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    • Hi ok thanks for replies. I had trouble finding how to reply on  my phone and don't have a computer, so am at the library which is pathetic and closes at 5pm so hard to get there   Name of the Claimant ? Excel Parking claimants Solicitors: BW Legal   Date of issue – don't have on me but it was in Sept 2018 (previous claim from 2017 resurrected) * Court date is 17th Dec -Next Tue   Date of issue   ^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE ON THE CLAIMFORM IS ONE IN THE COUNT [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total   What is the claim for – PCN Not displaying a valid ticket for the private car park 468 Bury New Road, Prestwich I have copied their WS below with map location, signs, etc     **IMPORTANT** WE NEED TO SEE THE FULL POC MINUS YOUR PERS DETAILS>> NOT AN ABRIDGED VERSION**THIS MUST INCLUDE THE LOCATION   What is the value of the claim? original ticket was £100 plus additional fees so its at £255   Has the claim been issued by the Private parking Company or was the PCN assigned and it is the Debt purchaser who has issued the claim ? Original Excel Parking   Were you aware the account had been assigned – did you receive a Notice of Assignment? Not sure what this is?     I WILL TRY TO ATTACH THEIR WS - having trouble Do I just scan it in and attach it?   In the mean time my outline defence is:   No locus standi as have not produce a signed contract Under CPR 31.14 that the claim be struck out on the grounds of no locus   *I requested the contract and they did not provide it initially, however in their WS they have produced a signed contract from the pension fund who own the land    I was not the driver of the car. I have no evidence of the driver's identity. This dates back many years (2015) and difficult to remember who could have been driving  *their WS states I only said I was not the driver at a late stage and when filing an amended defence, and appears I developed a defence to avoid liability. I have stated this from the start.  Also that I alleged no correspondence, and the onus is on the driver to update DVLA. I did update DVLA, but I moved numerous times due to domestic abuse. This was in my set aside Also question how I would be able to comment on the signs if not the driver of the vehicle, as she would not have first hand knowledge, therefore it is the claimants position that she is being disingenuous I put Excel to strict proof that any contract can exist  *Their WS states it falls foul of the unfair terms in consumer contracts regulations 1999(UTCCR 1999). Claims the regulations don't apply? keeper of the vehicle - as the protocols of the POFA have not been followed so no keeper liability created. DVLA data was supplied for the single strict purpose of enquiring who was driving, not for bringing a case against me years later  Signage not a transparent contract insufficient in terms of their distribution  wording and lighting hence incapable of binding the driver, which distinguishes this case from the ParkingEye Ltd v. Beavis case  Sporadic and illegible charge not prominent nor large lettering site/entrance signage breach of the BPA Code of Practice. The entrance sign is on the left side so not the drivers side. The signs have no mention of any debt collection additional charge  The signage was not lit and not transparent contrary to the Unfair Terms in Consumer Contracts Regulations 1999.  The entrance sign refers to the terms and conditions on another sign The signs did not have planning permission under the Town and County planning. I have an email stating there was no planning permission from the council. * Their WS says they do not need planning permission by being an approved operator of the trade association, and it is not for the county court to determine planning permission.   The signs do not fall under deemed consent.    * Their WS states my defence appears to be cut and pasted from websites relating to parking whose aim is to assist motorists on contesting PCN's. Large portions are non sensical and irrelevant to the claim   Unacceptable as the defendant has signed a statement of truth whilst clearly not being the defendants knowledge   THANKS FOR YOUR HELP x   You mention I can get it struck out as they haven't sent me a bundle? They have sent me their WS online, no hard copies but I'd prefer not to go if possible  
    • Redacted and merged to one PDF   Attached is my witness statement and supporting evidence that I am going to give to the court, the court have said they will not even look at it until the day of the hearing, so I am OK to send it to them only a few days before the hearing.    Do you think it is worth me sending this to BW Legal, in the hope they will drop the case before it goes to court? Or am I better not showing my hand to them, so they cannot amend their evidence based on what I have stated?   If anyone would be kind enough to read through my statement and give me their thoughts, that would be very much appreciated.  ilovepdf_merged.pdf
    • Update.   So I received my court date. Any evidence from both sides needs to be sent to the courts and opposing sides 10 days before the court date.  No defense to file so this is where things differ from the rest of the UK. Would bank statements be enough evidence to prove my statue barred case?  
    • Right, I might go through Resolver, it certainly got my banks attention sharpish recently on another matter.   It seems to me that two pairs of the same model of boots failing in succession strengthens my argument so should I start from scratch with both pairs n a single complaint?
    • Why do I need to write this down?   What do AOS and CPR mean?       Note to admins, also, this editor is crap for quoting, how do I go to markdown?
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nick7602

Vehicle Misrepresentation - By a Caldicot Trade Sales Ltd

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Hi And Thanks For Looking

 

I purchased a high mileage car with cash, I have only had the car 8 weeks with the car being off the road for most of the time,

 

I asked a Master Vehicle Technician from Mercedes to diagnose the reason why the car will not start, he found that the engines cam shaft gear has no teeth on it so the car will not move

 

, he told me that this is a very well known problem with this particular vehicle..

...which sadly I didn't know about......

.Its my wifes car and she loves it.......

.. and she wants the car repaired correctly.....

, currently I dont think its fit for purpose..

....what can I do ???

 

what are my rights please

 

Kind Regards

 

Nick

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In principle, within the first six months you have the right to insist on a repair and if the repair fails then a replacement or a refund of all your money.

This rights provided under the consumer rights act and I suggest that you write the company immediately and assert the right by telling them that this is what you want and that you are making the request under the consumer rights act.

However, it would be helpful if you tell us a bit more about the car – the mileage, the price, why it has been off the road so long, who has been dealing with it? What correspondence has been exchanged between you and the seller, who is the seller?

And also I'm struggling to understand why you've been here since 2010 and you've only just decided to come and ask for some advice when it would probably have been much more helpful if you had started making enquiries about this in the first week of ownership of the vehicle.


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Thank you for replying to my post, I have sent the trader Caldicot Trade Sales Ltd of Newport, Gwent outlining that I would like a Repair of the Vehicles engine and have mentioned the Consumer Rights Act 2015 in that letter as you have mentioned above thank you.

 

The vehicle is a Mercedes CLK 200 Kompressor Sport,

the vehicle has a full independent Service History, and has a current MOT until 2020,

the vehicle has 145K mileage, 

 

I paid cash for the vehicle and have had a couple of niggles with the vehicle,

these being an electric mirror and headlight switch pack being faulty,

replaced the rear tyres due to the tread being on the legal limit,

I have paid for new brakes front discs being very poor, and brake pads all around,

the car has now been off the road for two weeks,

with ownership being only 8 weeks.

 

I have heard from the Mechanic who came out to see and diagnose the vehicle, that the concern mentioned above is common with these vehicles if they have lived outside of the Franchised Dealer Service Network such as this one has,

 

further more Mercedes Know of the concern and declined to do a recall only addressing the above concern if the customer raised it with the Franchised dealer where an upgraded kit of parts replaced the absurdly soft gears on the camshaft as it was a design production failure, but only if the customer raised the concern??

 

First Joined this brilliant forum in 2010, and I suffer from PTSD a mental health condition and my memory isn't to good sadly, yes you are absolutely right I should have approached the forum earlier.....but im not in a good place most of the time

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You haven't told us how much you paid. You also haven't told us the age of the vehicle.

Why did you pay cash rather than a credit card?

 

Did you raise any of the other issues that emerged with the dealer? What was the response?


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Also I suddenly realise that you don't appear to have taken up this major problem with the dealer at all. I'm very rarely on the side of the dealer but it must have been at least reasonable to bring it to their attention and to give them a chance. Is there any reason why you haven't approached them?


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Is this the company? https://beta.companieshouse.gov.uk/company/11961803

It looks like a very new company – incorporated April this year

 

 


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Age of the vehicle is a 2009, paid cash £2999 as I had the money to do so at that time but can now no longer work due to ill health, raised the issue once I understood what the concern was, as it would be ridiculous to state that the car no longer runs without investigation, although its not down to me to investigate and confirm that the vehicle no longer runs and why under the consumer rights act 2015 Im sure you would agree?....... had to wait a week or so to arrange the Mechanic to have look at it.

 

So yes we have brought it to their attention now that we know what the concern is, I have also sent one of the directors who sold me the car a text message with photographic evidence??

 

In relation to the other concern which was the switch pack, the director offered and paid only half of the £160 bill, the other things previously stated such as brakes and tyres we paid for assuming that these are wear and tear items and possibly couldn't be claimed for, so although they are a niggle we paid for them out of our own pocket on that basis

 

And yes it is a new Company formed in April 

Edited by nick7602

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This is the Letter sent to Caldicot Trade Sales Ltd, attached to this letter was the signed receipt from both parties for the purchase of the vehicle, also photographic evidence has been supplied.

 

Letter as follows:

 

 

Caldicot Trade Sales Ltd, - Mercedes CLK 200 Kompressor Sport

 

Former Registration Number: …..– Current Registration: …..

 



I purchased the Mercedes CLK 200 Kompressor Sport from Caldicot Trade Sales Ltd. At the point of purchase, I paid £2999.

The Mercedes CLK 200 Kompressor Sport is unfit for purpose. Car Will Not Start and run, we have subsequently had a Mercedes Master Technician Diagnose the Car and have found that the car is not currently fit for purpose due to a timing chain concern with this cars M271 Engine, which he has confirmed this car has.

The Consumer Rights Act 2015 makes it an implied term of the contract I have with Caldicot Trade Sales Ltd that goods be as described, fit for purpose and of satisfactory quality.

As you are in breach of contract, and I've owned the product for less than 6 months I am within my statutory rights to ask for it to be repaired at no further cost or inconvenience to me and at a repairer of my choice.

I await confirmation that you will provide the remedy set out above within 14 days of the date of this letter.

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So what do I do when they won't repair the vehicle??......

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I Have A Mercedes CLK 2009 I bought this vehicle used from Caldicot Trade Sales Ltd in on the 5th Of July 2019, I paid cash for it and so no finance, having recently requested a copy of the original advert supplied to Autotrader I find the vehicle has been misrepresented, in as far as the vehicle should have tinted privacy glass, it doesn't ?

 

What are my legal rights here please?

 

This is part of an ongoing case for further reading please see: 

 

 

Many thanks for all and any help

 

 

 

 

 

 

Kind Regards

 

Nick

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please keep to one thread.

 

threads merged


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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I've rather lost the plot on this.

Would you mind simply restating where you are on this – in a brief bullet pointed chronology. Thanks


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Posted (edited)

 

 

 

 

Contacted the trader

  • Trying to be helpful I arranged the vehicle to have an investigation of the fault with the engine at great inconvenience to me, with a very knowledgeable and confident specialist, the Vendor communicated that he was prepared to pay for the report and investigation of the engine fault, as yet the specialist hasn't been paid, and the cars engine is in bits within the specialists workshop....keen to try and fix the car I have even offered to pay half so that we can use this particular specialist, such is the good name he has.....I am not keen for the vehicle to go back to Caldicot Trade Sales, although I know that this is the Law for fear of a very poor grudge fix, and causing more damage  by possibly using substandard parts, I raised my concern with the vendor about using spurious and none genuine parts and requested that he only use genuine NEW Mercedes parts he has refused to do so.
  • Speaking with the specialist about my vehicle, he has been very helpful and suggested the 50% financial split to try and help, mentioning that the vendor could actually claim back any VAT through the vendors business......this idea has also been shunned although currently not rejected, the vendor has mentioned if he cant fix my car for next to nothing then he will buy back the vehicle, well Im very happy with the vehicle other than the engine issue and misdescription, and the vehicle is not for sale 
  • Contacted Autotrader to get a copy of the original advert, to find that the vehicle should have privacy glass as stated in the original advert of which I have a copy. and it hasnt got privacy glass?
  • So far I have spent £760 on parts to fix issues on the vehicle which I have the receipts
  • I have also found out that the car has had rear end shunt, and the boot lid has been poorly repaired so this will need to be repaired also, along with a broken rear exhaust

Apart from the engine issues as mentioned above I was quite prepared rightly or wrongly to fix the other problems, basing this on age mileage and wear and tear items etc, we have had little use of the car and reduced to finding other forms of transport, which has proved difficult at times as my wife is on call as part of her shift pattern as Nurse at the local hospital.

 

All directors of the business have been furnished with my complaint by registered letter, and the Consumer Rights Act 2015 Mentioned to them 

 

Any and all help would be much appreciated

 

 

 

Kind Regards

 

Nick

Edited by nick7602

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Any Help??

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Looking at your summary that you have posted, and your original post which started off this thread, I see that you have a high mileage vehicle which has spent most of the eight weeks of your ownership of the road. A specialist has suggested a 50-50 split on the cost of repairs. Given the fact that it is the second hand high mileage vehicle, this seems to me to be a very reasonable compromise. I don't think you would be entitled to have it repaired with completely new parts paid for completely by the dealer.

You say that this offer hasn't actually been rejected although it has been "shunned". I think you should pursue this is a possibility. I also see that apparently the seller of the vehicle has consented to an independent investigation and has said that they were prepared to pay for the report. However the report has been completed yet and so far the investigator hasn't been paid anything. It seems to me that if the dealer is agree to pay for the report then it would probably be for you to pay the independent investigator and then to recover the money from the dealer. I know that this means that you lay yourself open to being ripped off by the dealer who may subsequently refuse. However, on the basis of what you say that seems to be the agreement. Do you have all this in writing?

I agree with you that you are under no obligation to sell the vehicle back to the dealer. However this might be the best option to cut your losses. Personally I think on the basis of what you say, the best thing to do would be to return the vehicle to the dealer, get a refund and then pursue him for any expenses that you have incurred as a result of his breach of contract.

 


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Good Morning

 

I have paid for the independent report from my own pocket I thought it wasn't fair for the repairer to be out of pocket, when communicating with the vendor yesterday through text he stated that he will not pay the repairer until such time as he has the report in his hands, isn't this a bit like going to the supermarket having food and saying I will pay next week once I have tasted the food?? yes the request for the report is in writing from the vendor albeit in text form.

 

I will furnish the vendor the report, and see if he offers half towards the repair

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What does the report say?


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Hi Bank Fodder,

 

Caldicot Trade Centre paid a portion to the repair so Im happy with that to be fair, yes it was protracted but I am happy.

 

However I have a new problem

 

I sent the car to a Mercedes Repairer and they have damaged the sump, as a result I now have an oil Leak quite badly on my drive whereas previously the car had sat on my drive for a considerable amount of time and no oil leak,

 

now the car is repaired and I have a bad oil leak.......

the repairer has said it isn't his fault and said it was cracked before he touched it and somebody had over torqued the sump plug.....

if thats true, why not raise the concern with the workshop controller prior to fitting the new plug?......

 

.so now the garage has fitted a new sump plug and it shows witness marks of over torqueing ( tightening) the plug and then sends me a video prior to me picking the car up....telling me that I have a cracked sump?? ........

 

.I have told the repairer that a third party engineer can confirm  that the engine wasn't leaking from the sump plug. 

 

I took out short term finance for the repair which amounted to £1k plus with the first payment and VAT paid up front........

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