Jump to content


  • Tweets

  • Posts

    • so return of goods order etc etc read upload  scan pages to jpg, redact in mspaint. the convert to and merge to one mass PDF  read upload and use the online listed sites for all 3 stages. do you want to keep the car? i will guess this was a manual paper claimform direct from the co.court or was it org sent from salford bulk processing and has just got reaq ssigned?      
    • 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 Name of the Claimant ? Moneybarn No 1   How many defendant's  joint or self ? One Date of issue –  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 xxxxxx. 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)     The 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 First 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.  At 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.  
  • Recommended Topics

  • Our picks

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

Car Blown up Help...


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4444 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

2/3 weeks ago I bought a car from a trader, and the 2nd time i took it out the engine blew. The first time was the 5 hr drive home which was a steady 50/60 mph due to keep fuel costs to a minimum. The 2nd time was a 20 minute drive to a petrol station and it blew as soon as i gave it a little throttle.. This was all within 3 days of purchase

 

The seller wants nothing to do with it and heres one of his replies... I have written 2 letters, and now seeking legal action..

 

there are two sides to this story and you are giving very little of the actual truth and factual points. I do not like arguments or confrontation but nor do i like bad publicity when i simply do not deserve it, i have never been taken to court nor had any problems from Trading Standards in the eight years i have been trading as *** so i consider myself to be a decent guy.

I sold this to you under the motor trade rules which i hasten to add you willingly signed a legal document stating exactly that. The car was already reduced by £500 and then you also got another £500 by buying this way, i'm sorry but i really can't do it all and nor would any other dealer!

You will also recall that i didn't want to sell you this car as i made a zero profit on it and was in the process of actually breaking it up for parts that would have actually made me a profit. You insisted i put it back together and sell it to you which i did as requested, you were also made aware of the fact that i was no longer willing to retail sale any rotary powered car be it an RX7 or an rx8 due to the poor reliability.

You were made fully aware how you were buying this car, the document is written in extremely plain English and which a copy of which has been sent to you and one to my solictor who will be more than happy to take this all the way. I do have other key issues regarding the sale but i'll hold onto these for now, if you want to take this further then please do so, i think you'll find i've dotted the i's and crossed the t's.

 

Now i know selling as a trade sale is against the law, and im a consumer so the rights still stand. Just wanted to know what you guys think

Link to post
Share on other sites

Hi car

 

Welcome to CAG

 

Heres some info:- http://www.adviceguide.org.uk/england/consumer_e/consumer1_cars_and_other_vehicles_e/buying_second_hand_vehicles.htm

 

The guys will be happy to advise as soon as they are available.

 

Please let us know how your problem has been resolved, it could help other people.

Link to post
Share on other sites

we need to see a scan of the purchase invoice.

 

it all depends what it says on there.

 

however if what the seller states is true then he won't pay you even if you win. if you actually did decide to buy the car on trade terms ie you buy it you own it, then although its not strictly legal to do so then the dealer has indeed done all he can to sell it as is... i know as is doen't really count, but if you bought it on that basis then you should stick to it.

 

so is the seller telling the truth in his letter?

Link to post
Share on other sites

If the car blew up after a few months of useage, id still be ****ed but id take it on the chin. The fact it was the 2nd outing i feel ive been had over.

 

I paid £5k and had a quote of a rebuild for £3k approx..

 

Hes apparently sent me it in the post. I didn't know it was a motor trade rule or whatever. I believed it was a no warranty slip as that is what he said when i signed it.

 

The seller is telling the truth bar these. I think hes trying to call my bluff...

 

there are two sides to this story and you are giving very little of the actual truth and factual points. I do have other key issues regarding the sale but i'll hold onto these for now,
Link to post
Share on other sites

Hang on a sec.. did the selller actually tell you that he wanted to break the car for spares rather than sell it, and you wanted him not ot? Can you post a copy of the ad and the purchae invoice please?

Link to post
Share on other sites

was it taxed/MOT'd/ Did the seller allow you to drive it 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

Hi there,

 

I first shown interest 28th Feb, and i sent him an email on 3rd asking, would he accept 5000. He said Yes. So we both arranged a date to pick up. Sat 17th. Mainly due to work commitments.

 

4th, 6th and 7th March -Next few emails i sent weren't replied to. One asking him to leave a deposit and a few questions. I waited for a reply, and 3 days later, the ebay ad was removed and same on his site so i rang him to see what the crack was as i never had any replys from my mails.. He said he never got any response so he took the car in to get broken at his local garage..

 

I wasnt to happy to be honest as the wife and i had already booked a bank appointment to withdraw cash and already started to withdraw amounts out daily.

I did think this was abit suspicious at first as we had already booked the day to pick up if all was ok. But seeing as he was a decent guy and well known on a forum, i believed him. He said he didn't receive any of the mails and they appeared in his box with a phishing warning.

 

I told him i wasnt happy on the phone, 7th and explained why. Due to getting cash and appointment and date was booked off work to pick up. And the fact i really wanted the car. He told me to wait 3 days so he can ring to guy up who was breaking the car and see if he could put it back together. He said, wheels and bonnet were already off. Didnt understand why it would take so long, but now in the back off my mind i think it was to sort an underlying issue. ??!

 

He rang me back on the 10th saying that she back together and ready to pick up. So my next email was a Thankyou and ask how much tax and mot. There was neither for both but seeing as it was at his garage he sorted me out an MOT and 6months tax at extra cost.

 

Picked up on the 17th, 5hr drive home at 50/60mph. Garaged till 20th as i was going to take to work in the morning so went to the petrol station. The engine gave up on the way back as soon as i gave it a little bit of throttle.

 

 

 

The car isnt as described also.

I tried to post advert but cant post links??

 

 

On a better inspection on the 21st, when specialists came to pick the car up at a cost of £100 the car, i noticed the car is missing bits of interior. Alarm doesn't work, gauges dont work, Paintwork isnt as he made out to be. Fair few tatty, and broken bits of interior plastic. CD player is broken, non smokers car but ash and burn are there.

 

I think ive covered my side..

 

Any more questions?

 

 

Invoice says nothing about warranty or anything.. But he did make me sign another piece of paper, which i cant remember what it said. He never gave me a copy

 

He mentioned in the advert the car needs no money spending, nor does it need repairs.... Yea right...

Edited by Carblown
Link to post
Share on other sites

was it taxed/MOT'd/ Did the seller allow you to drive it 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.

 

I had to pay for these on top of the purchase price...

Link to post
Share on other sites

esperformance.co.uk/car_RX7-Twin-Turbo-'Type-R'--Mazda_190_0_index. php

 

 

Delete the spaces and add w w w to the beginning. Thanks

 

No documentation of rebuild, nor does it say when comp test was done. He told me hes been using it as a daily.

Link to post
Share on other sites

Ok the thing i'm trying to get at is that either the car was sold as spares and repair (which means it cannot be driven away from the seller) or not. The law is quite clear on this. If it was sold so you could drive it away, then SOGA will apply. It matters not what is written on the invoice (in fact if the invoice suggests that your statutory rights are limited by saying things like 'sold as seen', this could be illegal).

 

The seller has an obligation to rectify, it's as simple as that. Having said that, I personally wouldn't of touched it with a barge pole.

 

You need to writer a formal letter asking him to rectify the fault(s) at no expense to you under the SOGA 1979. Give him 7 days to respond and send by recorded post. If/when he refuses, you then send an LBA (letter before action) stating that you reject the car and want your money back. However, you could get it repaired your self and then peruse the seller for the cost but you must give him the opportunity to repair it first.

 

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

Well you better have a read of this then because it looks like it will end up here;

 

http://smallclaims.me.uk/index.html

 

Please Note

e

 

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

Hang on please Sam before you give this man any mislaid expectations.

 

You ARE correct that by and large if the car was driven away then the SOGA will apply.

 

But thats why I wanted to see a copy of the purchase invoice, If it has 'TRADE SALE' printed across the top, and a disclaimer where the buyer signs declaring themselves as bona fide motor traders and that the car is not sold as fit for any particular purpose then the buyer is in trouble if he has signed and bought a car on trade terms ie sold as seen AND declared that he is a motor trader AND that the car is not sold as fir for any particular purpose.

 

I only say this as a chap in the trade that I knew used to sell only to the trade but used to get the odd joe public in from time to time... they had to sign the above on a trade invoice, one of the public took him to court over broken aircon or something and the chap I know won the day.

 

It does rather depend on what he signed.... I agree that he cannot sign away his statutory rights by a typical 'sold as seen' invoice... but if the invoice states 'sold for spares / and / or repairs only' or 'i declare that i am a bona fide motor trader' then he could well be in trouble.

 

This isn't as clear cut as it seems, the OP has already said the seller was breaking it..... I really don't know here.

Link to post
Share on other sites

The seller wanted to break the car as to him it was worth more in parts as is any modded Japanese car.

 

I should soon receive a copy in the post going off his reply.. Ill let you know what it says

Link to post
Share on other sites

Its the first time I have heard of a 5K car being broken for spares!

 

Wankel engines/parts are not easy to come by, and having work done on one is likely to direct you towards a higher priced specialist.

 

What actually happened to the engine?

Link to post
Share on other sites

The car is in the hands of a rotary specialist.

 

The front rotor has lost all compression. It was too low it wouldn't take readings. Plus the rear was different than what I was told. That's all I know..

Link to post
Share on other sites

Hang on please Sam before you give this man any mislaid expectations.

 

You ARE correct that by and large if the car was driven away then the SOGA will apply.

 

But thats why I wanted to see a copy of the purchase invoice, If it has 'TRADE SALE' printed across the top, and a disclaimer where the buyer signs declaring themselves as bona fide motor traders and that the car is not sold as fit for any particular purpose then the buyer is in trouble if he has signed and bought a car on trade terms ie sold as seen AND declared that he is a motor trader AND that the car is not sold as fir for any particular purpose.

 

I only say this as a chap in the trade that I knew used to sell only to the trade but used to get the odd joe public in from time to time... they had to sign the above on a trade invoice, one of the public took him to court over broken aircon or something and the chap I know won the day.

 

It does rather depend on what he signed.... I agree that he cannot sign away his statutory rights by a typical 'sold as seen' invoice... but if the invoice states 'sold for spares / and / or repairs only' or 'i declare that i am a bona fide motor trader' then he could well be in trouble.

 

This isn't as clear cut as it seems, the OP has already said the seller was breaking it..... I really don't know here.

 

 

 

If that was the case. why has it been sold with an MOT and tax? End of the day Bob, if it was being sold as spares or repair, then the OP should not of been able to drive it away. As far as I am concerned, it is a straight forward retail car sale so SOGA applies. The seller has to show that the fault was not present at the point of sale to defend a claim. OP may like to run this by Trading Standards to clarify.

 

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 am fairly sure there was a Scottish court case covering a garage selling to the public as "trade sales", but basically just a normal car dealer. I can remember the garage was on the road between Glasgow and Paisley, and roughly at the boundary (Pa1- Glasgow Rd/G52 - Paisley Road West).

 

The details of this case may prove useful.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...