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    • Post #415 you said you were unable to sell it yourself. Earlier I believe you said there had been expressions of interest, but only if the buyer could acquire the freehold title. I wonder if the situation with the existing freeholders is such that the property is really unattractive, in ways possibly not obvious to someone who also has an interest in and acts for the freeholders.
    • i dont think the reason why the defendant lost the case means anything at all in that case. it was a classic judge lottery example.
    • Hello, I will try to outline everything clearly. I am a British citizen and I live in Luxembourg (I think this may be relevant for potential claims). I hired a car from Heathrow in March for a 3-day visit to family in the UK. I was "upgraded" to an EV (Polestar 2). I had a 250-mile journey to my family's address. Upon attempting to charge the vehicle, there was a red error message on the dashboard, saying "Charging error". I attempted to charge at roughly 10 different locations and got the same error message. Sometimes there was also an error message on the charging station screen. The Hertz 0800 assistance/breakdown number provided on the set of keys did not work with non-UK mobiles. I googled and found a bunch of other numbers, none of which were normal geographical ones, and none of which worked from my Luxembourg mobile. It was getting late and I was very short on charge. Also, there was no USB socket in the car, so my phone ran out of battery, so I was unable to look for further help online. It became clear that I would not reach my destination (rural Devon), so I had no choice but to find a roadside hotel in Exeter and then go to the nearest Hertz branch the following day on my remaining 10 miles of charge. Of course, as soon as the Hertz employee in Exeter plugged it into their own charger, the charging worked immediately. I have driven EVs before, I know how to charge them, and it definitely did not work at about 10 different chargers between London and Exeter. I took photos on each occasion. Luckily they had another vehicle available and transferred me onto it. It was an identical Polestar 2 to the original car. 2 minutes down the road, to test it, I went to a charger and it worked immediately. I also charged with zero issues at 2 other chargers before returning the vehicle. I think this shows that it was a charging fault with the first car and not my inability to do it properly. I wrote to Hertz, sending the hotel, dinner, breakfast and hotel parking receipt and asking for a refund of these expenses caused by the charging failure in the original car. They replied saying they "could not issue a refund" and they issued me with a voucher for 50 US dollars to use within the next year. Obviously I have no real proof that the charging didn't work. My guess is they will say that the photos don't prove that I was charging correctly, just that it shows an error message and a picture of a charger plugged into a car, without being able to see the detail. Could you advise whether I have a case to go further? I am not after a refund or compensation, I just want my £200 back that I had to spend on expenses. I think I have two possibilities (or maybe one - see below). It looks like the UK is still part of the European Consumer Centre scheme:  File a complaint with ECC Luxembourg | ECC-Net digital forms ECCWEBFORMS.EU   Would this be a good point to start from? Alternatively, the gov.uk money claims service. But the big caveat is you need a "postal address in the UK". In practice, do I have to have my primary residence in the UK, or can I use e.g. a family member's address, presumably just as an address for service, where they can forward me any relevant mail? Do they check that the claimant genuinely lives in the UK? "Postal address" is not the same as "Residence" - anyone can get a postal address in the UK without living there. But I don't want to cheat the system or have a claim denied because of it. TIA for any help!  
    • Sars request sent on 16th March and also sent a complaint separately to Studio. Have received no response. Both letters were received and signed for.  I was also told by the financial ombudsman that studio were investigating but I've also had no response to that either.  The only thing Studio have sent me is a default notice.  Any ideas of what I can do from here please 
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      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.  

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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.

      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.
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      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
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Peugeot 307- Legal Advice please!


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Hi, I wonder if someone could help me please?

I bought a car 6 weeks ago now a Peugeot 307, 1.6 diesel, 55 plate. After having it for about a week I noticed a knocking noise that sounded like it was coming from the steering or around that area when I turned the car on and off and every so often when I went over bumps (and the car vibrated slightly) I then started to hear like a metally grinding noise... I later found out that the rattling was the rear engine mount that the rubber has wore away on and the metally noise is the wheel bearing that is going.

 

Also the electric windows are sticking when trying to put them back up. I didn't take the car back to the garage I bought it from as I wanted to see what was wrong with it before I did. When I found out what was wrong with it, I took it back to the garage I bought it from and the guy just basically fobbed me off and said it's not dangerous, it was MOT'd and serviced before you took it away, I'll fix it but you'll have to pay.

 

He took the car for a drive, with me and my boyfriend in the back and was doing about 70 mph around an industrial estate, going over any pot holes he could find and slamming on every so often (quite scary) and said don't worry I've done this every day for the past 25 years to test drive cars. That didn't exactly make me feel better! At one point he was driving like that and on the phone.

 

That was on Saturday, this morning (Tuesday) I got into my car, was half way to work and the engine light came on saying 'anti pollution fault' this is the last thing I need!!! I have looked at the the Sale of Goods Act and it stated that if anything goes wrong with a car if you have bought it within the last 6 months, the person you bought it from is responsible to fix this.

 

Someone help me please!!! I'm so fed up with things going wrong on this car already!!!

Thanks, Kirsty

Edited by Conniff
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Welcome to the forum Kirsty.

 

During the first six months of ownership, any faults that become apparent are assumed to have been there at the time of purchase and it is up to the seller to prove otherwise.

After six months, it would be up to the buyer to prove these faults were there at the time of purchase.

 

Don't talk on the phone to the dealer unless you can record the call. If you have face to face meetings, then have your mobile in a nice position where you can record the conversation. You don't have to tell them they are being recorded.

 

Unless the faults were pointed out to you at the time of purchase, then it is the responsibility of the seller to fix.

 

Drop him a letter saying you have taken advice and under the SOGA the car is not of satisfactory quality and reminding him of his responsibility.

 

Any letters sent through the post should be by recorded delivery.

 

Email is a legally recognised way to correspond, so it might be quicker to do things that way if you can.

 

Lets see what he comes back with.

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I am a trainee solicitor so can get legal advice from my boss, he's not back in work until tomorrow so was wondering if anyone could give me any sort of advice.I have spoken to Trading Standards anyway so hopefully getting sorted.

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Yeah that it what they said when I rang Trading Standards, I had looked at the Sale of Goods Act previous to going back to the garage but now it has been stated to me that even though I have a warranty for the engine and gear box, it's just an extra and I still have rights! Which has made me feel a little better! Now all I have to do is write a letter to them and wait for a reply. I do love a good complaint! Haha! Thank you for your help :)

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Sorry Conniff, I didn't see your reply for some reason! I'm rubbish with these forums!That is exactly what Trading Standards have said to me so I am going to write a letter this afternoon and send that to him to see if he gets back to me. I was told that if any recording are made I have to make the person I have recorded aware? I am trying to get the advert from Auto Trader to look at as I'm sure it said on it that there is a full service history, however there isn't! Thank you very much for your help, fingers crossed it goes my way and I get the car repaird or my money back!

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You do not have to make them aware of being recorded unless you intend to submit that recording as part of your defence in a court. Any recordings are for your own personal use but a note can be added to your defence that a recording does exist. It would then be up to the court to ask for a transcript if they think it would help.

 

Please try and get hard copies of anything that is being said.

 

If he refuses to put it right at his cost, then you should take it to a Peugeot dealer for checking and a quote to bring the car up to a

state of satisfactory quality. You can then send that to the seller and tell him that if he should refuse to repair the car, you will take

it to the main dealer and demand a refund of the cost from him.

 

Edited to add:

 

A warranty of any kind is always an 'extra' to your consumer rights. Your rights can never be taken away from you, in fact you can't even sign them away if you wanted to.

Edited by Conniff
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