Jump to content


  • Tweets

  • Posts

    • I have read everything about these cowboys but need a little advice. I was issued my fine on 9/12/19 but only received a dated letter on 11/01/20.   Ive had all the threatening letters from DRP and now Zenith and ignored them all. My wife was driving our car but yet its my dad who's getting all the letters as he's the registered owner. They managed to get my number and rang me today, I busted them for being the same company but the guy on the phone was super aggressive. I said to him Ive spoken to Trading Standards and they told me by law a ticket has to be issued within 14 days of the offence. But as you can see it was over a month, I said this to the aggressive dude on the phone who actually knew way to much about parking fines. So I think they are actually under the same umbrella as VCS also.   He was firing back that the law doesn't state that and I should look at 2012 laws or something and the DVLA, and it takes time to get my details from the DVLA to issue my charge????   Does this mean anything to anyone pls Regards   Stuart
    • Thanks to both of you, I've PM'd Ericsbrother.   dx - I wonder if you would be able to suggest a couple of hypothetical basic defences that you think would be valid  (just to see if it sparks any thoughts of a different approach I could take)?
    • The CMA has today published further detail on its views on the law in relation to cancellations and refunds during the pandemic. View the full article
    • I am currently putting my claim together on the Money Claim website, if I tick the box:   Do you want to reserve the right to claim interest under the County Court Act? If yes please select 'yes' and complete the following fields. If you wish to claim interest under any other act or agreement please select 'no' and enter the full details of your interest agreement in the box below.   What dates and information should I enter in the attached screenshot boxes? Is it the date I sent the original car rejection letter through? Is the date issuing the claim the date 14 days after sending the Letter of Claim. I have calculated the daily rate of interest using the guide.   Thanks.
    • you sure...i bet you mean registered keeper. else how did they know you were driving?   so this is the only time you've dropped your grandson off there?   CST law are simply a new solicitor on the PPC scene been around a few months now. much like DCB legal.   with regard to what to send them pers i'd not wait       
  • Our picks

    • @curryspcworld @TeamKnowhowUK - Samsung 75 8K TV - completely broken by Currys. https://www.consumeractiongroup.co.uk/topic/426151-samsung-75-8k-tv-completely-broken-by-currys/&do=findComment&comment=5069075
      • 4 replies
    • @skinnyfoodco Skinny Foods. https://www.consumeractiongroup.co.uk/topic/426130-skinny-foods/&do=findComment&comment=5068996
      • 8 replies
    • I’m in desperate need of help
       
      I bought some clothes online in may through Evans and paid through PayPal
      returned them all seven days later
       
      I waited the 14days for my refund and no refund came
      I put in a dispute through PayPal but I didn’t get any emails to escalate the case - PayPal closed it. 
      evans said they couldn’t refund the money because PayPal have cancelled the refund because of the open dispute
       
      I contacted PayPal
      they said the dispute had been closed but Evans at no point had attempted a refund.
      fast forward to today
       
      I’ve got copies of numerous messages sent to and from twitter messages as it’s the only way I can contact them
      I’ve also contacted their customer service too
      all I get is PayPal have cancelled refund because dispute is still open.
       
      I have proved that the dispute is closed
      I have got an email saying that if Evans sent the refund they would accept it
      but up until the date I got the email they have not once attempted a refund .
       
       I have sent them a letter before court email
      I have even offered to have the full refund as a gift card just to get this sorted !
       
      I’m literally at the end of my tether and don’t know where to turn next !
       
      i suffer with mental health issues and this is affecting my health and I’d saved the money for a year to buy these clothes as I’m on a low income .
    • In desperate need of help. https://www.consumeractiongroup.co.uk/topic/425244-in-desperate-need-of-help/&do=findComment&comment=5067040
      • 29 replies

My consumer rights and a "Trade Sale"


Please note that this topic has not had any new posts for the last 1233 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

I purchased a 125cc motorcycle from a local motorcycle dealer two weeks ago.

 

My insurers asked if, to my knowledge, it had ever been stolen, or scrapped; I asked how I would know, and they said that the dealer would know, so I called in to ask.

 

His reply was that as far as he knew it hadn't.

 

The V5C arrived this morning, and is marked "Salvaged because the cost of commercial repair was more than the value of the vehicle"

 

The written receipt that I was given was endorsed "Trade Sale"

 

Do I still have normal consumer rights for a refund, should my insurers turn funny when I ring them on Monday to inform them of this?

 

I assume that the V5C that the dealer had at the time of sale, would have contained the same information as the one that arrived today, and, had I have known, I would not have bought it.

 

I should point out that I am not in the motor trade, nor have I ever been.

 

Sam

All of these are on behalf of a friend.. Cabot - [There's no CCA!]

CapQuest - [There's no CCA!]

Barclays - Zinc, [There's no CCA!]

Robinson Way - Written off!

NatWest - Written off!

Link to post
Share on other sites

I forgot to say that the colour on the logbook states that the machine is blue - it's not, it's black.

 

Sam

All of these are on behalf of a friend.. Cabot - [There's no CCA!]

CapQuest - [There's no CCA!]

Barclays - Zinc, [There's no CCA!]

Robinson Way - Written off!

NatWest - Written off!

Link to post
Share on other sites

Yes, if you never entered into a trade sale with your upfront knowledge, then you have normal consumer rights. The dealer should have told you it was a cat c write off repair, if they knew about it.

 

Your trouble is that the dealer might say they knew nothing about the cat c write off. The previous owner may have fixed the bike and sold or traded the bike into the dealers. But you would then question why the dealer did not have the V5C document. If you have an inurance write off claim, where the insurers pay the write off, then the insurers take the V5C and register the write off. If the owner wants the salvage back from the Insurers, they can buy it back from them, but then have to register again with DVLA for a V5C, which will show the previous write off.

 

Key questions you need to answer

 

Did you pay normal market value for the bike or was it sold for a reduced price ?

 

Was there any notice on the bike about the history of it ?

 

Was the bike in an area of the shop with a notice of trade sale or similar ?

 

How long ago did you buy the bike ?

 

Nb. You will need to notify your Insurers immediately, as the cover may now be invalid.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Link to post
Share on other sites

Thanks for the info UB.

 

I've no idea what the normal price for a 2012 Lexmoto is, they are a fairly cheap Chinese bike, I paid £500 for it.

I'll have a look in a magazine over the weekend.

 

There was no notice on the bike about anything, nothing about the history, not even a price, but I had seen it on their website the previous evening.

 

It was standing on the concrete strip between the shop and the pavement, with one other bike, I think that they do more repairs and mot's than secondhand sales.

 

I bought it on 22 April

 

He presumably had the logbook, because he handed me the green slip that is retained by the seller, although he may not have registered it to his business, as the previous keeper is showing as someone who lives about a mile from the shop.

 

I shall speak to the insurers on Monday, and will not ride from now on, the weather has been a bit windy, and I waited until I had bought a new helmet, (not from him), so I've only done six miles so far, I got it for a runabout, when the weather is nice, and it was to be for Summer only use.

 

At 71, and having got four bypasses, my BMW is now too heavy for me, but I do miss two wheels!

 

Sam

All of these are on behalf of a friend.. Cabot - [There's no CCA!]

CapQuest - [There's no CCA!]

Barclays - Zinc, [There's no CCA!]

Robinson Way - Written off!

NatWest - Written off!

Link to post
Share on other sites

You could ask DVLA when the cat c write off was declared and ownership history. It might evidence that the seller was aware.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Link to post
Share on other sites

should do a full check before you even consider buying it. I usually do a full paperwork check before i see the vehicle, then if i like the look of it and test drive, i do a full check on the car, then part with money

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Link to post
Share on other sites

Yes, you are both right of course, but the fact is, I didn't.

 

I'll be back when I've spoken to the insurers, and see what they say, which will be tomorrow.

All of these are on behalf of a friend.. Cabot - [There's no CCA!]

CapQuest - [There's no CCA!]

Barclays - Zinc, [There's no CCA!]

Robinson Way - Written off!

NatWest - Written off!

Link to post
Share on other sites

Did you get a full HPI report from the dealer before you parted with your cash

 

Goods you buy should always be in a satisfactory condition, defect free and fit for the purpose they were intended when you receive them.

The Dealer saying he did not know it was a previous write-off does not cut the mustard him being in the trade. That is not your responsibility. The only exception will be the bike was advertised for sale as "Sold as Seen"

 

In your position go back to the dealer and ask for your money back, if he refuses send an official letter rejeting the goods under the Sale of Goods Act, Now Consumer Rights Act by recorded delivery.

 

You only have 30 days from time of sale so be quick

Link to post
Share on other sites
The only exception will be the bike was advertised for sale as "Sold as Seen"

 

That wont matter anymore. Consumers have full rights regardless of a dealer saying that. Sold as seen applies to private trades now

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Link to post
Share on other sites
That wont matter anymore. Consumers have full rights regardless of a dealer saying that. Sold as seen applies to private trades now

 

Thanks for the update, that is interesting

 

What about official car auctions?

After all they are trade business companies

Link to post
Share on other sites
Thanks for the update, that is interesting

 

What about official car auctions?

After all they are trade business companies

 

auctions are different due to their nature. For regular car traders, sold as seen is misleading the customer.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Link to post
Share on other sites
Sorry for the 20 questions, but what of the item was advertised then "Sold as seen-Spares or repair" and invoiced as such on the receipt from a trade seller?

 

Then you haven't bought a running, roadworthy vehicle, you bought a piece of metal with wheels and engine attached to it.

Link to post
Share on other sites
Sorry for the 20 questions, but what of the item was advertised then "Sold as seen-Spares or repair" and invoiced as such on the receipt from a trade seller?

 

Thats actually not allowed. Traders arent allowed to use sold as seen or trade sales. Thats why they just scrap them or sell them to breakers.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Link to post
Share on other sites
Thats actually not allowed. Traders arent allowed to use sold as seen or trade sales. Thats why they just scrap them or sell them to breakers.

 

Not correct.

Any trader can sell a car as seen, as scrap, for repair, non running or for parts only.

As long as it is clear from the description that the vehicle being sold is not in roadworthy conditions, then it's up to the buyer to accept or not the deal.

Not long ago a friend bought a vw golf from a dealer because he needed 2doors and interiors.

Paid £450 for it and accepted that the car was not roadworthy.

Saved him a lot of money as the car was same color as his, so he didn't even have to re-spray the doors.

The engine was well gone, but he managed to savage a few bits before scrapping it.

Link to post
Share on other sites
Not correct.

Any trader can sell a car as seen, as scrap, for repair, non running or for parts only.

As long as it is clear from the description that the vehicle being sold is not in roadworthy conditions, then it's up to the buyer to accept or not the deal.

Not long ago a friend bought a vw golf from a dealer because he needed 2doors and interiors.

Paid £450 for it and accepted that the car was not roadworthy.

Saved him a lot of money as the car was same color as his, so he didn't even have to re-spray the doors.

The engine was well gone, but he managed to savage a few bits before scrapping it.

 

In terms of consumer law that is correct, but i thought there was some law in regard to sale of salvage vehicles to the public. A trader can't offer for sale a vehicle without an MOT e.g salvage write off. The trader can sell onto another trader, but not the public.

 

In the OP's case, there is no mention of the bike not having an MOT or being unroadworthy. It is simply the case that the trader never mentioned the bike was a repaired write off.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Link to post
Share on other sites
In terms of consumer law that is correct, but i thought there was some law in regard to sale of salvage vehicles to the public. A trader can't offer for sale a vehicle without an MOT e.g salvage write off. The trader can sell onto another trader, but not the public.

 

In the OP's case, there is no mention of the bike not having an MOT or being unroadworthy. It is simply the case that the trader never mentioned the bike was a repaired write off.

 

Yes, in fact we drifted off topic.

Sorry op and moderators 😊

Link to post
Share on other sites

was the bike offerd for sale throughthe shop in the normal way- iestanding there with other bikes witha price tag on it?

If not did you have to ask to see it because you were looking for something cheap for example or were you invited to inspect it- say outt he back?

If it was in the shop the same as all the other stuff up for sale then the trader is misrepresenting it to start off with. There is a common law fraud of uttering which is misrepresnting things by false documents and that could be as simple as the price label on the bike as that wouild suggest that it is of merchantable quality and fit for purpose. Wouldnt matter what the receipt said if this wasnt all explained to you properly at the time BUT that leave a lot of room for "he said she said" type argument.

Link to post
Share on other sites

Having had a proper look at the receipt, it seems that it is not marked trade sale, as I thought, he mentioned the term trade sale when we were outside, looking at it, my mistake - sorry.

 

My insurers tell me, after leaving me waiting for quite a few minutes on the phone, that they are prepared to let the insurance stand, provided that I can supply an engineers report, stating that everything is OK, and that the machine has been repaired correctly.

 

I suspect that the dealers mechanic was not involved in any repairs, and that the previous owner may have had it done elsewhere, or possibly repaired himself, I am unable to find anybody at home there, so I cannot ask, and time is ticking by.

 

The insurers state that a report shouldn't cost me anything to obtain, but I'm a bit dubious about getting the dealer to produce one -that's a bit like asking your barber if he thinks that you need a haircut!

 

So, I intend to visit the dealer, and request a full refund, and he will need to make arrangements to collect it, he delivered it to me originally, and I dare not ride it the seven or eight miles to him, as I might not be covered in the event of a mishap.

 

The young lady at the insurers tell me that I can ride it whilst obtaining the report, and if something were to happen, I am quite certain that they would attempt to wriggle out of it, so it stays securely chained to the floor anchor in my garage, until it is collected.

 

Thanks for all of the information so far, I will report back...

 

 

Sam

All of these are on behalf of a friend.. Cabot - [There's no CCA!]

CapQuest - [There's no CCA!]

Barclays - Zinc, [There's no CCA!]

Robinson Way - Written off!

NatWest - Written off!

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...