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    • Mother and father worked here and then went to SA in about 1978 returning to UK in about 1996 and worked here until 2016 when her husband died at age 66.  He was still working at the time.  She then went to live with daughter in SA.  Mother only claims for her pension. 
    • Thanks, I owe the money, no issue with that, I will SAR the company.  If I need to just pay it and have the CCJ for a few years so be it.  Just thought I'd explore all options
    • By the way you wrote that post, i can see that you are as confused by the situation as someone reading it. Important advice must be not to pay for any flights etc, until they understand the situation fully. Those that have British passports could be entitled to receive UK benefits. However, nothing is that straightforward. The passport does guarantee anything. The daughter could be entitled to Universal Credit ( which includes housing) as a British passport holder, but this can only be confirmed when she has gone through the Habitual Residency test (HRT). So you will need to read about HRT for British passport holders returning to the UK. There will be requirements to provide information about why they are returning to the UK and what work searches have they done to find work on their return to the UK. In regard to the mother who has a British passport, you will be correct in presuming that no council is going to be helpful in paying for the care home fees immediately on arrival in the UK. When did the mother last live in the UK ? When did the mother last work in the UK ? British embassy in South Africa may be able to provide information and assist with applications ? Just getting on a plane, landing in the UK and expecting help to resolve their situation, would be a silly thing to do. I can see the mother ending up in an NHS hospital for a period, while people wondered how they were going to deal with the situation. Probably not the first to do this, but if the mother also has a South African passport, they could put her on a plane back to SA and then the Daughter would be a difficult situation. Embassy in South Africa must be first place of advice.
    • There are online forums for people moving from South Africa to the UK. This is one of them.   https://moveup.co.za/2019/03/08/how-to-move-to-the-uk-a-step-by-step-guide/   If you want to speak to a social worker you could try the local council.   HB
    • This is not our issue, but an issue with a friend.  Our friend is living in South Africa and now suffers from dementia and is in a home.  The daughter has been paying for the home however the daughter was made redundant and has a child to support.  Daughter's husband keeps kicking her out of the house with the 3 year old boy and daughter had nowhere to go. The mother and daughter both have British passports.  Mother and father(now deceased) are British born, but daughter was born in South Africa.   The 3 year old was born in in South Africa.  Daughter is now broke and cannot keep the mother in a home any longer.  Daughter wants to return to the UK where she did live for several years previously so had NI number etc. however not sure what she can do with her mother.  The other issue is that the father is trying to get custody of the child so another issue. We, on behalf of the daughter who phoned us this morning, want to discuss with a social worker the options if any that may be open as on arrival here the mother will need to go straight into a home.  We can offer the daughter and child temporary accommodation with us.  Who should we contact? A very complicated scenario that normally we would not involved ourselves with as we are in our late sixties, retired and not that much money in the bank. 
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Janusz1223

Dealers fails to refund for a car with a fake service history booklet-court case?

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Hello guys, I hope you will be able to help/advice me on this one.

 

I bought a a second hand car through the London used cars dealer at the end of July2015. After 31 days I noticed that there are some serious mileage discrepancies between MOT and service history booklet. I phoned all the garages from the stamped booklet and I found out that first six stamps, claiming to be a BMW garages, doesn't exist and that the numbers provided were answered by private people. I get back to the dealer asking for a full refund. It was rejected, given the reason of high mileage done on the car (as I drove on myholiday in that car) and that the car has lost its value etc.

 

During and after that 31 days other things came to light. The car was not like in the dealers description (ie. I discovered that the second key was from completely different car, rain sensors missing, main BMW dealer garage discovered leaks, brake pads alterations and many other faults). But the main issue is that faked service booklet, the dealer doesn't want to take the responsibility for, claiming it was the previous owner's duty to check it(British Car Auctions) not his. As a result, it leaves me liable for it and if I would like to sell the car in the future, which was my plan, It would put me in serious disadvantage position and encounter a money loss if I were to tell the buyer the car has got fake service history.

 

Since the end of August this year I had been trying to make them to accept my offer and get my money (13k) back-but no results so far. They have came back with the ridiculous offer of a refund 11k instead of 13k because of wear and tear of the I am liable for. Or if I drop the claim, an offer of repair of the leaks, replacing missing sensors and an offer of 500£ for missing service history (they do not admit its fake). They hold on to that 3 last worthless stamps are valid and that they are sufficient service history. Two of those stamps are from independent garages (that couldn't say if the car was even seen by them because or what was done, as they don't keep the records of what have been done to the particular car). Last stamp was from the dealers garage and so its worthless. At the time of sale I wasn't aware that the service booklet and its first 6 out of 9 stamps are counterfeits but I bet they knew it from the very beginning.

 

As a result, I couldn't sell my other car, therefore have been incurring the cost of running two cars instead of one (fuel, garaging, taxes, insurance)-so another loses.

Need to mention that the car was bought with Debit Card.The trading standard officehas been involved but not very helpful as at the begining they were absolutely sure I am on the winning possition till yesterday, when I was told that I need to be prepared that the judge might not decide in my favour!

 

I am a the point where I've exhausted all the options for resolving that matter through the polite correspondence. I am just about to write the last letter before court action. The dealer rejected all my previous claims and in the last letter points, or even threatens me, that the judge will order a deduction, in their favour, from the original amount I paid because the car has been used. So I should accept their offer.

What are the chances of winning in the high court with the given arguments?Should I take it to court?And If yes, would I be able to claim not only a full refund for a car but also additional loses, court and solicitor fees I have encountered due to the tardiness of the dealer etc.? Will I have any chance to win without solicitor?

 

I would be be very,very grateful for all your help and suggestions as I am not English and it seems that it also puts me in disadvantaged position.

Thank you in advance! Jan

Edited by Conniff
Paragraph spaces added.

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It's all down to the dealer and nothing to do with BCA.

 

You will have to pay SOMETHING though for the use of the car, I would say £1000 is fair, so accept £12000

 

If they won't have that its an easy win in court, and I very much doubt it will get that far, the dealer would be mad to consider it.

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It's all down to the dealer and nothing to do with BCA.

 

You will have to pay SOMETHING though for the use of the car, I would say £1000 is fair, so accept £12000

 

 

If they won't have that its an easy win in court, and I very much doubt it will get that far, the dealer would be mad to

consider it.

 

Thanks for a reply!Do you think that I am on a winning position here?How they are calculating that amount for usage?the dealer claims it is something like looking at a price for hiring that kind of car..per day...

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I would expect the courts view of a deduction to be based on the reasonable reduction of value of the vehicle from time of purchase until now. For example in July the car was worth £13 k with 60k miles, what would the same car be worth now with its current mileage from a dealer. The difference between these two figures would be seen as a reasonable deduction for the use you received.

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Regulation is on the sellers side here, he is entitled to reduce any settlement for what is called 'enjoyment'.

What is the mileage now and what was it at purchase ??

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I've amended the heading as this hasn't been to county court yet.

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