Particulars of Claim signed Dated 17th of April 2024   What is the total value of the claim? 7502   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Never heard of this   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? n/a Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? No   When did you enter into the original agreement before or after April 2007 ? After  Do you recall how you entered into the agreement...On line /In branch/By post ? In a garage  Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes  Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Original Were you aware the account had been assigned – did you receive a Notice of Assignment? n/a   Did you receive a Default Notice from the original creditor? They said sent but nor received   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? None seen   Why did you cease payments? Still Paying,   What was the date of your last payment? Yesterday  31st May 2024   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes on 12 Feb 2024   What you need to do now.   Can't scan, will do via another means as you cant have jpg
    • Now that is an interesting article which adds afew perspective that I hadn't thought significant - but on reflection of the perspectives offered ... Now Starmer is no Blair, however 'blairite he may be perceived, but the Tories aren't tories and aren't even remotely liberal   The fast 'unannounced and unexpected election call from sunack may well be explained by the opinion linked that he hoped reform would be unprepared and effectively call a chunk of Farages largely empty bluster - making him look even more of a prat, leave scope for attacks on shabby reform candidates and mimimise core vote losses to reform - while throwing the 'middle ground' (relative) tories TO THE DOGS - and with the added bonus of likely pacifying his missu' desire to jogg off to sunny cal tout suite somewhat   thumb in the air - I expect about 140ish tory seats, but can hope for under a hundred Reform - got to admit the outside possibility of 1, maybe 2 seats with about 8% of the vote - but unlikely. I think projections of over 10% of the vote for reform is nudged and paid for speculation - but possible with the expected massive drives from Russian, Chinese and far right social media bot and troll prods targeting the gullible.
    • Commentary June 2024 WWW.ELECTORALCALCULUS.CO.UK Interesting article about just how bad it could be for the Tories.  Also Tories could be hoping on Reform not having candidates in many seats, as they were not ready.  
    • Even a Piers Morgan is an improvement and a gutless Farage Piers Morgan calls for second Brexit referendum WWW.THELONDONECONOMIC.COM Piers Morgan and Nigel Farage have faced off over Brexit and a second referendum in a heated reunion on BBC Question Time.   “Why don’t we have another referendum about Brexit?” he questioned. “I seem to remember when 2016 came around we were told there was going to be control of our borders and it was going to be economically beneficial to this country. And eight years later we have lost complete control of our borders… and economically it seems to have been a wilful act of self-harm.”   ... Piers missed off : after all somebody said a 48/52 decision would be "unfinished business" by a long way - was that person just bul lying (again)  
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      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.

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Clutch gone within a month of buying car.


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Hi.

I brought a peugeot 407 diesel 2005 plate a month ago, traded my dearly beloved merc A class in.

The local garage gave me a £300 3 month warrenty with it.

First week of having the car we took it out for a 250 mile round trip to see how it drove, Great we thought until the computer shows that a partical fuel additive needed topping up. I took it back with a list of things that we had found wrong with the car but the main one being the fuel additive. He said well the car that you part exchanged with, the gear box had gone on it he did'nt seem all that concerned about my car, and said that he would have a word with his macanic. I did'nt hear anything from him. There was a noise coming from the front passengers wheel but i thought it was because i had reciently had the front and back brakes replaced. So i booked it into peugeot to have the additive topped up which cost me £249.00. The same week after having that done on it i was on my way to work when the car did'nt have no go in it, and the revs went up to 4 and smoke started to bellowing out of the engine, so i rang the fire service up. I rang peugeot up and they said that it was the clutch that had gone and it would be £900 and if the wheel thingy??? had gone too an extra £400 ontop. What is my rights and what should i do please please advise.

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Guest nez69

DPF fuel additive should be done on the vehicle service, not mant independants will fork out for the equipment as it is not cheap.

 

The fluid itself is not too exspensive though and would enquire what they did for your £250 hard earned.

 

The sale of Good Act is on your side and the vehicle should be fit for purpose and last for a reasonable time.

 

The clutch is a wear and tear item, were there any signs of it slipping or being worn before it went?

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No no signs of it slipping only what happened to it that day. Rang the trader he said that it is the clutch slipping when he tried it, then his machanic took it out and said it wasn't

and that it was the master cylinder gone on it. He said that that is not covered by the warrenty i said you have sold me a car that is not fit for the purpose i want it fixing.

He told me that he would order the masrter cylinder and get the job done 3 day later he phoned me and said that nothing is wrong with the car and that he is not fitting the master cylinder and for me to have a full refund and my old car back. I DON'T WANT THAT I WANT THE PEUGEOT. What can i do.

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  • 4 weeks later...

I'm interested how peugeot managed to give this confident diagnosis over the phone without seeing the car. Once you started getting all this work you claim done at another garage you pretty much voided your warranty.

 

Wear and tear items in most cases are not covered by warranty. The car just needed to be fit for purpose at the time of sale. With 130k on the clock you have to accept things will be wearing out.

 

Incidentally if you traded your old car in with a known major fault, I'm not surprised the dealer didn't want to know. It is a 2 way street and if he is like most dealers he probably asked when valuing your car, 'are there any problems with it' If you replied no then he could well chase you for the cost of the buggered gearbox you dropped on him.

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Dennis, I am fairly clued up regarding the law on used car sales. It is what I do for a living. Most traders when valuing will use a vehicle appraisal sheet detailing condition of bodywork, miles, interior, mechanicals, hpi status etc. The customer will then sign to say the information given is true. If it isn't true the trader could quite legally pursue for the difference between the value of it as described and the value as a non runner. Most wont do this but shove it into the auctions. But if the customer then comes back wanting warranty work on their new purchase, they can expect little recourse.

 

Many bigger garages now ask you to bring your trade in a couple of days prior to collecting your new one for a mechanical inspection. Contrary to common belief , most garages work on extremely tight margins now. They don't have the money to get shafted with your rubbish.

 

If the OP does decide to take it further, the trader will say 'but I offered her money and old car back' This means the OP was not left out of pocket. The reason, I'm willing to bet, she doesn't want her old car back, is she knew the gearbox was fubar.

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I was a car dealer for many years and also know what I am talking about. The car dealer is an expert on cars, the general public are not. The car dealar has a legal obligation to know the condition fo the cars they are selling, the public do not. The dealer could use any form they like and ask whatever they like also. But is the dealers resposibity to appraise any car being part exchanged by way of visual examination and if they choose to confirm mechanicals work correctly, they only have to drive it to see. That is what we did and oddly enough, never got stung with dodgy gearboxes.

 

I do however agree with you that the dealer has offered to take the car back and return the part exchanged heap, thus there is no further recourse for the OP. On that you are 100% correct.

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Hi Jeepstar and Dragons Dennis,

I'm sorry to interject on your topic, i would view that lisa1960 has a valid claim with regards to purchasing a vehicle fit for purpose, if the garage owner did or didn't know wether the clutch was going he should have said so at point of sale, if he was trusting his mechanic who said it was the master cylinder, he should have listened. We are going into the realms of should this vehicle be on the road in an unfit manner??

I'm sorry to say but i have yet to see a poor car salesman, yes Jeepstar you may be an exception to the rule, but i have seen salesman gleeming at the thought of a women walking in to a salesroom and taking advantage, just for arguements sake how much did he offer lisa1960?? how much did he put her vehicle up for sale on his forecourt?? was this with what he did to the vehicle or was some unsurspecting punter going to come along to buy it.

I do apologise for this but we should look at what lisa1960 has paid for, is it fit for purpose 400 miles in 5 weeks, clutch gone, the vehicle is an 05 peugeot 407 diesel, with 113,795 miles, average mileage is estimated at 10,000 miles a year, this vehicle has done 20,000 over a year, was she informed of the service history, how many owners, did her vehicle have a service history, is she the only owner. As Mr Clarkson say's buyer beware.

 

I am sorry for going on.

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I totally agree many in the motor trade take advantage of women. While looking for a new van for my partners business she got quoted a price £4k more than we got offered when I walked in with her.

 

Mileage for a diesel large saloon is average of 12k a year making it 72k average.

 

Believe me popeye. Most of us are nowhere near as wealthy as the public like to believe. In the year before scrappage scheme. Garages were shutting at an unbelievable rate. Traders sitting with stock were watching cars on the forecourt drop by 7-10% month on month. Most were struggling to break even on cars.

 

What does make me laugh in this case is the fact the OP traded in a faulty car, got offered it and her money back and still was complaining.

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Oh Lordy, what is going to get some of you to understand that a failure on a car sold from a dealer is their liability that regresses the longer the owner has had it irrespective of the mileage. In the initial stages of ownership the responsibility lies with the dealer. The dealer should check for issues such as this prior to sale and rectify accordingly.

 

Tough world the motor trade isn't it but you can't expect to sell crap and get away with it anymore. The OP would also have a very valid claim against the dealer for the DPF treatment as well as this suggests a cover up.

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Hi Jeepstar,

Maybe we need to take this to another site or forum, as you say you your partner got offered 4k more, i would be asking why the difference??

I believe people are been misled in this thing with DIESEL'S doneing twice round the world thing.

Cheap servicing, you still have engine management systems.

I'll agree that it depends in which part of the country you live, i live in MANCHESTER, i've two auction sites, in BELLE VUE, ADT, STOODLEYS, both do van auctions, but it depends on what you want. Some people want a brand new car for nothing. If you said it is free they would still expect you to tax and insure the vehicle for them. Just watch TOP GEAR in America.

Going back to the post i would have kept the MERC, spent the money to put it right, some off us are not so savvy.

No disrespect but with your views to waiting to sell a car, you must take what is on offer, i.e. i traded a granada cosworth in for the car i have now, beleive me i didn't want to trade it in, but needs must the company i sold it to in part ex, must be laughing.

Even with the scrappage allowence, don't dispute people took advantage with this, but dealers knew what was going to happen so compenstated for.

With all the new technoligy thats out for new cars, even as a hobby, i've had to invest money in the repair of my own cars and bikes, computer hand held diagnoiscs.

It would appear that we are going to disagree even if we agree. Hope you find what your looking for.

Hope lisa1960 gets what she is looking for from the trader or the small claims court if that's what she wants.

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Jeepstar, ref your post 11. Don't know where your located but your figures for depreciation don't apply here. New car sales are up and a large Scottish retailer is expanding at a terrific rate even with reduced profits from the scrappage days. His price for used cars is actually increasing on stock held by him for a year----only the very wealthy can hold stock for that time.

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Scania the quotes I give are for 2-3 years ago. Most of us up here in Scotland are doing ok but margins are well down. Really depend on the trade in to turn a profit.

As you say the stock prices are actually rising. Just begining to level out a bit last couple of months. Finding clean merchantable stock is a problem unless you pay strong money.

 

Apologies popeye wrote that wrong. She went in with no trade in and got quoted £11k to buy a new van, I went with her and got that same brand new van for just over £7k. That wasn't using trade sales or anything full retail.

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Jeepstar, Ref your post 15. I think you may have mis understood my post14 in regards rising prices of stock. I was talking about old stock rising in price. Do you mean that dealers are not affected by depreciation just like the rest of us?? The large dealer i refered to, has increased the price of long held stock which were not undervalued in the past. Their web prices SEEM to be set to attract the public who have just started looking for a car---they won't have checked the website as frequently as i do, over such a long period.!!!!! In some cases, the same, or VERY similar cars are advertised at different prices on separate parts of the site!!!!!!! In other cases the same cars are advertised at the same price as at 3/4 2010????Since you are in the trade perhaps you could tell us why it seems to be a pre-requisit that car salesmen are nearly all completely nonchalant, and in many cases arrogant, ESPECIALLY when talking to "Knowledgeable" prospective customers.In my experience, considering the large amount of cash involved in vehicle purchase, the Product knowledge of many car salesmen, even at main dealers, is abysmal---therefore that is why many of us are calling for Regulations be imposed upon those involved in car sales.

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Scania, partly due to scrappage schemes and a decrease in the regularity of fleet managers of large companies changing their cars. The price of desirable used cars has risen pretty much month on month for the last 2 years. Personally I dont subrcribe to some of the valuations currently given in the trade price guides. I personally try to buy right and turn a car over at a small margin. To give an example of current valuations. A mid range petrol clio is worth £100 more today trade & retail than it was in August last year. Thats according to the current and oldest cap black books I have.

 

Sadly the main dealers are not training their staff in the product they are selling, they are trained to sell warranties and finance. My tip when looking for a car is to find an independant garage you trust and ask them to source a vehicle for you.

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Thanks for that Jeepstar---question on car salesmen not quite what i had expected.!! You mentioned having to pay" strong" money to obtain decent cars for resale. Over the last two weeks i have advertised a three year old diesel car, 25,000mls, 11mths ticket. This is the first time in my life that i have received absolutely no replies--not even tyre kickers. Some months ago, the biggest rouge in the Scottish car trade offered me £5.500 as a trade in against an obselete new (pre reg) car. Today, i was offered £6000+ for the same car against a used car, but from a main agent in Glouster. Prices in England were traditionally lower than in Scotland, but it would appear that the trend may be shifting.As far as trade in prices are concerned, a main dealer recently informed me that the price offered was to a great extent determined by the banks, as it would be the amount they would be prepared to finance----very serious state of affairs methinks.How did we get here from a faulty clutch??????LOL

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