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    • Lastly, I will go to the site to get updated images, but from google earth, you can see from the pictures the entrance states it is for the hotel parking, which I follwed instructions and gave my details to the hotel. Where I think my car was parked (it was that long ago I'm not exactly sure) there are signs on the opposite wall, but it was 12.30am, pitch black and they could not be seen.
    • I was planning on collecting up other court cases they have lost, to refer to as part of my evidence, I'm not sure if this is worth doing or could just confuse matters? But there seem to be many where the judge has ruled against them because of confusing and not clearly displayed signage, trespass, as well as their charge being £100, which is more than the Bevis case said was reasonable.    A quick search found this article as one example KBT cornwall lose case article.pdf
    • OK, I will do now. I did look to black out certain things, but I was not sure what I should and should not redact and there was nothing on there that was personal enough for me to be concerned with being made public. So I am happy for all to view, but if you are kind enough to redact what is needed as per the forum rules, that would be amazing. Armtrak Defence documents_compressed.pdf
    • yes but have the landowner paid this years contract fee. no evidence they have in the ws. pop it back up now if you wish. the forum is quiet i'll redact it for you so we have the info.   dx  
    • Thank you all so much for taking the time to comment and help, I really do appreciate it.   Just to elaborate a bit more on the background, just because my lack of knowledge of the process might mean I've actually done things along the way that I did not know what they were and so hadn't mention it.    When they decided to go to court, I was offered mediation, which I took. I offered to pay the reduced rate, just to make it go away, but insisted it was not an admission of guilt, it was a goodwill gesture to save us all the effort of court. They refused and wanted £250.    A court date was set, but in Leeds, then a couple weeks later I received another letter saying it had been moved to London.   I was not aware I had any say in which court it would be held at, but I now understand i have good reason to request it is moved to a local one to me, which is also local to the offending place, I will call the court tomorrow and explain that. But so far I have only been told what is happening, I've not been given the choice for anything.   They seem to be going down the route of a contract breach, not trespass which is interesting. There is a document in the evidence which has the agreement between themselves which I assumed meant they can pursue me.    I am going to visit the site again shortly, at midnight the time of the offence and take pictures to build a case file of the route I took to enter the car park, how it is in the hotel grounds and no signs can be seen.    Am I right in saying, the fact they do not actually have any pictures of my car in the location they say it was in, just because all of the pictures they have were at 12/30am and it was pitch black, I am going to say my car was parked correctly in the hotel side, not on their land and it is then up to them to prove otherwise, which they are not able to do, because the burden of proof lies with the claimant I think?
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el032810

bought a used car and 1 day later develops a fault with radiator

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I would be grateful for any advice on this,

 

I bought a used car from a garage and

 

 

the next morning I went to use it and

 

 

the engine management warning said there was an issue with the coolant system.

 

 

I called the garage where I purchased it from and

explained that the car was loosing all the water through the bottom of the car.

 

 

They went straight on the defensive saying the car would have to be recovered at my cost

and I would be better off taking it to a local garage to diagnose the problem.

 

 

They stated that the car had a new MOT on day of purchase

so anything that had gone wrong with it was not their problem.

 

 

I'll cut a long story short

 

 

a mechanic diagnosed the problem as a blown radiator

but it took hours of work as the front end of the car had to come off,

so I told him to repair it as I would of had to pay for the work already done as it took hours.

 

 

I have since sent a letter to the garage I bought it from who said he did not authorise the work and is therefore not paying.

 

 

What are my rights in regards to this as the repair cost £700 to put right.

I would really appreciate any advice you can give

Thank you

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If the used vehicle is faulty,

you may have a short time after buying it to reject it for a full refund.

 

 

You are entitled to expect that the vehicle is of satisfactory quality,

fit for purpose, and as described.

 

 

When you buy a used vehicle from a trader you are making a legally binding contract.

 

 

You have legal rights against the trader under the Sale of Goods Act 1979.


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Your decisions and actions are your own, and should you be in any doubt, please seek qualified professional legal Help.

 

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HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

YOU CAN NOW COMPLAIN TO THE OFT ABOUT THEIR CONDUCT UNDER THE CONSUMER PROTECTION FROM UNFAIR TRADING REGULATIONS 2008.

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I am within my rights to ask the garage to pay for the repair?

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What is the make, model and year of the car and how much did you pay ?

Edited by Conniff

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An MOT test pass has absolutely no link with the engine cooling system, any respectable garage should know that.

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What is the make, model and year of the car and how much did you pay ?

 

It's an audi tt Quattro reg 2000 I paid £2600

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If thats the sort of response you got from the garage that sold it, i would get it in for another M.O.T.

 

I wouldn,t trust an M.O.T that was carried out by the garage owners mate. Would be interesting to see what they had to say if it came back as a fail.

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If thats the sort of response you got from the garage that sold it, i would get it in for another M.O.T.

 

I wouldn,t trust an M.O.T that was carried out by the garage owners mate. Would be interesting to see what they had to say if it came back as a fail.

 

Hhmmm maybe worth checking out, not sure where I stand with regards to getting money off them for the repair though

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A radiator can burst at any time. The garage couldn't of foreseen it. If they didn't authorise the repair then you have to pay it. You had to give them the chance to mitigate repair costs, ie do the work themselves. They suggested local diagnosis not repair.

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A radiator can burst at any time. The garage couldn't of foreseen it. If they didn't authorise the repair then you have to pay it. You had to give them the chance to mitigate repair costs, ie do the work themselves. They suggested local diagnosis not repair.

 

I almost agree with this.

 

SOGA says that the seller should have the opportunity to inspect or rectify the car. Defects occurring within the first 6 months are assumed to be present at the point of sale and it is for the seller to prove otherwise. By getting the car fixed yourself has prejudiced a potential claim to recover the entire cost of the repair.

 

However, due to the minimal time scale involved, I think you could still have a case (if necessary) to apply to the small claims court.

 

You should contact the seller and ask him if he is prepared to contribute anything to the cost of the repair. You may have to follow up your question in writing. Let us know what response you get before agreeing to anything.


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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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Not sure how the mechanic came to £700 for the repair. It's a 2 hour job and a rad is only £70.

I work on Audi's every day as my job and that's over double what it should have cost.

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I was going to say all the above, shall have a cuppa instead now.

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Not sure how the mechanic came to £700 for the repair. It's a 2 hour job and a rad is only £70.

I work on Audi's every day as my job and that's over double what it should have cost.



Indeed!
The mechanic who changed your radiator ripped you off in great style.
I changed the radiator on my mate A6 following instructions from the internet and it took me 2 hours and I'm not a professional mechanic, just like to get my hands dirty.
Sorry, but he's done a proper number on you.
No wonder why the garage who sold you the car doesn't want to pay for this repair.

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I think the most you can hope for is to bill him for the true trade cost of the radiator itself and a reasonable amount of labour.

 

 

Ask around other garages in your area and at local radiator repair shops for how much they would charge.

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I would estimate that the garage has charged a tad over double what the actual repair would cost. Maybe an idea to ask an Audi dealership to quote on this job.


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 am within my rights to ask the garage to pay for the repair?

 

Unfortunately you will not be able to prove that they stated to take it to a local garage so unfortunately they probably will not be obliged to pay. I would get a thoroughly check done on the car to ensure that there are no other pending problems.

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whoever charged you £700 for this radiator has certainly done you up as a kipper,I just checked on ebay,you can get a brand new radiator for that model for £38.29,even if you add a decent labour charge on top,say £200,youve been robbed!

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