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    • Hi Thanks for your reply. I have discussed this with citizens advice and they have taken details of the builder and reported them to trading standards who will take appropriate action. The builders claim that as the draft contract was sent over by email and I had time to think it over before deciding there is no cooling off period in this case.   When sending the draft contract they do not cover any details relating to cancellation rights or any of the details required in the legislation above as they are claiming it should be treated as 'on premises' and therefore my consumer rights do not exist.   I prefer not to give their name on a public forum at the moment but they are certainly not making my life easy at the moment. They are threatening to sue me for breach of contract if i do not pay up in 14 days.
    • Hi all, was a bit busy with my friends witness statement. It is my understanding that none of Assets ppl will attend the hearing pursuant to CPR 27.9 (1)(a). I'm not sure do my mate will be ready to go as he fall in deep depression, lost his interest in life and do not communicate at all now. Ok, there is the WS attached. Thanks DX for advice, I found some good ones here. No names stated in case someone from claimants side reading this. Will be appreciated for any advises and corrections. Thank you in advance.       WS.docx
    • Ok thanks DX, so i reclaim these charges and default sum fee's Then I guess once/if this is settled and they hopefully refund these charges then I need to make a repayment plan arrangement with them.   I think i need to move quickly as they have mentioned legal action which they said would involve property repossesion (so they stated anyway!)
    • Wrongly. I suggest that you post the drafts of the documents you are preparing to send or to file here before you actually do so. You've waited this long, another 24 hours won't make a big difference. You may as well get it right
    • Please will you tell us the name of the builders.  http://www.legislation.gov.uk/uksi/2013/3134/regulation/29/made lays out the circumstances in which you lose your right to cancel and off premises contract. I don't see anything here which says that you are not entitled to use the 14 day cooling off period. I suggest that you email the building immediately and ask him on what basis he says that you are not entitled to a cooling off period. Tell him that if he will not explain this to you then you will not engage in any further communication with him. In any event, and off premises contract must contain at least the following information – meaning that the supplier of the services must provide you with the following information http://www.legislation.gov.uk/uksi/2013/3134/schedule/2/made     Please check your contract and any other messages you have received on paper or by email and see whether together it can be said that you are provided all of this information. If you were not provided with this information then the cooling period doesn't even begin to run. To all intents and purposes the contract is not complete yet. On the basis of the dates that you have provided to us it would appear that you have exercise your right to cancel just within the 14 day period and so therefore your cancellation is good. It seems to me on the basis of what you have told us that you are being bullied and browbeaten by these people. If it is correct that they haven't given you any details about the right to cancel then they are potentially committing an offence and once they have explain to you why you don't have the benefit of a cooling off period, you could then reply to them and warn them that by failing to include all of the information in schedule two – but particularly information as to the right to cancel, they are committing an offence. http://www.legislation.gov.uk/uksi/2013/3134/regulation/19/made   Once you are satisfied that you are on secure ground, I would suggest that you write and tell them to do the other thing and that you will be happy to see them in court where you are sure that the judge will be very interested also to see the way they have behaved against you. Please let us know the name of the builders and also once you are sure of your ground I suggest that you start putting reviews up on trust pilot and Google and elsewhere.
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Trade seller didn't disclose Cat S car

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Hoping someone can help.

 

I recently bought a car from a trade seller for my daughter after seeing an advert on FB.

I went and viewed the vehicle, and I asked the seller some specific questions, one of which was "has the car ever been written off?" (I have a witness who was with me when the questions were asked). The seller said it hadn't and I also got a friend who is a car dealer to do a full HPI check, which came back clean.

 

The seller said that he hadn't received the log book (V5) back from DVLA and that we would have to apply for it. Nothing untoward with that.

 

I purchased the car and it's now registered in my daughter's name. However, when the log book came back from DVLA it had the dreaded this car has been salvaged having sustained structural damage and repaired, ie it's a Cat C or Cat S meaning that its value is greatly reduced. We paid £2900 for the car and it's worth around £2000.

 

I have written to the seller and asked to cancel the contract under the misrepresentation act 1967 as I believe I had been deliberately misled when the seller stated it wasn't written off. I have given the seller 14 days to respond. The seller is leaning on the fact that when he sold be the car it was HPI clear.

 

I have said I will take it to court.

 

It seems there's a loophole whereby once the car is declared a write-off the insurers keep the log book but the HPI data isn't updated until the new owner applies for the log book from DVLA. I strongly suspect that he knows that the HPI doesn't get updated and therefore he can sell the car 'clean'.

 

My question is am I taking him to court using the correct legislation? ie (Misrepresentation Act 1967. I am wondering whether I should be using Consumer Protection regulations against mis-selling but I'm not sure.

 

Any advice is appreciated.

 

Nick


I have had personal dealings in the areas I comment on, however, I am not a lawyer. Any advice I give is without prejudice and is merely my opinion based on the information I have gleaned from my experiences, understanding and interpretation of the law. You should always seek the advice of a qualified legal professional.

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when did yo buy it?


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

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Bought on 21 August and started cancellation dialogue after receiving the log book on Tuesday 18 Sep 2018 from DVLA. Interestingly, I have just received a bizarre letter from DVLA asking if we still own the vehicle as they have received an application for the vehicle. It's all getting a bit strange.


I have had personal dealings in the areas I comment on, however, I am not a lawyer. Any advice I give is without prejudice and is merely my opinion based on the information I have gleaned from my experiences, understanding and interpretation of the law. You should always seek the advice of a qualified legal professional.

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looks like you MIGHT have a reason under not fit for purpose [30days] under CRA regulations short term right to reject

 

not sure TBH.

 

is it not fit for purpose though??

 

if its been repaired and passed MOT then unless you can find something major wrong, all this boils down to is you got charged too much in your eyes ….not its unfit.


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Thanks,

 

I would say that it's fit for purpose but I'm having it checked by a garage that I trust. It's my daughter that will be driving the car after all.

 

I know that I've had incorrect information, whether deliberately or not. I just wanted to make sure that I wasn't barking up the wrong tree. Last thing I'd want to do is get to court and the wrong legislation is being used. I'm hopeful that when I issue court proceedings he'll come to an agreement with me but I need to be prepared to go the distance, which I am.

 

Kind regards

 

Nick


I have had personal dealings in the areas I comment on, however, I am not a lawyer. Any advice I give is without prejudice and is merely my opinion based on the information I have gleaned from my experiences, understanding and interpretation of the law. You should always seek the advice of a qualified legal professional.

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The car has been misrepresented and you have been deceived. The car has to be “as described”. Your specific requirements was that it mustn’t be a write off. Therefore you are due a full refund, plus car tax refund and expenses. Traders who don’t declare write offs are Scumbags. Don’t use the vehicle, demand a full refund plus tax and expenses. If not take him straight to court.

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