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    • Hello dx100uk, After months of waiting for a response I finally got a reply and I must say it was the worst 4 months of my life the - fear of the unknown. So, they wrote back and said I was in the wrong BUT on this occasion they  would not take action but keep me on file for the next 12 months. It. was the biggest relief of my life a massive weight lifted -  I would like to thank you and the team for all your support
    • I have contacted the sofa shop who are sending someone out tomorrow to inspect the furniture. I suspect if anything a replacement will be offered although I would prefer a refund. Few photos of the wear in the material, this is how it was delivered.  
    • Yup, for goodness sake she needs to stop paying right now, DCA's are powerless, as .  Is it showing on their credit file? Best to use Check my file. All of the above advice is excellent, definitely SAR the loan company as soon as possible.
    • Hi all, I am wandering if this is appealable. It has already been through a challenge on the Islington website and the it was rejected. Basically there was a suspended bay sign on a post on Gee st which was obscured by a Pizza van. The suspension was for 3 bays outside 47 Gee st. I parked outside/between 47 & 55 Gee st. I paid via the phone system using a sign a few meters away from my car. When I got back to the car there was a PCN stuck to the windscreen which I had to dry out before I could read it due to rain getting into the plastic sticky holder.  I then appealed using the Islington website which was then rejected the next day. I have attached a pdf of images that I took and also which the parking officer took. There are two spaces in front of the van, one of which had a generator on it the other was a disabled space. I would count those as 3 bays? In the first image circled in red is the parking sign I read. In the 2nd image is the suspension notice obscured by the van. I would have had to stand in the middle of the road to read this, in fact that's where I was standing when I took the photo. I have pasted the appeal and rejection below. Many thanks for looking. ----------------------------------------------------------------------- This is my appeal statement: As you can see from the image attached (image 1) I actually paid £18.50 to park my car in Gee st. I parked the car at what I thought was outside 55 Gee st as seen in image 2 attached. When I read the PCN issued it stated there was a parking suspension. There was no suspension notice on the sign that I used to call the payment service outside number 55 Gee st. I looked for a suspension notice and eventually found one which was obscured by a large van and generator parked outside 47 Gee st. As seen in images 3 and 4 attached. I am guessing the parking suspension was to allow the Van to park and sell Pizza during the Clerkenwell design week. I was not obstructing the use or parking of the van, in fact the van was obstructing the suspension notice which meant I could not read or see it without prior knowledge it was there. I would have had to stand in the road to see it endangering myself as I had to to take images to illustrate the hidden notice. As there was no intention to avoid a parking charge and the fact the sign was not easily visible I would hope this challenge can be accepted. Many thanks.   This is the text from the rejection: Thank you for contacting us about the above Penalty Charge Notice (PCN). The PCN was issued because the vehicle was parked in a suspended bay or space. I note from your correspondence that there was no suspension notice on the sign that you used to call the payment serve outside number 55 Gee Street. I acknowledge your comments, however, your vehicle was parked in a bay which had been suspended. The regulations require the suspension warning to be clearly visible. It is a large bright yellow sign and is erected by the parking bay on the nearest parking plate to the area that is to be suspended. Parking is then not permitted in the bay for any reason or period of time, however brief. The signs relating to this suspension were sited in accordance with the regulations. Upon reviewing the Civil Enforcement Officer's (CEO's) images and notes, I am satisfied that sufficient signage was in place and that it meets statutory requirements. Whilst I note that the signage may have been obstructed by a large van and generator at the time, please note, it is the responsibility of the motorist to locate and check the time plate each time they park. This will ensure that any changes to the status of the bay are noted. I acknowledge that your vehicle possessed a RingGo session at the time, however, this does not authorize parking within a suspended bay. Suspension restrictions are established to facilitate specific activities like filming or construction, therefore, we anticipate the vehicle owner to relocate the vehicle from the suspended area until the specified date and time when the suspension concludes. Leaving a vehicle unattended for any period of time within a suspended bay, effectively renders the vehicle parked in contravention and a Civil Enforcement Officer (CEO) may issue a PCN. Finally, the vehicle was left parked approximately 5 metres away from the closest time plate notice. It is the responsibility of the driver to ensure they park in a suitable parking place and check all signs and road markings prior to leaving their vehicle parked in contravention. It remains the driver's responsibility to ensure that the vehicle is parked legally at all times. With that being said, I would have to inform you, your appeal has been rejected at this stage. Please see the below images as taken by the CEO whilst issuing the PCN: You should now choose one of the following options: Pay the penalty charge. We will accept the discounted amount of £65.00 in settlement of this matter, provided it is received by 10 June 2024. After that date, the full penalty charge of £130.00 will be payable. Or Wait for a Notice to Owner (NtO) to be issued to the registered keeper of the vehicle, who is legally responsible for paying the penalty charge. Any further correspondence received prior to the NtO being issued may not be responded to. The NtO gives the recipient the right to make formal representations against the penalty charge. If we reject those representations, there will be the right of appeal to the Environment and Traffic Adjudicator.   Gee st pdf.pdf
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Kevin Adey Car Sales, Tockwith, York -taking 2nd hand car dealer to small claims court - help please***Paid in full***


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Hi All

 

 

I bought a 2nd hand Nissan X trail on 13th January from a local dealership. On 6th February I reported to the dealer that the car was making a loud noise from under the bonnet and that the engine management light had come on. We agreed to send it to my local Nissan dealership for them to run a diagnostic check. They diagnosed the fault code as an EGR fault and said that the noise could be coming from a worn turbo. They advised replacing the turbo and intercooler.

 

 

After speaking with the dealership I bought the car from, I returned the car to them to investigate and they diagnosed a worn turbo which they took over 2 weeks to replace. They acknowledged the EGR fault, but did nothing to rectify it as the engine management light had gone out.

 

 

Upon receiving the car following the new turbo, the noise was still there. I reported this again only to be told its to be expected with a car of this age and mileage. Over the past 3 weeks the noise has gotten worse and the engine management light has come on again. I have had 2 garages look at the car for me in the last few days and both say that the gear box is shot and that the EGR fault is still there and the EGR valve needs replacing.

 

 

I have written to the dealership rejecting the car under the Consumer Rights Act 2015, but after speaking to them this afternoon I fear that they are just going to ignore me and try to fob me off. He is all ready talking about trying again to fix it.

 

 

Do I have to accept this? or is there anything I can do to force the refund?

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I think that you should start off naming the dealer.

 

It's a shame that you didn't exercise your short-term right to reject in the first 30 days. This would have given you an automatic right to return the car.

 

Now you are exercising your limited right to reject which means that you must give them one opportunity to repair the vehicle as long as you exercise your right within the first six months of ownership.

 

Although they have already had an opportunity to repair, it seems to me that because you haven't formally exercise your right, you should do so in writing and give them a final opportunity to repair. If they refuse to do so or if the repair fails then you are entitled to a replacement or refund.

 

From what you say, the dealership – so far unnamed – are refusing to honour your consumer rights. In that case, your only option is to send them a Letter before Action giving them 14 days to pick up the car and to refund you or you will begin an action in the Small Claims Court and without further notice.

 

I'm assuming that you paid less than £10,000 for it.

 

Only make the thread if you intend to carried out. If you don't intend to carry it out then frankly if they stand their ground and there will be nothing that you can do.

 

Assert your right. Give them the one chance. Then issue the letter.

 

On the basis of what you say, your chances of success are much better than 90%

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  • 2 weeks later...

I have had nothing back in writing from the dealership (Kevin Adey Car Sales, Tockwith, York), but I have spoken to him on the phone several times. the car has been sat at a garage after the dealer requested further diagnostics. It has now been identified as s the timing chain making the noise and I have been advised that its ready to fail. The garage cannot get the car booked in for 2 weeks and want £1200 for the work. After speaking with the dealer, he is offering to pay half of this cost, but no more. He will also not provide a courtesy car/hire car for the period whilst I am without the Nissan.

 

 

I now have the car parked up in the drive at home and without a car and am looking at sending a letter before action as its been over 2 weeks since I sent the original rejection letter.

 

 

Before I send the letter am I right in thinking that under the consumer rights act, it is up to the dealer to pay the full cost of the repair. He is trying to tell me that he doesn't have to pay anything and that by offering to pay half he is going above and beyond his obligations.

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  • 3 months later...

Earlier this year I purchased a Nissan X-trail from a 2nd hand car dealership. The vehicle was 11 years old with 138,000 miles on it, but was described as in excellent condition.

 

 

Within 3 weeks of collecting the vehicle the engine management light came on and the car was sounding very rough. After reporting it to the dealer it was agreed that I would take the car to my local Nissan garage for them to diagnose. They diagnosed that the EML was due to an EGR fault and that the noise could be due to the turbo been worn. They also advised that the intercooler was leaking oil and required replacement or the turbo & intercooler.

 

 

The seller took the car back for 3 weeks and fitted a new turbo, but claimed the EGR fault was non existant and the intercooler was fine. The day after I got the car back, I reported the noise was still there, but was told it was a 11 year old car and that they make noises. Over the next 3 weeks to noise got worse and the engine management light re-appeared, so I got it looked at by 2 different garages for them to diagnose the EGR fault is still present and that the noise is due to the timing chain about to fail. I then rejected the car under the Consumer Rights Act 2015 but the dealer refused this and instead offered to put £600 towards the repair bill, but I would have to arrange all repairs etc. I was quoted £1200 alone for the chain, plus an unknown sum for the EGR fault as it needed more investigating. Add to this the fact that the Intercooler is still leaking and I pushed for a refund/rejection but the dealer wouldn't budge.

 

 

I have now filed a small claim against the dealership (named the dealership and the owner as he is a sole trader and not a limited company). I have the following evidence to supply when it goes to court.

 

 

Copy of receipt & report for diagnostics work from local Nissan Dealership.

Report from another garage of investigation work they undertook and their diagnosis of EGR fault and timing chain issue.

Quote from 3rd garage for cost of repair for timing chain.

 

 

As I am new to this whole thing and have never had to make a claim before, is there any other evidence I may need? Also do I need to quote relevant sections of the Consumer Rights Act / supply copies as evidence?

 

 

Thanks in advance for any help.

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Well done on actually making the claim. Many people don't.

 

Please will you post up a copy of the claim that you file – in PDF format.

 

I'm assuming that you have had no acknowledgement or defence yet.

 

How long ago did you file the claim?

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I think that you should start off naming the dealer.

 

It's a shame that you didn't exercise your short-term right to reject in the first 30 days. This would have given you an automatic right to return the car.

If the buyer notified the seller of the fault within the first 30 days, doesn't the "Right to reject" get suspended until the fault is rectified? I think it is know as the "waiting period". Perhaps the vehicle is still within the 30 day rejection period?

 

If the buyer requests a repair or replacement in the 30 day period, the time period stops running during the "waiting period" while the goods are being repaired or replaced. That waiting period begins with the day on which the buyer requests or agrees to the repair or replacement of the goods, and ends with the day on which they receive the goods back. The buyer then has 7 days in which to reject the goods or, if later, the original time for exercising that right, extended by the waiting period.

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mariner51 said:
How old is the vehicle?

How long have you owned it?

What is current mileage?

 

 

 

Its got 140'000 on at the moment and is 11 years old.

 

BankFodder said:
Well done on actually making the claim. Many people don't.

 

Please will you post up a copy of the claim that you file – in PDF format.

 

I'm assuming that you have had no acknowledgement or defence yet.

 

How long ago did you file the claim?

 

 

The claim was filed a month or so back. The seller has entered a defence. The court have set a date for in October.

 

I am away from home at the moment, but will upload the court claim form when I return.

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Copy of the claim form should be attached. Do you want to see a copy of the defence the seller has filed?

 

Yes please.

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Please see below for the defence that the seller has filed.

 

I believe I have worked with Mr ??????? over the past four months to resolve any issues following the purchase of the Nissan X-Trail and dispute his right to a full refund.

 

All vehicles sold by Kevin Adey Car Sales come with an up-to-date MOT and are fully serviced before customer collection. Mr ??????? also gave the car a thorough test drive before purchase. At no point throughout the MOT, test drive and service did there appear to be any unusual noises which could have revealed any issues with the Exhaust Gas Recirculation Valve (EGR), timing chain or turbo. Had there been a problem with the EGR when the car was purchased, it would have failed its MOT.

 

Used vehicles are also sold on the understanding they are subject to levels of wear and tear commensurate with their age and mileage. The agreed sale price of £3300 reflects the fact the above Nissan is 11 years old and had done more than 135000 miles as at January 13 this year. Like the majority of 2006 cars with a relatively high mileage there is also the chance certain parts may need replacing due to natural usage levels.

 

I have always endeavoured to help customers if it transpires there is a particular issue with a vehicle purchased from Kevin Adey Car Sales which was not present at the date of sale. On being contacted by Mr ???????? on February 6 this year regarding a noise from under the bonnet - and following subsequent investigation by Trenton Nissan in Hull - I took the vehicle to Tockwith MOT Centre for further examination.

 

They carried out checks on the turbo/EGR and found excessive play in the bearing in the turbo so it was replaced with a new unit. After a further on-road test, this resolved the issue while no warning lights indicating an EGR fault appeared. The £200 bill for the checks and repair as well as the £650 cost of a new turbo were paid by myself. To minimise inconvenience to Mr ????????, I lent him a car while the Nissan was being repaired.

 

I heard nothing further until March 28, 2017 when I was informed Mr ??????? wanted to reject the vehicle and receive a full

refund due to what was believed to be an issue with the EGR and the timing chain. Had there been a problem with the EGR when the car was purchased, it would have failed its MOT.

 

I subsequently offered to work with him to resolve any problems - even though the faults became apparent several weeks after sale - and after speaking to the Engine Repair Centre in Hull agreed to pay £600 towards the cost of replacing the timing chain. Mr ??????? was not happy to accept this offer which I confirmed in a letter to him in May, 2017.

 

After already spending £850 on repairs in February following Mr ???????? purchase and collection of the vehicle as well as

offering £600 towards subsequent repairs, I believe I have done more than enough to resolve these issues and feel he does not have the right to a full refund of his purchase price.

 

By working with me, he means he has had me run around several garages trying to get the issue diagnosed. I have paid all diagnostic fees and when asked for reimbursement was told no.

 

He also fails to acknowledge that I reported the engine was still making a noise and running rough the day after I got it back from the turbo been replaced (I have email proof of this, including his reply).

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  • 2 months later...

Well we had a day out to the court yesterday. The seller turned up, but the Judge found in my favour. She has given him 14 days to pay what is owed and to collect the vehicle.

Do I now just wait to hear from the seller and if nothing has happened after 14 days, escalate it upto the high court enforcement officers?

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Well we had a day out to the court yesterday. The seller turned up, but the Judge found in my favour. She has given him 14 days to pay what is owed and to collect the vehicle.

Do I now just wait to hear from the seller and if nothing has happened after 14 days, escalate it upto the high court enforcement officers?

 

Yes :-)

We could do with some help from you.

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Yes you will receive a Notice of Judgment in your favour with the payment deadlines

We could do with some help from you.

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Well done miley..thread title amended to reflect the outcome.

 

Please consider making a donation to help us to help continue to help others.

 

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 OTHER

 

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  • BankFodder changed the title to Kevin Adey Car Sales, Tockwith, York -taking 2nd hand car dealer to small claims court - help please***Paid in full***
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