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    • Yes I understand that, my point is why is the account still be reported on 6 years after the default date has passed regardless of the SB date.   The default expired 4th November, Cabot put a query on the account the 7th November so it is still showing in my history, my question is why are they doing it?        
    • You will have to go to court to get an order  and once that is doen then you both have to abide by it. The actual form filling is not complicated and the first court session doesnt actually make any decisions and you will be advised to reach an agreement that can then be set in stone by the court.   the father has a right to "contact", but this is not the same as having the right to demand a particular set of visits, stopovers etc so decide what you want, and how this is practical and then ask that the contact be limited to this. for example if you work your contact will all be gettinmg them up, feeding them, putting them to bed and have no fun time at weekends if has has them then. The courts will do what is in the best interests ogf the child so you need to stop being jealous of their love for their father and dont try and use the system to punish him or the children. If he was abusive or controlling them read up on the serious crimes  act  2015 about controlling and coercive behaviour and see how amny fo the examples fit his behaviour and use that to get the courts to set lterms that  limit that behaviour instead of using the children as the tools.
    • Does anyone know if a person has the right  to use a lay representative in the family division of the county court? the wording of the Lay representatives(right of audience) order 1999 refers to a county court and stage 1 or tier 1 proceedings and Scots law have a form to fill out for such representation but it isnt clear whether the english system has such a clearly defined right of audience. The MoJ mentions it in some discussion papers as though it is hard and fast but in other documents  it is McKenzie Friends who are written about as if they are the only people allowed other than sols/barristers.   reason why lay rep needed is they can speak and the other side cant object where with McKenzie friend they cant speak on behalf of claimant/respondent and the other party can object to that person being present- which will happen  in this particular case. Ultimately it may well be a discretionary power of the judge but dont want to start off with a bad step.
    • It seems as though the solicitoras want to keep hold of this payday and will do anything to churn it ( make money by continuing an action that isnt in the clients interests).   The land registry will have the record of who paid for the property and how so you will be in the clear on that as you didnt just take the place over, you bought it from the estate of the deceased.   now it seems like your mother is struck by regrets/remorse over her inability to take over the property at the time and what tends to happen is that relatives will sit there and say bad things about the person who they see is the beneficiary of their misfortune and then get into a feedback loop, each reinforcing the wrong opinion of the other.   Your attempts to sort things out logically ahs tempered this somewhat so do continue and keep clear of their  lawyers at all costs, they will just keep the meter ticking over and bring the negative thought back to the surface.   your parents will already be about 2 grand a day down on anything the sols have done so try and get them to  look back to the mess that her father's death left them in and amke it clear that at least the house is still in the family and that she has benefitted from that by receiving money at the time that otherwise she wouldnt have got.   If that still causes friction then I would still write to them rather than responding to the solicitor, the lesson they will learn will cost them less and when the sols have moved on to the next client they will have not lost so much of what they still have left.   Ultimately if they do actually issue proceedings you can ask for the claim to be chucked out as having no merit etc by showing how the place was bought. I do struggle to believe that people dont know who their mortgage was with even after all of this time,  same as I find it odd that people suddenly find details for accounts with tens of thousands in that they had forgotten about. You can find out as again it will be in the Land registry entry for most properties that had a mortgage
    • A claim was issued against you on 30/07/2019 Your acknowledgment of service was submitted on 31/07/2019 at 18:14:49 Your acknowledgment of service was received on 01/08/2019 at 08:05:52 Your defence was submitted on 30/08/2019 at 23:17:46 Your defence was received on 02/09/2019 at 01:06:05 DQ sent to you on 27/09/2019 DQ filed by claimant on 27/09/2019 You filed a DQ on 23/10/2019 Your claim was transferred to BIRMINGHAM on 14/11/2019
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Buel10

Bought new car:Sluggish so want refund?

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Hi all.

A friend of mine bought a second hand car from a car dealer last Friday (4th) after taking it for a test drive. Unfortunately, the more he has driven it, the more he realises that the performance is not what he thought it would be.

 

Can he take the car back and get his money back?

 

Thank you, all.

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Hi all.

A friend of mine bought a second hand car from a car dealer last Friday (4th) after taking it for a test drive. Unfortunately, the more he has driven it, the more he realises that the performance is not what he thought it would be.

 

Can he take the car back and get his money back?

 

Thank you, all.

 

Not at the moment. If there is a fault with the car, he needs to give the garage a chance to have a look at it and fix. There might be a number of reasons for performance issues.

 

In some cars, if the fuel level is below a certain level, the engine management system reduces performance to extend range left. So it might not be a fault. Or the car is just not living up to expectations and there is nothing wrong with it.


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Thank you.

Regarding giving the garage chance to have a look and fix it, I've just read this, is this correct:

 

The Consumer Rights Act 2015, which replaces the Sale of Goods Act next month, allows consumers to ask for a full refund in the first 30 days of buying any product that subsequently turns out to be faulty - including cars.

 

This legislation, known as the 'early right to reject', replaces the previous requirement for retailers to only repair or replace a faulty item or part, rather than the entire product.

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only if faulty you have stated yourself in para 3


:mad2::-x:jaw::sad:

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I guess the definition of 'faulty' is the key.

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If the performance of the car is especially poor when carrying 3 passengers but was told that it would be fine, does this count as mis-selling?

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No.

 

I think your friend has just decided they don't like the car.

 

If they want to prove a fault, take it to a garage where performance can be checked. Does not cost too much.


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Interesting stuff off the Which site:

If something you buy is not as described, or the seller is guilty of misrepresentation, you're entitled to:

 

give the second-hand car back and get your money back

ask for compensation if you want to keep the car (usually the cost of any repairs it needs).

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After a chat to my friend today, he tells me that the performance with four people in the car is awful when he was told that this would be fine.

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After a chat to my friend today, he tells me that the performance with four people in the car is awful when he was told that this would be fine.

 

Define "fine"?!

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Not sluggish - the it'd perform well.

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make and model, year and mileage of the car?

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Peugeot 2008 (that's the model, not the year) Allure, year: 2015.

I'll find out the mileage....

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Also find out the engine type. They run from a 1.2 l 3 cylinder petrol which could struggle with 4 reasonably sized passengers, to a grunty diesel that should perform well.


My time as a Police Officer and subsequently time working within the Motor Trade gives me certain insights into the problems that consumers may encounter.

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It's the 1.6 HDI and has done 20,000 miles. Unsure of which variant though - it seems that there's three different variations, each with a different hp.

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I have the same make and model from Dec 2015 with 14k miles on the clock. If it is from 2015, it is still under the manufacturers warranty of 3yrs-unlimited mileage. Qne thing to note; if it is the diesel version, make sure that there is sufficient AdBlue (fuel additive - google Adblue). This needs to be topped up from time to time and the refill tank is in the boot under the spare wheel.

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Thank you for this.

My friend has met resistance from the garage - does anyone know the contact details of Peugeot's Press office?

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Not sure why Peugeot would be interested. Someone bought a car, they decided they did not like after driving it for awhile.

 

If the performance of the car is within the general range Peugeot state in their details for the car and there are no faults, then there is no reason for a Peugeot dealer to offer refund or exchange.

 

The advice is to get the car checked for any faults by another garage and if there are any faults, then there is more leaverage with the Peugeot dealer.


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I think your friend is approaching this issue in the wrong way. He "feels" the car is sluggish. Why not just return it to where it was purchased and ask them nicely to investigate the problem. Talking about the Consumer Rights Act with a view to returning the vehicle or calling the manufacturers press office is a wee bit premature in my view.

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Your friend was offered a test drive, accepted and then decided to buy the car. If a key factor in that decision was the car's performance with 4 people in it, why didn't he test drive it with 4 people in it?

 

As far as I can tell from your post you don't actually allege a technical fault with the car, only that it doesn't have the performance expected. I can't imagine how that's the garage/sales person's fault.

 

There is no way the salesman could know how heavy any potential passengers are anyway, so any comment on how well a car will perform laden with people is pointless. Then there's Ganymede's point; is 'fine' to you different in comparison to my definition of 'fine'?

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