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    • If anybody has any advice here, it would be greatly appreciated, I already suffer with pre-existing disabilities & have struggled with this so far. 
    • 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.
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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.

      Frankly I don't think that is any accident.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Lancashire Diesel Centre/Heys Lane Car Sales, altered mileage -refuse to refund


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The people that have had problems with the car, have they been fixed?

 

i bought mine of him 3 weeks ago, and it hasnt started since then!

 

i am going through trading standards at the minute,

and the guy doesnt seem to be bothered,

he said he was coming to pick my car up to be fixed,

but he hasnt bothered

 

also when i rang him he said the boss isnt in.

 

also yesterday my exhaust fell off the car,

 

need some advise on what people did to sort this guy out.

 

Thanks..

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you need to start your own thread really.

 

Dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Sorry I hadn't had any notifications of new messages until now. No absolutely nothing, not even the £200 he offered to pay for the clutch repair. I found that "the boss" was never available even when I drove over there. The boss is Andy Long he will deny this until he is blue in the face I wouldn't waste my time with him to be honest. Just out of interest are they trading as Heys Lane Car Sales or something else now?

 

It has been passed on to trading standards and they are looking into it, it has been about 3 weeks since I heard anything from them at all.

 

To the person that asked regarding the clocking of the car, it was the fact that the MOT certificate stating 83700 miles had been deliberately covered with a staple so that I couldn't read it until I took the documents apart and that my car had done 90600 miles when I sold it to him and he was selling it stating 83000 miles. Surely this is proof that he is altering mileage?

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Do the cars in question have digital speedometers? Mines does and i was told that if the cluster is changed either with new or used parts, the genuine milage is stored in the computer and this will show when everything is connected up again. True or false?

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Good point Scania...........it can be but is not often. The cars I look after so to speak will show this up from various control units.

 

Had this the other day when dealing with a massive warranty claim we were investigating. Owner thought they were being clever but then they didn't know what data was recorded so could actually show the person involved at what time the change was made and on what date.

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Who would be able to look at that to try and find the correct mileage? Trading standards have basically told me I'm on my own this morning which is helpful as I can't even take him through small claims. He wrote the old trading name on my receipt of his company that had already closed down so as far as the courts are concerned that company is no longer trading

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Who would be able to look at that to try and find the correct mileage? Trading standards have basically told me I'm on my own this morning which is helpful as I can't even take him through small claims. He wrote the old trading name on my receipt of his company that had already closed down so as far as the courts are concerned that company is no longer trading

 

Trading Standards aren't interested??? Did they explain why? Obviously it can no longer be against the law to sell clocked vehicles then! I do not see why you cannot take him to court... it dosn't appear to be a limited company so you issue proceedings against the proprietor personally. Considering he is no longer trading, he seems to have a few cars still advertised on autotrader;

 

http://www.autotrader.co.uk/dealer/527961/stock/used/cars/postcode/wv46hb

 

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.

 

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He is most definitely still trading, I have spoken to trading standards on a number of occasions and all they have advised is that the owner's name is Andrew Long and I will have to take him through small claims and hope that the court rule in my favour. I am presuming they are investigating him further but aren't willing to help me. I am going to start proceedings against him personally today when I have calculated all the expenses I have had so far. Thanks for all your help so far!

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Hi Jay... I've just spoken to CAB about this but unfortunately can only tell me that it has been referred to Trading Standards.Obviously I do not know who/what office is dealing with this but you have to appreciate that they don't act as a personal recovery service for individuals. What I am fairly confident though is that they will be investigating the trader. If you PM me the numbers/reference number of the TS office you are dealing with, it may help. In the meantime, have you written any formal letter (LBA) to Andrew Long? If so when and what did it say?

 

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.

 

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The last letter I sent was dated May 1st. I have not contacted him by post since then as he had refused to sign for both letters, which I have proof of. The letter said that I had given him every available opportunity to resolve the situation and included copies of all the evidence to support my arguement. Its a bit irrelevant though as he has never actually seen any of my correspondence. I have been speaking to West Yorkshire Trading Standards ref 655516 the number is 0113 393 9868, it is however Lancashire Trading Standards investigating him. Having spoken to them yesterday I can attempt to take him through small claims but wasn't sure where I stand on him refusing to accept mail how will he even know that I have issued proceedings?

 

I think my issue with trading standards is that he has been reported 3 times that I know of by seperate individuals and yet is still allowed to continue trading and conning other people who then will have to go through all this when it could be avoided just by shutting him down

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It matters not tat he is refusing to accept your mail. You just show the recorded delivery slips to the judge and that should satisfy him that you have served notice of the proceedings. Looks like you will have to go ahead with you claim. If he ignores that, you will get judgement by default.

 

You are aware though that obtaing judgement is only half way of getting your money back don't you? You may have to issue a warrant to send in bailiffs but I would recommend you apply for a financial examination (oral) hearing where by he MUST attend and provide all evidence of his finances etc. You would even get to question him in front of the judge! DON'T forget to claim the interest as well. Helpful info here;

 

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

 

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.

 

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Thanks Sam I will have a look at your link now.

 

My complaint is that I thought I was buying a car with 76,000 miles, 12 months MOT and in good working order. I traded in my admittedly older car which from what I can estimate had actually done less miles than the one I bought. The car I bought turned out to have at least 87,600 miles on and only 8 weeks MOT. The dealer stapled the documents together so that I couldn't see the mileage or date on the MOT certificate and simply wrote MOT'd on the receipt. The car also had a bald front tyre and the clutch has had to be replaced. He did originally offer to come and collect the car but hasn't, he then offered me £200 towards the clutch which never appeared. He will not accept my calls and is insistent that he is not the owner even though Trading Standards have since discovered he is the owner. So far the car has cost me nearly £600 to replace the clutch, bald tyre, having days off work to go over to the garage as he won't answer calls and an MOT I shouldn't have had to pay (which amazingly it passed)

 

The most frustrating part of this is I know of 2 other people who have bought cars from him since and have had problems with them and he has treated them exactly the same as he did me. Trading Standards have this information yet he is allowed to carry on conning people.

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WAIT A MINUTE!!!! Do you mean to tell me that you have had the car repaired???? My advice in post #6 was to formally reject the car!!! Now you have had it repaired that is going to be almost impossible to do!! Did not TS/CAB also advise you to reject?? Once you reject, you should not touch the car again while you sue for a full refund which, under these circumstances, is exactly what you should do.

 

Now you have had repairs carried out, you may well have been deemed to have accepted the car and may have left you with the only option of suing for the cost of the repairs.

 

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.

Edited by sailor sam

 

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Not 'may have' but 'will have'. You might just as well give up now and enjoy your transport. Anything else is going to cost you money and only a very slim chance of recovery.

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Not 'may have' but 'will have'. You might just as well give up now and enjoy your transport. Anything else is going to cost you money and only a very slim chance of recovery.

 

I wouldn't entirely agree there Conniff, I think she can still claim for the repairs.

 

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.

 

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I think you will have to have given a deadline and a warning that you will do so.

 

Although if the seller continues to ignore then yes, get the work done and present him with the bill saying failure to pay will result in court action.

 

But there is no point in saying that if there is no real intention of going to court.

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I would be happy to get the cost of the repairs back. I had absolutely no choice but to get the car repaired I was getting nowhere with either the dealer or trading standards and I live in a village in the middle of nowhere my husband couldn't get to work and I couldn't get my kids to school. I refused to accept the car the day after I bought it, I tried to return it but didn't feel safe driving it so he was going to collect and he didn't turn up and subsequently refused to take my calls. I don't have the means to get another vehicle so my only choice was to fix the scrapheap I have.

 

The whole system is a joke I'm not surprised people like him just carry on making money by ripping people off as there is absolutely no help anywhere just write them a letter and if they ignore that write them another letter and if that fails write them a letter telling them you are taking them to court but you probably won't win so just don't bother wasting your time and accept you have been robbed

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Are you going to pursue the seller for the repair costs Jay?

 

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.

 

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Yes I am thanks for all your help and apologies for the strop on my previous post

 

There's no need... i'm sure we all appreciate your frustration and anger. Cases like this make me angry too!

 

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.

 

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Hi everyone, wish I had read this before buying a car from the same garage. Wasted £700 on a corsa that looked mint and I am now having to sell it at auction as it wont get through the MOT which is ten weeks less than stated. Massive engine problems which means it uses a liter of oil a week.

 

Basically been able to use my car for three weeks. My first ever car too so not impressed. The guy is refusing to answer the phone etc.

 

Not bothered with Trading Standards as it states on here he just refuses the letters. Police not interested.

 

I am so mad he has got away with this. I have written to Watchdog with the company name and his apparent name and just see how it goes. If you all do the same, surely we can name and shame him.

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Did you take him to court and did it help??

 

Don't think she has yet. If you have a problem with the same dealer you should deffo report it to TS but you will need to go through CAB. The more cases reported, the more chance of action being taken.

 

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.

 

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  • 2 months later...
I have bought a used car from a 2nd hand car dealer 30 miles from my house, it was advertised on Auto Trader on Thursday 19th April, I rather stupidly didn't take anyone with me and trusted that he was honest. The next morning I took the car to my local garage who told me that the the clutch needed replacing, the exhaust was starting to go and the front tyre was bald - I realise I should've noticed this at the time.

 

I rang the dealer who told me that the boss wasn't in and someone would call me back, they didn't. Later that day I discovered he had put a staple through the MOT certificate where it showed the mileage, I had bought the car thinking that it had done 76,000 miles the MOT certificate actually stated 87600 last June. I sent him a letter the same day by recorded delivery stating the issues with the car and that I wanted a full refund and return of my part exchanged vehicle he refused to sign for the letter. Since then he told me I would get a refund and someone would collect the car on Mon 23rd, nobody came and he will not answer any of his phone numbers to me.

 

I have given him 7 days as advised by citizens advice to rectify the situation and today decided to drive over, the boss was again nowhere to be seen although I am fairly sure he is the boss and he told me he would ring me back today. I have since discovered from a previous employee that he ceased trading as the company I bought the car from 3 weeks ago and is now trading as something else although he wrote the old company name on my receipt. He has also advertised my part exchanged car on Auto Trader with a mileage of 7600 less than I sold it to him with so he is clearly the one clocking the cars. He has offered to pay £200 towards the replacement of the clutch and a new tyre my question is should I take this as an expensive lesson or refuse the amount offered and hope that trading standards will help me?

 

Thanks

 

I have had a similar problem with this dealer...His name is Andy Long { he also trades as G H Car Sales} and he sold me a Kia Sedonna, I took him £100 deposit and he said the vehicle would be ready for collection on the Monday as it had failed its MOT on a couple of things. No phone calls was received and after telephoning him around 10 times he eventually answered and told me the parts was on back order and he would deliver the car to me in Rochdale {about 30 miles away} the day after...It never arrived and the phone I rang was just going to answer machine. Late that day he phoned to tell me that the KIA had cost him a lot more money to put through the MOT and that I would have to give him more money. I told him that I had an arrangement and a hand written receipt and that I would just have my money bad and put it down to a bad experience, He said he would deliver the money "Later" as he was passing Rochdale on the way to the auction..He never came , I too have sent him a letter as requested by citizens and also a letter requesting he paid me back within 14 days, He now never answers his phone and I am awaiting what trading standards are doing with this rogue trader...

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