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    • Thanks. So effectively you paid by cash. Please follow the link to understand your position when you pay by cash or you paid by bank transfer for a used car or anything else. Of course it's a bit late now – but you should bear in mind in the future and other people who visit this thread will also benefit. The dealer says that you were provided with a copy of the warranty. I think it would be worth asking the dealer the date upon which this warranty was emailed to you. In the meantime, your statutory rights will help you to the extent that you are entitled to buy an item – even a second hand car – which is of satisfactory quality and remain that way for a reasonable period of time. What is "satisfactory quality" depends on all of the circumstances of the transaction. Although this car was very cheap, it was comparatively low mileage for a car of that age. It seems to me that for it to pack up so seriously after only about eight months of ownership and only 200 miles or so, that it was not satisfactory quality. You have had some benefit from it. Even though you only drove for 200 miles or so, that was your choice and you could have driven it more if you had wanted – even though this might have meant that the gearbox would have packed up earlier – but you will never know. We will say that you have had eight months of benefit from it.  This means that you wouldn't be entitled to recover 100% of the purchase price. You would be entitled to recover a reduced some to reflect the use you have had from the cart. If we say that a car of that value/age/mileage should normally have lasted you for, say, three years without any serious defects emerging, then we can say that you have probably had something like about 30% of the use. This would suggest that you would be entitled to recover about 65% or so of the purchase price. In principle this would mean that you might be justified in thinking about claiming about £1700. Of course we don't know what the warranty says. Whether it really does exclude work on automatic gearboxes. The reason it will be interesting to see the warranty and to understand what it provided for is that there is an outside chance that instead of relying on your statutory rights, we might be able to say that as you didn't know what the warranty was about, you are reasonable in assuming that it covered automatic gearboxes. Did you pay an additional sum for the warranty? Or was it part of the deal? I think we need to know more about the cost of repairs to understand whether a repair would cost less than £1700 in which case it might be worthwhile claiming for that – or whether a repair would cost more than £1700 in which case it would make economic sense to recover the £1700 and then move on. So I think that we need to understand when was the warranty apparently sent to you? We need to see the warranty. We need to understand what the cost of repairing the vehicle might be.  
    • With only 12% of Tesco Bank current accounts used as primary accounts, the organisation will discontinue this service from 30 November 2021View the full article
    • Roughly it’s only done about 200 miles since I’ve had it . It was a cash loan and then we bought the car with the cash . 
    • Please notice that I've restructured your post in order to introduce spacing to make it more readable – especially on a small screen. So you bought a car and even before you collected it you had to pay an extra £240 to have a cam belt replaced. So we can say that you paid about £2700 for the car. How many miles has it done since it was bought? Are you able to tell us? When you say you took a loan out for the car, was the loan specifically provided by the lender for the purchase of the car? Or was it a cash loan and you then went on to spend the cash on the car?   Also do I understand that the dealer is proposing to sell the car for a certain amount of money and then to help you buy a new one with you making up the difference from your own funds?
    • Had the cam belt changed before we collected it on 3.12.2020. We stated we never had a warranty and he said oh it should’ve been emailed to you. But I never had it.  Fault is , when driving in auto it switched into manual ( which has only 3 gears ) when you turn ignition off them back on it goes back into auto but happens again after a while and on the display it says check gearbox and a spanner comes up. We took it back to garage they drive round in it all week apparently and it never happened so we had it back and then it then started juddering and cutting out completely and i took pics this time of the error message . Took it back to garage and he said it was the actuator. The car is still at the garage as not sure how to process further . My partner took out a loan for the car but paid on his card . 67,611 miles when bought and I’ve hardly driven it . 
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unknown Motortrades online advert bill CCJ - help set aside please


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had a CCJ against me granted 21/3/13

 

I was unaware of this until recently (mortgage app)

 

I requested details from the courts and was sent a copy of the claim form.

 

Read through the claim and realised what it's about.

 

I spoke to a salesman early 2013 who had cold called me about advertising my limited company.

I agreed to a free advert mock up rtf and if I was happy I would then sign agreements etc.

I never approved the advert in the end due to cost and projected return.

Claim was entered against me personally not the limited company.

 

I have sent a n244 to get it set aside.

I have received a response saying they have sent it to Birmingham county courts to be dealt with.

 

On further research it seems the company who brought the action against me has collapsed and as such I doubt there be a response to the application.

 

My question is

1. How would them not responding affect the application.

 

2. Should I need a defence what would be the best way to word it.

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We have had lots of instances on this forum about this kind of fake advertising. Generally speaking you will find that they have scarcely any circulation and their alleged contracts are mainly invented.

 

If you look around the Internet, you will find that this kind of stuff has been featured in the media quite a lot and am pretty certain that there was something on the BBC recently about one of these companies failing and maybe even some prosecutions.

 

Please will you tell us the name of the company – or do you want to protect them? Also, I suggest that you post up the claim form in PDF format and a copy of the N244 that you used.

 

It's a pity you didn't come to us first.

 

However, I would say that the set-aside would be pretty well automatic if the company doesn't make any representation. If they have been wound up then they certainly won't respond and you shouldn't have any worries.

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Thread moved to General Legal Issues.....please continue to post here to your thread.

 

Regards#

 

Andy

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Plenty of form for this lot around the internet

Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

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Off topic posts removed and thread tidied.

 

Regards

 

Andy

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 The National Consumer Service

 

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