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    • In their draft application to the court they state that their Letter of Claim listed the proper three invoices.  Is this true, or are they lying?   As for replying to them, hang fire for the moment, see what people who have dealt with this sort of thing before have to say, there may be a way to oppose their application or at least make them pay a hefty sum to the court for granting it.
    • but the other debts are part of this big picture and its eventual solution a rough idea will help.   if if if they ever get another powerless repo/dca involved, they will tell you well in advance.   help us please
    • to do what they are powerless...   you like 10'00'000 of other s jump because a dca says this or that a DCA is not a bailiff and has zero legal powers on any debt no matter what its type.   another one of your issues is following stupid freeman of the land twaddle. very dangerous.don't   moorcroft dont by debts they only act for clients.   as long as you don't run from debt and insure the debt owners or 'the client' has from you a letter which states your correct and current address or you did so to the Original creditor before any sale or your haven't moved since taking 'the credit' out you are safe from backdoor CCJ's to an old address.   sit on your hands and see if the owner of the debt want to issue a letter of claim. if they do  you return here   A CCJ - which is the only tool they have - because just like us joe public, its the only thing we can legally do if we claim someone owes us money - they have no more powers that you or me
    • That is why I (specifically) said "the lender".
    • eeeh i see ... I just really need a little help, that's why I am here. Being funny does not mean that I am a troll or something and English is not my native language. I just don`t know what to do next, that`s all
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

Likelyhood of trading standards pursuing complaint?


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Ok, 1st post on here so bare with me....

 

Bought a car in mid Feb this year for 3.5k, 6weeks later an engine mount fails and the dealer tries to fob off with "I'll get it fixed for you at trade cost". I use my right to reject and compose a letter to demand it repaired under the CRA.

 

At this point I find out that the dealer xxx motor company, is actually xxxx body repairs (I won't name and shame as we are still in dispute). The sales invoice hadn't included this info and I wasn't made aware at time of sale.

 

If I'd known I was buying from a body repair shop I wouldn't have bought the vehicle. The company director is also his wife, but under her maiden name on companies house. So it took me a bit of FB stalking and 2hrs searching on companies house to even be sure who to reject the vehicle to.

 

I get no responce, so compose another letter, giving more detail on the fault and why I'm rejecting. Then get a letter back from "law firm". Basically saying it's an old car so it'll break down, deal with it. I reply with chapter and verse, an mention that their 'member' did not disclose who they are on the sales receipt along with a request to confirm the milage at time of sale as my invoice says exactly 75,000. So in the eyes of the law I had completed only 150miles.balso for copies of a service check on the vehicle and or pdi as I have no copies given to me at time of sale.

 

They come back two weeks later with, yes the dealer rounded up the milage on the sales receipt! (illegal) And have included a copy of a pdi and service. Turns out the service check was completed after I'd laid down my deposit and taken for a test drive (also illegal) . So he had no idea the condition of the vehicle when he put it on the forecourt, I took a testdrive in what could have been a death trap.

 

At this point Ive already contacted the back for a chargeback. Which has gone into my bank account, but he can still dispute in the next 6 weeks. I've responded to "law firm" with your member has committed a criminal offence(s) and I'll take it to small claims if he tries to refute the chargeback.

 

Due to the severity of the above and flat refusal of liability on the dealers part I've also reported direct to the local trading standards with the above info and evidence to back it up.

 

Now I'm happy to take home to scc if required as I'm 100% I'd get cost of the car back just on the mis selling of the vehicle under the wrong trading name. However, how likely are trading standards to take action and if so how do I find out if they have?

 

He's basically only checking cars after they are sold (if at all as service check sheet could have been completed at any point in the last 4 months), and is pretending his main trade is a car dealership rather than a body repair shop. He could potentially be taking vehicles that have come through the body repair shop, offering customers a part ex and doing a quick fix to what could be prang on a vehicle and then selling on for big profit through the sales site (what I suspect with my car due to the type of fail and his reaction on the phone).

 

Oh and here is the crux, he also didn't include Ltd on the sales invoice (or any other documents) so he or his wife could be personally liable rather that the Ltd company she is director of (there is a case law which proves this).

If I do have to take to scc - who do I serve against? The Ltd Co. He who sold the car and signed the invoice or her who is sole director of the Ltd company?

 

This could end up losing him his marriage as well as business.

Edited by Barlowjc
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.....................

Ok, 1st post on here so bare with me....

 

Bought a car in mid Feb this year for 3.5k, 6weeks later an engine mount fails and the dealer tries to fob off with "I'll get it fixed for you at trade cost". I use my right to reject and compose a letter to demand it repaired under the CRA. YOUR RIGHT TO REJECT IS 30 DAYS NOT 6 WEEKS.

 

At this point I find out that the dealer xxx motor company, is actually xxxx body repairs (I won't name and shame as we are still in dispute). The sales invoice hadn't included this info and I wasn't made aware at time of sale. SO WHAT?

 

If I'd known I was buying from a body repair shop I wouldn't have bought the vehicle. The company director is also his wife, but under her maiden name on companies house. So it took me a bit of FB stalking and 2hrs searching on companies house to even be sure who to reject the vehicle to. SO WHAT?

 

I get no responce, so compose another letter, giving more detail on the fault and why I'm rejecting. Then get a letter back from "law firm". Basically saying it's an old car so it'll break down, deal with it. I reply with chapter and verse, an mention that their 'member' did not disclose who they are on the sales receipt along with a request to confirm the milage at time of sale as my invoice says exactly 75,000. So in the eyes of the law I had completed only 150miles.balso for copies of a service check on the vehicle and or pdi as I have no copies given to me at time of sale. IF THE ACTUAL MILEAGE WAS SAY 74600 AND HE PUT 75000 THATS FINE.

 

They come back two weeks later with, yes the dealer rounded up the milage on the sales receipt! (illegal) NO IT'S NOT And have included a copy of a pdi and service. Turns out the service check was completed after I'd laid down my deposit and taken for a test drive (also illegal) NO ITS NOT So he had no idea the condition of the vehicle when he put it on the forecourt, I took a testdrive in what could have been a death trap. BUT IT WASN'T SO YOU SUFFERED NO LOSS.

 

At this point Ive already contacted the back for a chargeback. Which has gone into my bank account, but he can still dispute in the next 6 weeks. I've responded to "law firm" with your member has committed a criminal offence(s) NO HE HASN'T and I'll take it to small claims if he tries to refute the chargeback. BEST OF LUCK WITH THAT

 

Due to the severity SEVERITY? REALLY? of the above and flat refusal of liability LIABLE FOR WHAT? on the dealers part I've also reported direct to the local trading standards with the above info and evidence to back it up. NOTHING I CAN SEE HERE TO BACK UP TBQH

 

Now I'm happy to take home to scc if required as I'm 100% I'd get cost of the car back just on the mis selling of the vehicle under the wrong trading name. I'D SAY NO BETTER THAN 50% TBH However, how likely are trading standards to take action and if so how do I find out if they have? NOT VERY LIKELY AT ALL IF THIS IS THE ONLY COMPLAINT, MORE LIKELY IF IT IS A TRADER ALREADY ON THEIR RADAR

 

He's basically only checking cars after they are sold and is pretending his main trade is a car dealership rather than a body repair shop. He could potentially be taking vehicles that have come through the body repair shop, offering customers a part ex and doing a quick fix to what could be prang on a vehicle and then selling on for big profit through the sales site HE'S PERFECTLY WITHIN HIS RIGHTS TO DO THAT AS LONG AS HE'S NOT SELLING INSURANCE WRITE OFFS WITHOUT DECLARING IT.(what I suspect with my car due to the type of fail and his reaction on the phone).

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ok, in response to Oddjobbob's now deleted ? quote.

 

 

law regards not including his correct company contact info:

The Company, Limited Liability Partnership and Business (Names and Trading Disclosures) Regulations 2015 section 25 (1), they should disclose appropriated information as set out in section 25 (2)(b)(a)

 

incorrectly writing the mileage on a sales invoice is a breach under the Consumer Protection from Unfair Trading Regulations 2008. It has to be the exact mileage on the day of sale, not one mile under or over. its apparently approx 900+ in my case which works in my favour with the vehicle breakdown and right to reject (for repair, which i requested at the time, not a refund), but neither i nor he knows what the correct mileage is on the day of sale, that's one reason why its the law.

 

Putting the car through mechanical due diligence prior to putting it up for sale or on a forecourt is also covered under Consumer Protection from Unfair Trading Regulations 2008.

Edited by Barlowjc
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HE'S PERFECTLY WITHIN HIS RIGHTS TO DO THAT AS LONG AS HE'S NOT SELLING INSURANCE WRITE OFFS WITHOUT DECLARING

He is, but the point Is had I known his primary business was body repairs rather than car trading I wouldn't have bought from him. Trading under a trading name which is different to your company name is legal as long as you declare it and show it on all company paperwork and especially sales receipts.

It's also an obstruction, as without a company name and number on the sales invoice its more difficult to prove who you are dealing/trading with.

After my letter pointing this out he has subsequently updated his Web site with the correct company info.

Edited by Barlowjc
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You have some good ammunitions.

Firstly, your sale receipt doesn't mention the ltd company so you can go after the person who sold you the car personally.

Secondly, you had a written record of having covered only 150 miles with the car. This was the best evidence that the car was faulty at point of sale, but then you disputed the mileage recorded on the receipt (as far as i understand, please confirm).

Frankly i have seen dealers being economical with mileage record, never record 900 miles more.

Thirdly, your bank is on your side at the moment, so hold tight and remind them of the cra.

Crucial point: What's the make model and year of this vehicle? Price paid?

I ask because if you bought a 1990 car for £100 you would expect for things not to be perfect, differently if you bought a 2 year old car for £20k with fsh.

So please update.

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I didn't dispute the milage on the sales receipt, I just asked the law firm to confirm I'd only completed 150miles. They are the ones disputing it, and have provided admission that the dealer rounded it up.

Im waiting on reply at the moment to see if he'll fight the bank, they issued the chargeback based on supply of faulty goods. The issues on the invoice won't come into play.

 

It was a 10+ year old Vw Touran and approx 3.5k. Which is approx market value for the car considering age and mileage.

My point is that he didnt check if the car was on good condition prior to selling or advertising it he's in the wrong. He may not have known that there was a fault with the car, but thats the issue. He should have checked it over prior to taking a deposit.

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Frankly, and as usual on this site, people who don't know the in's and outs are getting involved and those that do get their posts clipped, edited or deleted. No doubt this one will be too. however, whilst you have a point with a fault your attitude is not going to help you. Frankly given the nature of the fault, it's not a major issue and does not prevent the use of the car.

 

 

Can't see why you're being so aggressive as you obviously know nothing about cars.

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Engine mount failed completely, ie most likely the bolts snapped. The bolts need replacing on this car when you do a cam belt as they are designed to shear in an accident. If you don't replace them and reuse the old ones they can fail several 1000 miles after the cam belt has been changed.

 

As a result the Engine shifted (dramatically, I suggest you Google it), cam belt shredded and clutch went to floor (clutch / gear box issue).

 

Vehicle is undrivable and had to be towed back to the garage.

 

Dealer has had the car 4 months and other than confirming (last week) that the engine mount has failed, has provided any other info in the car.

 

However all of this is irrelevant, as has nothing to do with my question.

Edited by Barlowjc
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Very unlikely to be honest, your case isn't exactly watertight in a lot of aspects. What action do you expect trading standards to take and why?

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I regret to have to inform you that Trading Standards are no longer the consumer's friend that you might believe.

 

They do not get involved in individual cases unless a strong public interest is apparent. They might note it and should they have several complaints against the same trader, look further to see if there is systemic breaches of the Consumer Laws.

 

There is no longer a direct access to Trading Standards, you have to go through your local Citizen's Advice Bureau instead.

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.

I have no legal qualifications.

If you have found my post helpful, please enhance my reputation by clicking on the Heart. Thank you

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