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    • As I recall the only thing you tried telling us was based on a quote that you selectively edited by Lord James of Blackheath. You misrepresented it as a statement of fact when it was actually a question which was laughed at by his peers in the House of Lords.  We told you it was garbage, you asked us to prove it and we did.   Remember?
    • you need to realise that for every person that does come to CAG and register and tell their story...there are poss 10'000 that don't but search the interweb whereby threads that are here pop up relating to like issues they are searching upon.   Most CAG siteteam and many other registered Caggers give advice that bears this in mind and post information which not only informs the starter of a thread upon what to do, but also takes into consideration the readers from the interweb that also read the relevant advice given that might not be brave enough to register and fess up.   to that end, there is very little alternative than to appear to give 'grief' [you deserve it - tough] to a cagger should certain previous advice not have been followed.....yours is a very classic case of such. hey I've found a backdoor CCJ.   to put it bluntly, had you have followed such previous advice, you most certainly would not be in the situation you are in here now.. .so by example, not giving you grief, for future readers...………..   ...never ever move without informing a debt owner of a move of address on any consumer debt that you last used or paid within the last say 7yrs. your credit file is a major key to ascertaining that information.... .but don't just read this advice come to the consumeractiongroup.co.uk website and let us help.   lecture over... what can you do..or more importantly....what can a claimant do now they have a default forthwith judgement against you. well we can't guess.... they might simply ignore it as 1000's of people with CCJ's find out..but it becomes an issue should you wish to say get a mortgage, remortgage or further credit.   i'm not going to enter into any of that here...that's for the reader to start a thread here and seek advice on their individual situation specific to them as you have done....   so...  bearing the all of the above in mind...over to you with regard to this backdoor CCJ.   as for the other debts that you didn't action before...go read your old thread and action what appropriate advice is given there for each type of debt that has been given should you wish to avoid any further backdoor CCJ's.   dx                    
    • hello my very good helpful friend. I am afraid to say that i did not. As i did not realise the relevance of it.   Should i be doing this right now of anyone on my credit file ?   Plz don't give me grief if u have already advised me...   do i do the ccs request now to everybody in that thread ?    
    • aha busted and stupid ...no wonder you've got mixed information here. never trust anything they say ..they have a very bad reputation for stating the truth.   now can you go get your credit file please..   there are cases whereby a council on historic CTAX debts do go for a county court CCJ, but a liability order from a magistrates court has far more clout legally than a county court CCJ and i've never heard of a court sending a bailiff out for 'multiple' CCJ collection.   me thinks he is pulling the wool here a bit and has looked at your credit file and seen CCJ's too so thought he'd chance his arm and use those as further leverage.   don't worry about the sat visit simply ignore do not answer the door if he appears. your task is too gather data at present.   credit file please..        
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Recently bought an older car for the "Boss" and have had bother with it.

 

Guy I bought from refuses to repair the car which has developed an MOT failure problem on day 1.

 

Seller claims to be a private seller and advertised as such on Gumtree.

 

Found out this guy has a vehicle repair workshop of sorts and sells the odd vehicle mainly sourced from his brother who is a bona fide trader.

 

Am taking him to small claims court if he doesn't pay repair by local garage.

 

Beware motor traders in Kirkcaldy Fife, bearing the same name.

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On the basis of what you say, he is a trader.

 

Make sure you describe him as such on your claim form.

 

Joe Blogs (a trader)

 

And then again in the body of the claim.

 

Also you are entitled to reject the car completely for a defect in the first 30 days


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Depends as to why he had that car in the first place.

 

Chances are he bought it to tart up and sell on but will claim that he bought it for his wife and she didnt like it so sold it on.

as this sort of thing is as old as the hills no judge will be impressed with that so yes, he is a motor trader.

 

However, if it was his car for say a year then he has the same rights as anyone else to sell his personal property

but if the fault was there when you bought it he would have a hell of a job in claiming he didnt know about it,

being a professional mechanic and all that so still liable for making good or risk a claim for misrepresentation of the condition of the vehicle

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I think from a legal point of view is that if the same said person can be proved to have sold more than 6 vehicles over 6 months then they are deemed to be a trader. I can't remember the exact numbers that trigger it.

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I'd love to see a link to the authority for this - but in the meantime I think that this is wrong.


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Well here's a start.

https://www.autotrader.co.uk/sell-my-car/frequently-asked-questions/trade-seller

 

And here's another perhaps a bit more informative.

https://www.pistonheads.com/gassing/topic.asp?h=0&f=23&t=1085769

 

Whilst neither is official it does suggest that over 6 cars in a year and the sellar would be considered a trader.

 

And here as well:

http://www.tradingstandardswales.org.uk/prosecutions/2015JanMerthyr.cfm

 

Now this article is interesting as it implies a sale of approximately once a month is considered a trader as I originally pointed out and is a report on an official trading standards case.

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Thanks guys. Fault is the coil pack which illuminated the engine management light----an MOT failure.

As you all know, this light can be temporarily put off by a computer----enough to not show at point of sale.

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2 “Trader” means a person acting for purposes relating to that person’s trade, business,craft or profession, whether acting personally or through another person acting in the trader’s name or on the trader’s behalf.

 

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?448203-2-Key-definitions-*

 

In previous legislation, the definition is referred to someone who deals in the course of business. This has always been interpreted by the courts is not being only the person's principal business, but in the course of any business.

 

For instance, a restaurant might sell off some of its equipment. Clearly it is not a catering equipment seller but if it sells off some of its equipment then that is considered to be a trade transaction and can fall within the protection of the Consumer Rights Act.

 

If you want specifically to talk about the trade in vehicles, then take as an example and ice cream seller who decides to sell his ice cream van. Clearly he is not a vehicle trader – but he sells his ice cream van and that would be classed as a trader the purposes of the act.

 

I think one could scarcely imagine an ice cream man selling six vehicles a year.

 

If the ice cream man sells his own personal car which he uses only for private purposes for his family then that sale is most unlikely to be considered as a trade sale.

 

I hope this clears it up


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True bankfodder but if he sold 1 ice cream van a month then then he would be classed as a trader in ice cream vans wouldn't he.

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Having difficulty finding template for an LBA. Please advise. TIA

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