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    • Go to the slc website See if you can register and look at your file on their portal we have found lots of people can still view their stuff.    
    • See if this is in order please. I photo of the chimney and Hale Surveys remaining.   Bundle 24 JanM.pdf
    • Hi all,  A good friend of mine recently had a similar issue and this is my first car. I've had a consistent barrage of problems.  I purchased a vehicle from Beavers Cars Dealership - From Auto Trader.  This is a draft I've written: Dear Beavers Cars, I'm writing to you about the Audi A4 (2007) I bought from you for £3200 on Sunday January 09 2022. The vehicle had prior faults before purchasing the car, during the test drive the Engine Light came on.   This being my first car as I've recently only passed my driving test, Amir who dealt with me re-assured me that this fault is nothing serious. I phoned a friend who advised me that this is a major fault and that needs to be looked at.   Amir took me to a local garage 1 minute from the Offices and had a mechanic he knew inspect this fault. The mechanic advised that the throttle flaps are shown as an error code on his machine and need to be cleaned, he took the throttle flap device off to clean it, the fault still persisted, he replaced the entire unit which then cleared the fault. I spent roughly 3 hours in the garage trying to resolve the fault error codes. I then was shown that these codes were cleared and that its all now in good condition and working.   only test drove this vehicle at maximum of 40mphs and as it was central London taking it on the motorway was a long way away. I paid a £200 deposit initially on Saturday the 8th January 2022 and went to London on 9th January 2022 to check this car. Once everything was sorted at the time, I was convinced by a sales pitch of Amir that this car is road safe and I'm able to drive it back to Brighton with no issues. I paid the remaining £3000.   Upon leaving to the motorway, the engine was struggling and it was making a very seriously bad noise, the turbo was not picking up properly and it really felt like there may be something seriously wrong with the car, when I would pull up to roundabouts the car revs would flicker and the car would shake.   I then had it serviced and got a Carbon Clean on the engine and everything seems to be in order, it started to drive a little better, but I barely ever gone over 40mph.   I wanted to speak with Amir to discuss this and tried calling on the 20th January 2022, knowing I still have my rights under the Consumer Act 2015, but wanted to address the issues and find a solution. I was unable to get hold of him.   The third time I went onto the motorway on 22/01/2022 after going around 65mph the Revs just went to 5 and my car started to slow down, I was not able to push more than 35mph in a 70mph, which almost caused a collision. I luckily was only 20 minutes away from home and was able to come off the Motorway and get home safely.   During some of the inspections that I had the engineers that Amir took me to by Beavers Cars dealership is called Speedy's Autos. He said that the car is road safe and being a mechanic shop re-assured me.   Since I had the car, the drivers seat-belt would unclip from time to time, I was told the tread on my left front tire is below the legal limit. I've had the sensors, electrics and front and rear brake lights needing replacements by what it sounds like the Turbo completely went   and I should not have been allowed to drive this car back to Brighton. It put me and others at risk especially when they knew I've only just got my drivers licence and was still a new driver.   I would like a full refund for the £3200, I've already spent money on a set of new tyres, wheel alignment and brand new brake pads and brake disks and a repair on the seat buckle luckily the parts can be returned and wheels aren't due to be fitted until Monday 24/01/2022.   I've also already paid for Road Tax, Parking Permit and insurance on this car which I will have to sort out. . The Consumer Rights Act 2015 makes it an implied term of the contract I have with Beavers Cars that goods be as described, fit for purpose and of satisfactory quality. As you are in breach of contract and I've owned the vehicle for less than 6 years, I am within my statutory rights to ask for a refund at no further cost to me. I look forward to hearing from you within 14 days with details of how you plan to resolve this matter. Yours sincerely,   ........................     Any help would be appreciated.  I've sent this over to them via text to Amir who I been dealing with from Beaver Cars in Hounslow - I do not have an email for them.    Amir Beavers Cars 61 – 67 Salisbury Road Hounslow Middlesex TW4 7NW Dear Sir/Madam Ref: xxxxxx On 09/01/2022 I purchased, and took delivery of, the above vehicle an Audi A4 Avant 2007 from you. On 22/01/2022 I discovered that it was not of satisfactory quality: the turbo cut out and car would not go over 40 mph, even after restarting.   The Consumer Rights Act 2015 requires dealers to supply goods that are fit for purpose, as described and of satisfactory quality. However, the vehicle is clearly not roadworthy. You are therefore in breach of contract.   I am legally entitled to reject the vehicle and to be reimbursed the original purchase of £3200. I look forward to receiving your cheque or banks transfer refund to my account: xxxxxx – Account Number: XXXXXXXX Sort-code: XXXXXX the total sum of £3200 within 14 days. If you fail to reimburse me, I shall have no alternative but to issue a claim against you in the county court for recovery of the money without further reference to you. Yours faithfully   If they refuse to refund me, what would be my next steps? Thank you
    • The mediation went ahead in the first week of January and I was surprised at how confrontational the mediator was.  The call started on time and as usual I was asked to briefly explain the situation which was pretty standard.  Item posted using Hermes – item never made it from pick up to depot, Hermes deny any responsibility.  I was asked if I understood the mediation process and to confirm that I agreed to compromise.    I said I was happy to participate and that by way of compromise I would be happy to forgo the interest – but that I was looking for the full verified value of the item (sold price plus postage minus the £27 unilaterally paid by Hermes).  I went through the reasoning explaining the unfairness of the policy whereby the customer is asked to take out insurance to protect Hermes from its own negligence and criminality etc. and sat back waiting for the mediator to respond saying she would now speak to Hermes.    She didn’t.   She explained that this wasn’t a compromise, that mediation does not work like this and that she was ending the call and that I should now continue through the court.  I insisted that she puts my offer to Hermes but she refused.  I then knocked 10p from my demand which she could then not argue was a compromise and which forced her to communicate with Hermes.    I was on the call for about 30 minutes – I’ve read on here that others have ended the call and been rung back several times – I was placed on hold briefly during the mediators exchange with only a minute or so between interactions.  The frustrating thing is that every demand I made was immediately accepted by Hermes and it was the mediator who was the obstacle – at one point she even advised me that Hermes had no obligation to pay the costs and that I shouldn’t press for that.  I ended up negotiating it up to £350 which is £18 short of the total claimed; but to be honest I was past caring at that point.   It is of note that Hermes exploited every deadline and have made the process as long as possible.  I had to provide them with my bank details within 5 hours and they then had two weeks to make the payment which they did on day 14.  I’m happy with the outcome and that I forced them to pay but it’s frustrating that a company is obviously training their staff to treat their customers with such obvious contempt.    I will never use them again and have already bought something on-line from a company but only on the proviso that they don’t use their usual shipping solution (Hermes) – to which they agreed.   Thanks for the great work on this forum and to all who are taking action against Hermes – keep it up!!
    • Hi    Thank you very much indeed Mantis .  I really really appreciate your advice.  He had high blood pressure Thursday so I left it, but told him I had good news from CAG and arranged to meet up with him on Sunday to go through this matter.    Thank you again    Have a good weekend  Warm Regards  W.
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Driving with inadequate insurance


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Need some advice on an Insurance issue guys. My son was stopped for a routine breath test which he passed no problem, he was driving a friends car, he has his own fully comp insurance for his own vehicle which is part of a multi car family policy we have.

However on subsequently checking the small print it appears he was not insured to drive 3rd party on another vehicle, despite the insurer verbally telling us this was ok. As he is still in his 2 year probtion period I am assuming he will get 6 points for this misdemeanor and therefore automatically have his licence revoked??

Anyone got any ideas on how he might avoid this.

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Insurance is a strict liability offence i'm afraid. You're either covered or your not its as simple and black and white as that. It is the driver's responsibility to check whether he is covered. If your policy states it does not allow for driving TP vehicles (owned by someone else), there is not a lot you can do.

 

If you were verbally told by your insurer that he was covered, I would be making a strong complaint about whoever that person was and to see if there is anyway they will come to your son's defence.

 

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.

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 for the swift reply Sailor Sam. I'm of the same opinion, its unfortunate that this will happen on a technical offence rather than the speeding/drink driving the the probation act was meant to combat. We can try talking to Admiral but i'm not holding my breath on this.

If he re-takes his licence I assume this means he starts with a clean slate?

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Oh it's Admiral again! I bet that they conveniently forgot to record the telephone call where you were advised it was ok! I suggest you ask the question! In relation to your licence question, i'm not sure about that but if you can get Admiral to do their bit by admitting this was bought about by their mistake, it may not come to that.

 

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.

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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If he re-takes his licence I assume this means he starts with a clean slate?

 

No he doesn't. The 6 points (if that's what he gets for the offence) will still be on his licence after he retakes his tests (remember he has to do the theory and pratical again) for the "normal" length of time they would be on anyone's licence, usually 4 years.

 

The "clock" on his 2 years probationary period isn't restarted however, so provided he gets to the 2 years from first passing his test then he cannot be revoked again even if he receives other penalty points.

Edited by crem
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Yes we had 3 attempts at getting the policies correct in the first place ie paperwork not matching agreed insurance cover....perhaps that should have sounded alarm bells! I'll post an update once we know how this pans out.

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No he doesn't. The 6 points (if that's what he gets for the offence) will still be on his licence after he retakes his tests (remember he has to do the theory and pratical again) for the "normal" length of time they would be on anyone's licence, usually 4 years.

 

The "clock" on his 2 years probationary period isn't restarted however, so provided he gets to the 2 years from first passing his test then he cannot be revoked again even if he receives other penalty points.

 

Thx Crem, just read up on this, seems strange that they carry over but as you say the probation period ends and he's in with the rest of us!

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I wouldn't mention anything to Admiral, I would just SAR them stating specifically that transcripts of all phone conversations were required.

 

Thx Conniff....I think this may be worth while as we are absolutely positive that the sales rep mentioned the TP cover for all named individuals as a benefit for the Admiral policies. How that may impinge on any proceedings I'm not sure as ultimately we are all directly liable, conjoining somebody else to blame is in my experience always difficult.

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Thx Crem, just read up on this, seems strange that they carry over but as you say the probation period ends and he's in with the rest of us!

 

 

Oh there are far more complicated anomilies about this "revoke" law than that. This is a straight forward situation really.

 

For example, someone can come in from France having driven only 6 months, "surrender" their French licence in exchange for a UK licence without taking a test. They could then get 6 points straight away but not loose their licence because the probationary period is only measured from the 1st UK test , which they didn't have to take.

 

Someone else comes from France having driven for 20 years and exchanges his licence also. He then drives in the UK for another 5 years with no problem, but then decides he'd like to ride a motorbike. He then takes and passes his bike test, but 6 months later gets 2 speeding fines and receives 6 penalty points. He now has his licence revoked because he has accumalated 6points within 2 years of passing his 1st UK test dispite having 25years of driving experience now!

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Pulling up the insurance company is just wasting time and effort.

Insurance is by way of "bond" you are issued a certificate of that bond and only what is written upon that certificate is valid.

You are deemed to have inspected and accepted the conditions printed on the certificate, it can not be retrospectively corrected based upon "but they said"

The court will take a plea, you have two choices, guilty or not guilty, if you choose not guilty the clerk of the court will request you produce the bonded certificate of insurance.

You either have one or you don't.

If you don't and have pleaded not guilty, the Magistrates will add a loading to the punishment.

IMO : You will receive 8 points and a £450 fine plus full costs for pleading not guilty and been found so .

This offence is absolute liability for private motorists.

If you have third party cover it will be written upon your certificate as so.

No certificate = guilty.

End of story.

Expert on Parking matters, Banned by MSE ! along with other parking experts on orders of the BPA !

here to SAVE you money !

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  • 1 month later...

UPDATE:

So Admiral have pushed to the absolute last day of the statutory SAR period and then wrote to us saying that because of an admin error the application had not been processed and that we now need to fill in some paper work in order to 'access' this. Funny that.

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Oh there are far more complicated anomilies about this "revoke" law than that. This is a straight forward situation really.

 

For example, someone can come in from France having driven only 6 months, "surrender" their French licence in exchange for a UK licence without taking a test. They could then get 6 points straight away but not loose their licence because the probationary period is only measured from the 1st UK test , which they didn't have to take.

 

Someone else comes from France having driven for 20 years and exchanges his licence also. He then drives in the UK for another 5 years with no problem, but then decides he'd like to ride a motorbike. He then takes and passes his bike test, but 6 months later gets 2 speeding fines and receives 6 penalty points. He now has his licence revoked because he has accumalated 6points within 2 years of passing his 1st UK test dispite having 25years of driving experience now!

 

Sorry, but this is not correct. The New Drivers Act (1995) clearly states the following:

 

(1)For the purposes of this Act, a person’s probationary period is, subject to section 7, the period of two years beginning with the day on which he becomes a qualified driver.

(2)For the purposes of this Act, a person becomes a qualified driver on the first occasion on which he passes—

(a)any test of competence to drive mentioned in paragraph (a) or © of section 89(1) of the M1Road Traffic Act 1988;

(b)any test of competence to drive conducted under the law of another EEA State

 

My bold and highlighting.

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I hate to burst the bubble of hope here, but the certificate was issued AFTER the telephone call, albeit immediately. The telephone call could constitute a verbal contract HOWEVER the certificate issued after that verbal contract would in law supersede it.

 

There are circumstances where uninsured at the time can be rectified, for example insurance is cancelled due to not paying DD, driver stopped, car siezed etc etc which turns out to be incorrect as DD was paid, so insurance is reinstated and backdated to cover that period, thus making the driver insured after all and thus no fine, points or recovery of vehicle costs.

 

In this case, you could (with the taped call details) argue that you were insured perhaps before you received the certificate, but not once you received it as (and I know you know this now) you MUST read it and make sure all the details are correct and to your satisfaction. Yes, all 4 pages in font size 5, blue ink on blue background stuff, down there in section 91a clause 5R, paragraph 26c...........

 

In my opinion, your son is uninsured and unfortunately this will likely end with a £200 fine, 6 points and now the bad news....... as far as insurers are concerned, he may as well be a joyrider. He is young, drove (innocently in a way) uninsured, end of. Wrongly in my opinion I must add. However, it will prove a very expensive mistake.

 

Your only hope would be IF you can get that tape and then persuade the insurer that their agent did verbally tell you that you would all be covered and they then agree to change the policy in retrospect. Whilst not impossible, I would think it highly, highly unlikely that they will do do.

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