Jump to content


  • Tweets

  • Posts

    • Thank goodness it's not your roof and you get to foot the bill! How big are these bits of mortar? How often are they falling into your garden? Hourly, daily? Just go ahead with your plans, of course, they're not going to be worried by your time pressures and the urgency of the situation, so simply carry on as you would have done and I'm sure everything will go fine. Unless there is a danger to life and serious structural issues which mean you cannot venture into your garden, then IMHO there is little more you can do less for what you have done so already and made them aware of the issue.
    • Hi all!   Thank you in advance for any help you can give me!!    I parked up (at 18:08) in a rush, entered my Reg and paid for an hour of parking. At 18:20 I got a ticket for not paying for parking.    I've just looked at my receipt and noticed why ... I put "22" instead of "21"  when i put in my Reg. yes... what a stupid mistake.    I seem to remember there being a court case or a rule change about entering the wrong reg but the company wasn't at a loss because i had paid for the parking just technically for the wrong car. Am i making that up?    Any advice would be gratefully received, even some key points i have to hit when doing the appeal      
    • You haven't returned to the thread to give us your views, but a couple of other things strike me which you should consider: 1. You say that at no time was your father's licence revoked by the DVLA. It didn't have to be revoked. It expired in September and his "entitlement to drive" (of which the licence provides proof) expired along with it. He could only continue driving whilst his application was being processed by virtue of s88, and it seems clear to me (based on what you have said) that he was not able to take advantage of the benefits provided by that section. 2. The letter he received threatening to revoke his licence was probably a template letter sent when any medical issues are brought to the attention of the DVLA. But it is clear that beyond September until it was eventually renewed, your father had no valid licence to be revoked. I believe a "not guilty" plea in court will fail. The basic facts are that your father's licence expired in September, it was not renewed until February because the DVLA were looking into his medical declaration and he could not take advantage of s88. So in December he had no licence and no entitlement to drive under s88. The facts that he believed he was fit to drive and that his licence was eventually renewed may mitigate the offence but they do not provide a defence. I also asked whether he had received a summons (very unusual these days) or whether he had received a "Single Justice Procedure Notice". The way to proceed from here differs slightly depending on what he has received so if you let me know, I'll advise further.  
    • Well, what I've read from various sources suggest if a CCJ is 6 years old that if becomes pretty much ineffective for enforcement purposes in its original form.  And that if it's about to expire then the claimant needs to apply to the court to extend the original CCJ within the final year.  Even if they do apply for an extension within the 6 years they have to have a very strong argument for doing so such as the person being out of the country or could not be traced, basically show they were actively still perusing the debt I guess. Now if a claimant ever does apply within the 6 years to extend the CCJ, would the person named on if be notified by the court that such an application has been made?.  In my case I've heard nothing from the court so assume no such application has been made.  The original CCJ in my own case is now a year beyond the 6 years of issue so must now make things even less likely again. So whilst the CCJ exists that they have not enforced it in that time must surely make it unlikely they can now take it back to court because as said it would be very rare for a judge to agree to such action now. That said, I guess they now can't use the CCJ to continue with any action for an attachment order to our mortgage either?
    • Donald Trump now banned from countries including Canada and UK as convicted felon WWW.INDEPENDENT.CO.UK There are 37 countries that bar felons from entering, even to visit.  
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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
        • Like
  • Recommended Topics

Just boutht a car, problems


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4771 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

4 days ago bought a car from trader, 200 miles away from where I live. On my way back I heard some knocking noise coming from front, nothing disturbing. Next day I checked MOT history online and turns out this car failed MOT in March with long list of things. This trader runs his own MOT garage as well, so he gave it new MOT in April, signed himself. I took car to local garage yesterday and they checked it - list is even longer, lot of things need to be repaired totalling £300 and there is no way this car would have passed MOT, basically is fraudulent MOT.

 

I`ve got quote for repairs and willing to contact seller. Problem is - he will be willing to repair it in his garage(I hope so), but its 200 miles away. Its lost days/two wages +travelling costs.

 

Where do I stand? Can I get him to appoint me to any local garage where I live by his choice?

 

Thanks :)

Link to post
Share on other sites

You need to give the garage an opportunity to sort this,and make sure that you have some proof of the response,either retaining any recordings of telephone conversations,or putting things in writing.

Selling a vehicle in an unroadworthy or dangerous condition is a criminal offence,and Trading Standards are usually interested in taking up such complaints if they are done quickly.

From what you say,this trader does need reporting,if only to prevent him from continuing to do business in this way.

As you have already got an estimate to carry out the work,you should be contacting the seller and getting their proposals.

Once you have done that,you will be in more of a position to get things moving.

I take it you dont want to return the vehicle ?

If so you could demand any associated costs/expenses or else sue them for those.

Should the trader not be showing any interest to sort this,then you do need to contact your TS and in fact the TS in the traders home area.

You could just get the repairs done and sue the trader for the costs,but you would need to have some firm evidence in support.

I suggest getting a written expert report,and if possible taking photographs.

Keep us posted.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

Link to post
Share on other sites

I`m willing to give him opportunity to fix it, but 200 miles isn`t 20. That will be 4.5 hrs to garage, overnight stay(or 2?), 4.5hrs from garage, two days lost wages. I cannot afford it. Does that mean I`m stuck do to it myself?

 

My first idea was reporting him to VOSA, but then he might go "Well, you reported me already, so I won`t fix anything, no point". I want to keep a car as I really like it, it took me 2 months to find it.

 

I had similar case, law has ZERO power, its useless, it doesn`t work. I bought car, it died in two weeks, trader didn`t bother replying, I sued, he didn`t turn up to hearing, I won, got CCJ, transferred to High Court Enforcement, they went around trader, ups, sorry A1 XXXXX XXXX isn`t here any more, we are A6 XXXX XXXX company, bye. Just by changing one digit in company name, nothing can be done to them. As for expenses recovery via court, waste of time.

 

I have lost £140 in court fees, time off work, £60 to send around bailiffs +£60 for non recovery paid to bailiffs.

 

Well, can`t afford to go same route this time.

Edited by Depo
Link to post
Share on other sites

Sorry Martin, got to diss-agree with you here. From the OP's account the car has been miss-sold so he should reject it and demand a refund asap. It sounds too dodgy to me to advise otherwise. I certainly would'nt be comfortable in this 'trader' carrying out the repairs himeslf.

 

Please Note

 

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

 

Link to post
Share on other sites

I`m willing to give him opportunity to fix it, but 200 miles isn`t 20. That will be 4.5 hrs to garage, overnight stay(or 2?), 4.5hrs from garage, two days lost wages. I cannot afford it. Does that mean I`m stuck do to it myself?

 

My first idea was reporting him to VOSA, but then he might go "Well, you reported me already, so I won`t fix anything, no point". I want to keep a car as I really like it, it took me 2 months to find it.

 

I had similar case, law has ZERO power, its useless, it doesn`t work. I bought car, it died in two weeks, trader didn`t bother replying, I sued, he didn`t turn up to hearing, I won, got CCJ, transferred to High Court Enforcement, they went around trader, ups, sorry A1 XXXXX XXXX isn`t here any more, we are A6 XXXX XXXX company, bye. Just by changing one digit in company name, nothing can be done to them. As for expenses recovery via court, waste of time.

 

I have lost £140 in court fees, time off work, £60 to send around bailiffs +£60 for non recovery paid to bailiffs.

 

Well, can`t afford to go same route this time.

 

With respect, I would of thought you would of been a tad more careful then.

 

From your account, I would advise to reject it and walk away. How can you have any confidence in the car knowing it has a list of MOT failure faults? Ask yourself, why would someone hide these faults and give it an MOT with them instead of making the car properly roadworthy? I suppose you could get a qualified inspection carried out to see exactly what needs to be done and at what cost, but i doubt whethere the trader will pay someone else to fix it properly otherwise he would of done this before selling it.

 

Reject it is my advice.

 

Please Note

 

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

 

Link to post
Share on other sites

I already put road tax on it and bought insurance so I can drive it. I`ll loose that if I reject it. :(

 

Personally I think you will loose a lot more if you don't but its your call. Road tax can be mostly re-claimed and insurance can be transfered to another car. It would'nt be so bad if the trader wasn't 200 miles away because I see you having to make this trip more times in the furture as my guess is that you will continue to have problems unless a qualified inspection shows otherwise.

 

Please Note

 

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

 

Link to post
Share on other sites

SS from the outset I agree 100% with what you are saying.

My take on it was based on the OP wanting to just get the jobs done and keep the car (thats how I was reading it)

If it were me I would be demanding my money back right away.

The fact that its 200 miles away is not a factor that should prevent action.

Clearly the OP has recourse under his rights-thats not in dispute.

I would also seeking to recover any costs incurred if I was intent on keeping the car.

So yes-reject it now and get the money back and report it,or else make it clear that you want the repairs done and any associated expenses included.

I suspect that the trader may well want this sorted quickly due to the implications.

On the other hand,he will be unaware that the op has the benefit of support from the CAG-which he ignores at his peril.!!

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

Link to post
Share on other sites

Depo-forgot to ask also-how was payment made for the car ?

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

Link to post
Share on other sites

I`ll give him a call today and see what he says, mentioning that I will be passing this case to VOSA & Trading Standards if he doesn`t agree on repair in garage within 10 miles where I live.

Link to post
Share on other sites

Ok.

Up to you then.

Obviously next move is for you to inform the trader of your concerns-but more importantly your targets for sorting this.

I understand what you say about your past experiences-this does happen,and theres not a lot can be done if the trader is hell bent on avoiding any recourse.

But faced with action from TS its certainly far less easier for them to simply set up again-we are talking criminal prosecutions.

We have had a few cases reported on CAG too-in one instance the trader after becoming aware that his activities were showing on a google search found it very difficult to continue.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

Link to post
Share on other sites

As far as i know, if the OP agrees/wants the vehicle repaired then then SOGA provides the seller the right to attempt that. The seller dosn't necessarily have to agree for another garage to carry out the repairs. A court would say that it is not the seller's fault that the buyer lives 200 miles away.

 

Please Note

 

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

 

Link to post
Share on other sites

Don't forget that a garage may charge you for an inspection and I would suggest you take it to an approved garage, maybe a main dealer of what ever make the car is.

 

Do keep us posted.

 

Please Note

 

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

 

Link to post
Share on other sites

Phoned VOSA, "Because its been more than 28 days since MOT, we cannot do anything about this MOT".

 

This system is made for abuse and car sellers/MOT garages know all loopholes.

Link to post
Share on other sites

Don't forget that a garage may charge you for an inspection and I would suggest you take it to an approved garage, maybe a main dealer of what ever make the car is.

Do keep us posted.

 

Are you joking? :) Main dealer will charge arm and leg for such inspection :( £100 per hour minimum. I`m thinking KwikFit - I got one locally. They should be able to produce detailed inspection report.

Link to post
Share on other sites

Not sure I would be going to Kwikfit-based on what we see posted on here.

What about AA ?

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

Link to post
Share on other sites

Not sure I would be going to Kwikfit-based on what we see posted on here.

What about AA ?

 

They are known, big brand, government approved - why not?

I`ve got RAC. How much they would charge to come and inspect my car?

Link to post
Share on other sites

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

Link to post
Share on other sites

Maybe worth a call to TS in the traders home area-see if he is known to them ?

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

Link to post
Share on other sites

We have some good tools on the site team.

If you could send us info via the report icon (black triangle) we may be able to turn something up.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

Link to post
Share on other sites

Depo, what ever you do is going to cost you money to resolve this in my opinion. And personally I think you will end up having to take the seller to court in anyevent which will again cost you more money initially (as you already know because you have been there before). As Martin has said, we have heard some negative things about certian 'well know' motoring centres which specializes in tyres and exhausts at least a main dealer is more like to know what they are talking about. This is why you may as well take the less complicated option of rejecting the car but you would need to do that now. At least you won't have the hassle of getting it inspected and repaired. Not sure what else to advise to be honest.

 

Please Note

 

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

 

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...