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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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    • Consumer Lover
      Statute barred/Prescribed date vs 5 year default date anniversary

      By Consumer Lover · Posted

      Hi all, Love this site and it's no nonsense advice, have dipped in and out of the consumer forums over the years, mostly to assure myself that what I was doing was the right thing when dealing with various businesses (almost 100% success rate, thanks in part to reading and more reading here.). Anyway, the time is almost approaching where I might need to ask for some specific help and I have a couple of queries that I can't see definitively answered. Due to financial mismanagement and severe anxiety issues I stopped paying all unsecured debt in December 2018 (one slipped to the first week in Jan 2019 when the last payment was made having rechecked my bank statement from that period - all my unsecured debt direct debits were cancelled in early Jan 2019). This has left half a dozen debts;  a couple of credit cards, a bank loan, Shop Direct and some Hitachi Finance stuff having been sold on and passing the rounds through the usual suspects, Lowells, Link, PRA Group, others related to them, and then back to them again. I have somehow successfully managed to maintain radio silence and avoided anything more worrying than their begging letters.  I have blocked their phone calls and texts, bumped all emails to the spambox and had a chuckle at their desperate letters.  I've never had anybody at the door.  I have been at the same address since before I defaulted and all correspondence comes to my current home address.  I have NEVER contacted them or admitted any debt. In anticipation of them perhaps ramping up action at the last minute I've had a look at my credit report on Credit Karma (rec'd from this very place) and I see that the default dates on these range from May 2019 to November 2019. Also in preperation I've been reading, reading and reading lots here as advised. Obviously being in Scotland there are a lot fewer posts relating to these matters and it's always quite annoying when OP's do not follow up with any outcome on their cases - how rude! This has also left me a bit confused of when I am able to finally breathe easy (although cancelling all the direct debits in Jan 2019 was the biggest sigh of relief as I knew it was all going to be unmanageable and, well, default one, default all.). I've been reading that defaults should be filed 3-6 months after the missed payment but one of my larger debts was defaulted on 27th August 2019 when the last payment I made was 10th December 2018, meaning the first missed payment was 10th Jan 2019.   My query for now is - when should I infer that these debts are prescribed?  From when the payment was missed, or taking the default date plus 5 years from the credit report?   The three I have with the May date are moot anyway as either way they are gone - some letters from Lowell offering me 90% off to settle is what got me thinking these must have been near SB status, however I have one big 10k+ with a July date and another 10k+ at the end of August so I am feeling a bit anxious again, even though I know there is nothing to worry about with the begging letters.  Reading the various forums I am not sure why the OC's didn't take action against me when I read time and again the surprise that other posters haven't already been taken to court for lesser amounts - I'm also surprised I've avoided any action this long as there are plenty in this forum and sub forum who are whisked off to the court by the beggers minions after only a year or so after defaulting.  There are no CCJ/decrees listed on my credit report and I have not received any such judgements against me.  I still just regularly receive the begging emails to the spambox, the blocked phone calls and the letters from the they.   I'm also reading that there is no need in Scotland to send an LBC so what should I be looking out for to know that the time has come to engage with CCA requests etc?   I'm afraid in a fit I threw a lot of the paperwork out but I have a box of stuff I'm going to go through which may have the original letters from the OC's.   Thanks in advance for any advice.  
    • FTMDave
      Alliance Parking Letter of Claim - snotty letter help?

      By FTMDave · Posted

      I'm at work now but promise to look in later. Can you confirm how you paid the first invoice?  It wasn't your fault if the signal was so poor and there was no alternative way to pay.  There must be a chance of reversing the charge with your bank.  There are no guarantees but Kev  https://find-and-update.company-information.service.gov.uk/company/09766749/officers  has never had the backbone to do court so far.  Not even in one case,  
    • lookinforinfo
      Alliance Parking Letter of Claim - snotty letter help?

      By lookinforinfo · Posted

      OK  so you may not have outed yourself if you said "we". No matter either way you paid. Snotty letter I am surprised that they were so quick off the mark threatening Court. They usually take months to go that far. No doubt that as you paid the first one they decided to strike quickly and scare you into paying. Dear Chuckleheads  aka Alliance,  I am replying to your LOCs You may have caught me the first time but that is  the end. What a nasty organisation you are. You do realise that you now have now no reason to continue to pursue me after reading my appeal since you know that my car was not cloned. Any further pursuit will end up with a complaint to the ICO that you are breaching my GDPR.  Please confirm that you have removed my details from your records. ------------------------------------------------------------------------------------------------------------------------------------------------------------ I haven't gone for a snotty letter this time as they know that you paid for your car in another car park. So using a shot across their bows .  If it doesn't deter them and they send in the debt collectors or the Court you will then be able to get more money back from them for  breachi.ng your data protection than they will get should they win in Court-and they have no chance of that as you have paid. So go in with guns blazing and they might see sense.  Although never underestimate how stupid they are. Or greedy.
    • clou00
      Alliance Parking Letter of Claim - snotty letter help?

      By clou00 · Posted

      Thank you. Such a good point. They did issue all 3 before I paid though. I only paid one because I didn’t have proof of parking that time, only for two others.    Unfortunately no proof of my appeal as it was just submitted through a form on their website and no copy was sent to me. I only have the reply. I believe I just put something like “we made the honest mistake of using the incorrect parking area on the app” and that’s it. Thanks again for your help. 
    • lookinforinfo
      Alliance Parking Letter of Claim - snotty letter help?

      By lookinforinfo · Posted

      They are absolute chuckleheads. You paid but because you entered a different car park site also belonging to them they are pursuing you despite them knowing what you had done. It would be very obvious to everyone, including Alliance that your car could not have been in two places at the same time. Thank you for posting the PCN so quickly making it a pity that you appealed since there are so many things wrong with it that you as keeper are not liable to pay the charge. They rarely accept appeals since that would mean they lose money but they have virtually no chance of beating you in Court. Very unlikely that they will take you to Court given the circumstances. Just in case you didn't out yourself as the driver could you please post up your appeal.

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      We have finally managed to obtain the transcript of this case.

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

      Frankly I don't think that is any accident.

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

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

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Car I have had for 2 months has been deemed dangerous.

clemma

By clemma
in Garage services

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clemma

clemma

Posted
Posted

We bought a car from a dealer on the 27th May this year. It has just had it's MOT and failed dismally. It has been deemed dangerous to drive and the cost of getting it roadworthy is over £1000. These are things that would have been wrong with the car when we bought it. As most of the issues can only been seen from underneath the car we were obviously not aware of them. Also, the rear brake is so dangerous that the car should never have been on the road. It also needs some welding work as it is so corroded near the suspension that it could have given way at any time. The other issues are minor compared to these two.

 

I called the dealer who said that because the car was bought for less than £1000 it's not his problem. He said that we took the car on a test drive and were happy. If you can call a 200ft drive a test, then yes, we did. We could not take the car on to the main road as it had no tax and no insurance. So, in effect, we didn't test drive it at all. Just to the end of his drive at the garage and back again.

 

I'm so angry. I spent hard earned money on a car that is dangerous. I have a young child and knowing that it could have given way at any time is a scary thought. I have resigned myself to scrapping the car but I'm just wondering, should I report him to TS or anything like that? Have I really got no rights to demand he put the car right (after all, it was sold unfit for purpose).

 

Any help would be appreciated.

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marmaris30

marmaris30

Posted
Posted

You should definitely complain to TS although it's probably unlikely you'll get any money back from traders like this. It's always worth having a knowledgeable friend around with cars, or an independent inspection (I expect the trader would've run a mile if you'd proposed this!)

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clemma

clemma

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Ok, well I will give them a call and see what they say. Does the SOGA not apply to used cars? My oh is very good with cars and, like I said, it would have had to have gone up on ramps and a good poke about underneath to see the corrosion. We knew the rear brake shoe would need replacing but it's actually the whole thing, including the drum, that is dangerous. This is something that could not be seen without getting it up in the air. As for an independent inspection.....it's not something I thought of.

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clemma

clemma

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I have just spoken to Tesco 9as I have legal advice through them) and they have told me to write to the dealer rejecting the car, explaining why and to send a copy of the MOT certificate and the cost of the repair. They say, because I have had the car for such a short period of time then that only goes to strengthen my case. As does the fact it clearly states the car is dangerous on the MOT. Off to compose a letter now....

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clemma

clemma

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How does this sound:

 

I purchased a Mazda MX-3 as part of a part exchange with a Corsa B on the 2rd May 2012. We were not informed that car had any problems. We also were not able to take the car on a full test drive due to the lack of road tax and insurance on the vehicle.

 

I am writing to you to inform you that I reject the car. My reasons being it's failure on it's MOT. I have enclosed a copy of the MOT certificate and a breakdown of the costs to repair the car. The total repair costs would exceed £1000 when VAT is added to the cost.

 

The car has been deemed dangerous, clearly stated on the MOT certificate. The garage has confirmed that the issues surrounding the failure would have been present when the vehicle was sold to us.

 

Under the Sale of Goods Act it states that items purchased must be fit for purpose and be of a satisfactory condition. It is my understanding, that due to the failures on the car, that it was neither fit for purpose nor of a satisfactory condition. If I had been made aware of the faults on the car then I would not of purchased the vehicle.

 

Further to the issues with the car we have had to incur further losses as we had to purchase a vehicle on the 1st August as a car is essential for my partner to commute to work. We are not able to cover the cost of repairs on the Mazda MX3 as it is uneconomical to do so. Therefore I request a full refund and the car be returned to you as rejected.

 

I ask that you respond to this matter within 7-10 days from the date of this letter.

 

Yours sincerely

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clemma

clemma

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The car had tax put on it after we purchased it as part of the deal so, yes, it was taxed. The car was just on the lot with a price. Nothing to say it had faults, including a dangerous one. The dealer gave no indication that there were any major issues.

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clemma

clemma

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They have a website but it just shows the cars they have for sale with basic details such as mileage etc. I'm not sure if they advertise their cars anywhere else.

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sailor sam

sailor sam

Posted
Posted

Ok... it's only that it would of strengthened your position if there was evidence of miss-representation. Your letter seems fine to me but send it by recorded delivery. Do not use the car once posted (although i'm pretty sure that you can't anyway). A word of warning though, these type of people will know how a court case pans out so be prepared for a long drawn out case. You will no doubt have to go down that road but you can claim interest on your outlay from the outset plus all your court fees. The longer it goes on, the more expensive it will get for the seller BUT the pitfall is that he may not pay even when you get your judgement. At that point you would send in the bailiffs which is fine if he has anything of value to seize.

 

If it was me, I would borrow/hire a trailer, transport the car to a prominent spot in front of his plot and put large signs inside the car warning others of the type of cars he was selling.

 

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clemma

clemma

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It is only a small business so he may/may not have had dealings with the court before. I can't use the car. It is now off road, SORNed and as it has neither insurance or MOT I won't be taking it anywhere. I can only try.....thank you.

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clemma

clemma

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Slight changes to the letter:

 

RE: Mazda MX-3

 

This is to inform you that I formally reject the above vehicle, as is my statutory right under the Sale of Goods Act 1979 (as amended).

 

I purchased the Mazda MX-3 as part of a part exchange with a Corsa B on the 2rd May 2012. We were not informed that car had any problems. I was not able to take the car on a full test drive due to the lack of road tax and insurance on the vehicle.

 

After submitting the car for an MOT I have been informed that the car is in a dangerous condition. This is clearly stated on the MOT certificate. The garage has confirmed that the issues surrounding the failure would have been present when the vehicle was sold to me.

 

The Sale of Goods Act 1979 (as amended), states that items purchased must be fit for purpose and be of a satisfactory condition. It also states that the item must be safe. It is my understanding, that due to the failures on the car, that it was neither fit for purpose, not of a satisfactory condition nor is it safe. If I had been made aware of the faults on the car then I would not have purchased the vehicle.

 

Further to the issues with the car I have had to incur further losses as I had to purchase a vehicle on the 1st August as a car is essential for my partner to commute to work. I am not able to cover the cost of repairs on the Mazda MX3 as it is uneconomical to do so.

 

Therefore I request a full refund and that you arrange for the car to be collected at your expense within 7 days.

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clemma

clemma

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Well it sounds like a small business that shouldn't be in business to me.

 

More than likely. I'm having no luck getting through to TS as of yet. Just want to get him reported!

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Bang!

Bang!

Posted
Posted

A dealer is not obliged to tell you problems with a vehicle, but should tell you what they are aware of if asked.

 

Regarding MOTs, while even VOSA seldom entertain complaints after 28 days from a test - they will investigate if related to corrosion for up to tree months as it cannot appear quickly.

 

Call them - even for the parts they can't look at they will be interested to hear.

 

Call them on 0300 123 9000.

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clemma

clemma

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Spoke to the dealer (naughty, I know) and he is offering me a part refund plus I get to keep the tax to claim a refund on that (they paid for the tax, not me). In total I will be short of about £50 that I paid for it. I can live with that. He tried to offer me scrap value but after throwing in SOGA he relented.

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clemma

clemma

Posted
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A dealer is not obliged to tell you problems with a vehicle, but should tell you what they are aware of if asked.

 

Regarding MOTs, while even VOSA seldom entertain complaints after 28 days from a test - they will investigate if related to corrosion for up to tree months as it cannot appear quickly.

 

Call them - even for the parts they can't look at they will be interested to hear.

 

Call them on 0300 123 9000.

 

I don't understand? Sorry? One thing though, the same company who just failed my car passed it 12 months ago with one advisory (a tyre). I would have thought the corrosion and brakes would have already been in a sorry state.

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clemma

clemma

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Ok, reported the MOT place to VOSA as they passed the car last year with no mention of the corrosion. Also, the issuing name is the same on both certificates but the signature is totally different. Not sure if it matters, but I told VOSA anyway. They said they would investigate.

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sailor sam

sailor sam

Posted
Posted
Spoke to the dealer (naughty, I know) and he is offering me a part refund plus I get to keep the tax to claim a refund on that (they paid for the tax, not me). In total I will be short of about £50 that I paid for it. I can live with that. He tried to offer me scrap value but after throwing in SOGA he relented.

 

Let us know when you get the money back, then we can celebrate.

 

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clemma

clemma

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Finally got my money back last night. The dealer paid scrap value for it and his mate, who has the same car, paid the rest so he can use it for spares and repairs. Dealer gets his.money back when his mate scraps it. I dont care. Got my money, thats all that matters.

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