Jump to content


  • Tweets

  • Posts

    • Speaking of the reformatory boys, here they are with all of their supporters, some of whom traveled with them from miles away, all carefully crammed together and photographed to look like there were more than about 80 .. rather like Farages last rally with even fewer people crammed around what looked like an ice cream van or mobile tea bar ... Although a number in the crowd apparently thought they were at a vintage car rally as they appeared to be chanting 'crank-her'. A vintage Bentley must be out of view.   Is this all there is? Its less than the Tory candidate. - shut up and smile while they get a camera angle that looks better
    • in order for us to help you we require the following information:- Which Court have you received the claim from ? Canterbury If possible please scan redact and upload a full page copy of page 1 of the claim form. ( Name of the Claimant ? Moneybarn No 1   How many defendant's  joint or self ? One Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 29/05/24 Acknowledged by 14/06/24  Defence by 29/06/24  Particulars of Claim PARTICULARS OF CLAIM   1.  By a Conditional Sale Agreement in writing made on 25th August 2022. Between the Claimant and Defendant, the Claimant let to the Defendant on Conditional Sale. A Ford Ranger 3.2 TDCi (200 P S) 4x4 Wildtrack  Double Cab Pickup 3200cc (Sep.2015) Registration No, ******* Chassis number ***************** (“The Vehicle”).  A copy of the agreement is attached   2.  The price of the goods was £15,995.00.  The Initial Rental was £8500.00.  The total charge for credit was £3575.;17 And the balance of £11,070.17 was payable by 59 equal consecutive monthly instalments of £187 63. payable on the 25th of each month.   3.  The following were expressed conditions of the set agreement,   Clause 8: Our Right to End this Agreement  8.1   Subject to sending you the notice as required by law, any of the following events will entitle us to end this Agreement: 8.1.2  You fail to pay the advance payment (if any) or any of the payments as specified on the front page of this agreement or any other sum payable under this Agreement. 8.1.3 If any of the information you have given us before entering into this Agreement or during the term of this Agreement was false 8.1.4 We consider, acting reasonably, that the goods may be in jeopardy or that our rights in the goods may otherwise be prejudiced. 8.1.5 If you die 8.1.6 If a bankruptcy petition is presented against you; if you petition for your own bankruptcy, or make a live arrangement with your creditors or call a meeting of them. 8. 1.7 If in Scotland, you become insolvent or sequestration or a receiver, judicial factor or trustee to be appointed over any of your estate, or effects or suffer an arrestment, charge attachment or other diligence to be issued or levied on any of your estate or effects or suffer any exercise, or threatened exercise of landlords hype hypothec 8.1.8 If you are a partnership, you are dissolved 8.1.9 If the goods are destroyed, lost, stolen and/or treated by the insurer as a total loss in response to an insurance claim. 8.1.10 If we reasonably believe any payment made to us in respect of this Agreement is a proceed of crime. 8.1.11 If steps are taken by us to terminate any other agreement which you have entered into with us.   Clause 9.  Effect of Us Terminating Agreement   9.1 If this Agreement terminates under clause 8 the following will apply 9.1.1 Subject to the rights given to you by law, you will no longer be entitled to possession of the goods and must return them to us to an address as we may reasonably specify, (removing or commencing the removal of any cherished plates) together with a V5 registration certificate, both sets of keys and a service record book. If you are unable or unwilling to return the goods to us then we shall collect the goods and we'll charge you in accordance with clause 10.3 9.1.2 We will be entitled to immediate payment from you for all payments and all other sums do under this agreement at the date of termination 9.1.3 We will sell the goods or public sale at the earliest opportunity once the goods are in a reasonable condition which includes a return of the items listed in clause 7.1.4 9.1.4 We will be entitled to immediate payment from you of the rest of the Total Amount Payable under this agreement less: ( a) A rebate for early settlement ias required by law which will be calculated and notified to you at the time of payment (b) The proceeds of sale of the goods (if any) after deduction of all costs associated with finding you and/or the goods, recovery, refurbishment and repair. Insurance, storage, sale, agents fees, cherished plate removal, replacement keys, costs associated with obtaining service history for the goods and in relation to obtaining a duplicate V5 registration certificate   4, The following are particulars required by Civil Procedure Rules. Rule 7.9 as set out in 7.1 and 7.2 of the associated Practice Direction entitled Hire Purchase Claims:-   a)     The agreement is dated 25 August 2022. And is between Moneybarn No1 Limited  and xxxxxxxxx under agreement number 756050. b)    The claimant was one of the original parties to the agreement. c)    The agreement is regulated under the Consumer Credit Act 1974. d)    The goods claimed Ford Ranger 3.2 TDCi ( 200 PS) 4x4 Wildtrack Double Cab Pickup 3200 cc (Sep2015} Registration No ^^^^^^^ Chassis number ***************** e)     Thw total price of the goods £19570 f)     The paid up sum £1206 5 g)    The unpaid balance of the total price £7505 (to include charges) h)    A default notice was sent to the defendant on 20th February 2024 by Firrst class post i)      The date when the right to demand delivery of the goods accrued 14 March 2024 j)      The amount if any claimed as an alternative to delivery of the goods 7505 22 include charges ]= 5.  A the date of service of the notice the instalments were £562.89 in arrears. 6. By reason of the Termination of the Agreement by the notice, defendant became liable to pay the sum of £7502 7. The date of maturity the agreement is 24th August 2027. 8. Further or  alternative by reasons of  the Defendant breaches of the agreement by failing to pay the said instalments, the Defendant evinced an intention no longer to be bound by the Agreement and repudiated it by the said Notice the claimant accepted that repudiation 9. By reason of such repudiation the claimant has suffered loss and damage.   Total amount payable £19570 Less sum paid or in arrears by the date of repudiation £12064 97 Balance £7505 (to include charges.) ( The claimant will give credit if necessary for the value of the vehicle if recovered.)  The claimant therefore claims 1.    An order for delivery up of the vehicle 2.    The MoneyClaim to be adjourned generally with liberty to restore,  Upon restoration of the MoneyClaim following return or loss of the vehicle. the Claimant will ensure the pre action protocol for debt claims is followed. 3.    Pursuant to s 90 (1)  of the Consumer Credit Act 1974. An order that the Claimant and/or its agents may enter any premises in which the vehicle is situated in order to recover the vehicle should it not be returned by the Defendant 4.    further or alternatively damages 5.    costs.   Statement of truth The Claimant believes that the facts stated in these Particulars of Claim are true. The Claimant understands that the proceedings for contempt of court may be brought against anyone who makes or causes to be made a false statement in the document for verified by statement of truth without an honest belief in its truth. I am duly Authorised by the Claimant to sign these Particulars of Claim signed Dated 17th of April 2024   What is the total value of the claim? 7502   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Never heard of this   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? n/a Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? No   When did you enter into the original agreement before or after April 2007 ? After  Do you recall how you entered into the agreement...On line /In branch/By post ? In a garage  Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes  Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Original Were you aware the account had been assigned – did you receive a Notice of Assignment? n/a   Did you receive a Default Notice from the original creditor? They said sent but nor received   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? None seen   Why did you cease payments? Still Paying,   What was the date of your last payment? Yesterday  31st May 2024   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes on 12 Feb 2024   What you need to do now.   Can't scan, will do via another means as you cant have jpg
    • Now that is an interesting article which adds afew perspective that I hadn't thought significant - but on reflection of the perspectives offered ... Now Starmer is no Blair, however 'blairite he may be perceived, but the Tories aren't tories and aren't even remotely liberal   The fast 'unannounced and unexpected election call from sunack may well be explained by the opinion linked that he hoped reform would be unprepared and effectively call a chunk of Farages largely empty bluster - making him look even more of a prat, leave scope for attacks on shabby reform candidates and mimimise core vote losses to reform - while throwing the 'middle ground' (relative) tories TO THE DOGS - and with the added bonus of likely pacifying his missu' desire to jogg off to sunny cal tout suite somewhat   thumb in the air - I expect about 140ish tory seats, but can hope for under a hundred Reform - got to admit the outside possibility of 1, maybe 2 seats with about 8% of the vote - but unlikely. I think projections of over 10% of the vote for reform is nudged and paid for speculation - but possible with the expected massive drives from Russian, Chinese and far right social media bot and troll prods targeting the gullible.
    • Commentary June 2024 WWW.ELECTORALCALCULUS.CO.UK Interesting article about just how bad it could be for the Tories.  Also Tories could be hoping on Reform not having candidates in many seats, as they were not ready.  
    • Even a Piers Morgan is an improvement and a gutless Farage Piers Morgan calls for second Brexit referendum WWW.THELONDONECONOMIC.COM Piers Morgan and Nigel Farage have faced off over Brexit and a second referendum in a heated reunion on BBC Question Time.   “Why don’t we have another referendum about Brexit?” he questioned. “I seem to remember when 2016 came around we were told there was going to be control of our borders and it was going to be economically beneficial to this country. And eight years later we have lost complete control of our borders… and economically it seems to have been a wilful act of self-harm.”   ... Piers missed off : after all somebody said a 48/52 decision would be "unfinished business" by a long way - was that person just bul lying (again)  
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

German car shop in Leicester wont take car back 8 days after purchase.


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 1086 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

I think you are right not to drive any more. I've been thinking about it and frankly the risk to you in terms of illegality, dangers of an accident – not to mention the risk to some innocent person if they were injured or worse is simply not worth thinking about.

I think you have enough evidence. The MOT has been properly conducted – and you have been given a proper warning on an official document.

I suggest that you telephone the garage this morning, find out the cost of two new tyres. Find out the cost of them picking up the car and taking it to the garage for repair. We can then discuss with you think you are going to keep the car and have it repaired or you are going to sue the dealer for a refund.

If you decide to keep the car then I am confident that you will be able to get all of your expenses from the dealer although I expect it will have to be by court action.

If you decide to have the work done then you should also ask the garage to investigate the cause of the vibration and then depending on what it is, you should have this work carried out or at least get a quotation for if you can't afford it immediately and we will include that in the claim that we will make against the dealer.

If you can get those figures – the cost of two new tyres, the cost of picking up the car for repair then later on today we will write to the dealer and state your position.

Don't expect the dealer to be nice. The dealer will keep on trying to bully you and frighten you but you don't need to worry. You don't need to panic. And we will support you.

Does all that make sense?

Link to post
Share on other sites

And by the way - you want these figures in writing

Link to post
Share on other sites

Yes , will get touch with garage after work

 

Bank Fodder , Honeybee thank you.

Can you also put in letter about that strange MOT garage the Dealer sent last night 

Hopefully Dealer will come with some normal proposal which I doubt. 

 

Link to post
Share on other sites

We do all that later once you get the full costings from the garage.

In other words, changing the brakes, new tyres, cost of collecting the car from you and initial exploration of the vibration – at £55 per hour.

You want one piece of paper with all of that on it.

If you decide to get the car repaired then you could probably get it repaired next Tuesday or Wednesday.

Given the stress that you are under, this might be the more suitable solution for you. And then we will help you recover the money that you spend on all of the repairs

Link to post
Share on other sites

Yes of course. In fact tell them to include on the quotation cost of a new MOT after the work is done.

Don't forget you don't want any work done yet we are simply getting information and quotations. The dealer will pay for the MOT failure yesterday and also the MOT pass after the work is done. He won't like it but hey, what do we care?

Link to post
Share on other sites

Quote

Dear XXX

 

Extension a letter of claim

 

I’ve now had an opportunity to take the car for an MOT and also a checkup to confirm his general condition.

As expected, the car has failed its MOT on the rear brakes which apparently are an extremely bad condition. In fact the condition is so bad that they are on the metal and this is damage the discs so that the whole set has to be replaced.

Furthermore, I have now been told that the tyres are on the edge and need to be replaced.

The vibration has not been investigated because that would cost additional money and at this stage I had not warned you about this.

However, the garage will carry out an investigation of the vibration at £55 per hour.

I’m enclosing a copy of the MOT fail certificate and the provisional estimate for repairs for your attention.

As you can see, the repairs are provisionally estimated at £698. This figure includes VAT and it also includes an allowance of one hour to investigate the vibration and also £35 which is the cost of recovery the vehicle from its current parking place to the garage for the work to be carried out.

As you know, the car is in unworthy road condition – this is the condition you sold it to me in – and the MOT fail certificate makes it clear that I must not drive it and I am not prepared to break the law.

Because so far you have refused to cooperate in any way with my rejection of the vehicle under the Consumer Rights Act I have now booked the car in for some basic repairs – MOT, tyres and investigation of the vibration and the work will be carried out on Saturday, 19 June.

I’m afraid that your uncooperative attitude has made things very much more complicated then they should be. However I am doing my best to mitigate the loss for me and also for you.

The fact that you went ahead and sold an unroadworthy vehicle has also created a situation where I have to take my own action to try and reduce the effects of the problems caused by you.

I’ve already made it clear that I don’t intend to get into any negotiation with you despite your aggressive communications and your threats and your constant reference the so-called “trade sale” which we both know is an attempt to evade your statutory duties under the consumer rights act.

You have already committed an offence of selling a car in unroadworthy condition. I believe that there are some car dealers who have even been imprisoned for this kind of offence. If this matter goes to court and the judge accepts my position that the car was sold in unroadworthy condition then you can be certain that I shall be referring this matter to the Leicestershire trading standards authorities and I’m sure that they will be prepared to take the necessary action.

You have been invited several times to carry out your own inspection and so far you have not agreed other than to provide me with the name of some person who as far as I can see does not operate an established garage which anybody might consider is reputable.

I’m not prepared to put the car into the hands of somebody who is operating some kind of “lock-up” garage business on a DIY basis.

I will only permit the car to be examined by somebody who has acceptable credentials. I’m still waiting to hear from you on this basis.

If you think that I am preventing you from carrying out the inspection then you can certainly tell the judge who will be able to form their own opinion on this matter.

Frankly I’m not too bothered what you think.

 

So to recap, I’m putting the work in hand for Saturday the 19th. Once the cause of the vibration is established then we will understand more fully the condition of the vehicle and what it costs to put it right.

In the meantime, I’m extending the deadline for my letter of claim to Friday, 25 June in order to give you time to receive the vibration diagnosis and to consider your options.

Please don’t treat this deadline extension as weakness. That would be a very serious mistake.

As a final note, please be aware that all of your threatening messages and evidence of your aggressive behaviour are being kept and will be shown to the judge.

If it starts to get out of hand then they will also be shown to the police.

 

Yours sincerely

 

 

Link to post
Share on other sites

Yes of course. The letter says that you are going to do that.

You provide the fail certificate, the estimates, reports – et cetera.

Presumably you are going to email this yes?

Link to post
Share on other sites

Bankfodder , can you add in letter that if dealer prepares to pay costs for  the estimate repairs I may consider to end the matter with him  and not taking further despite his behaviour.  As like some dealers do when faults appear just after purchase within 30 days 

 

Edited by Aga.misia
Link to post
Share on other sites

No - all that comes later.

You re making yourself look weak

You have no idea of the seriousness of the vibration problem yet. You need to know that and you need to know if it is serious or simple

Link to post
Share on other sites

Did you send the letter?

Link to post
Share on other sites

Good afternoon.

 
at 18.06 on Sunday we spoke over the telephone and you assured me you would not be taking your vehicle to merc tech. You stated on the telephone conversation that you would be taking the vehicle to another mot garage for an independent mot and inspection. merc techs report can not be considered independent because you know the technician on a personal level and he has already confirmed this to us over the phone.  I stated I would be taking the car to an independent mot garage and i booked an appointment for this, (stated in my previous e-mail). you missed the booking and you took it to merc tech besides advising you would not. your claim that you will only allow the car to be inspected by someone with acceptable credentials is strange. you know nothing about the garage or the mechanic, neither have you ever met them. we have the right to inspect and if we choose a particular garage to inspect the vehicle, why should you have a problem with that if you have nothing to hide?
 
Your mot/inspection of the vehicle was not done independently as you stated it would, therefore we will be inspecting the vehicle ourselves at a registered independent mot testing station. (you will receive a full report on this) We will collect the vehicle ourselves and have it checked. if the vehicle has failed on its brakes as you stated. Then we will replace the brakes.
brake pads and discs are £158.60 labour £60, a total of £218.60. The tyres will not be replaced as they are currently road legal. To sum up our stance, we will repair any mot FAILURES and ensure the car is road legal. we will not be paying £55 an hour for your garage to investigate a vibration, we can look into this ourselves if a fault exists. We will not be paying you £698 to repair the vehicle as this cost is massively exaggerated and it would be cheaper to repair it ourselves. we have the right to repair it ourselves, and we will if it is a repair that you want. We have already offered a take back. and if you want to go down that route, we will be happy to accomodate subject of us inspecting and confirming the faults ourselves. Any work carried out on the vehicle will void any claims made. We do not allow other garages to carry out repairs unless we have authorised it first.
 
to sum up our stance. 
 
Here are your options.
 
free repair of any MOT FAILURES subject to inspection by ourselves. 
 
Take back of the car (subject to inspection by an appointed independent mot garage AND ourselves)
 
£300 as a good will gesture to end the matter.
 
I look forward to your reply. 
 
Kind Regards.
 
german car shop.
 
Link to post
Share on other sites

I m so angry , why he still claim I know technican on personal level ? Why he  keeps lying ?  He cant get away of accusing me of this ! I dont know any technican on personal level . But he probably knoes that dogdy non exisisting  garage he wanted me to go . 

Link to post
Share on other sites

Yes., Karma comes back.

We have sent in an extremely confrontational and aggressive letter and you have told him what you are going to do and of course he doesn't like it.

 

As my site team colleague has just said – don't get distracted by the trivia. His responses are completely predictable .

 

He seems to be offering to take the vehicle off your hands – and of course that is fine if he pays the money.

 

If you would like to do that then we will send a message. However, he will have to give security for the payment before he removes the car. Other than that I would get involved with him.
 

Link to post
Share on other sites

Thank you for reply.

I want get rid of the car but He is probably lying , he will take car for so called inspection and leave me without car and come back and decided he is not taking it .

He offered me on sunday 5000 pounds for me taking car in such bad brakes  to him obviously without me having MOT. MOT failure no car accepted. He is absolute liar. 

I could only maybe  accept 500 pounds compensation to end the matter but not 300.

I wish he pay me 300 f so called goodwill gesture and I could still carry on  sue him for rest repairs but thats not possible ? 

I want him to fall in his own hole . 

Can I report him to Autotrader ? 

Link to post
Share on other sites

I agree that he is probably lying. He won't even want to carry out the inspection that he is proposing and in fact I wouldn't be prepared to allow him to take it for an inspection unless we agree in advance what garage.

I think you've had enough inspections now. You have a failure certificate and I think that is your position.

 

Quote

Thank you for your email today.

I've had enough inspections now and you have had enough time to deal with it.

It is quite untrue that you arrange an independent MOT and in fact the only suggestion that you made was that I telephone some completely unknown person who apparently provides some kind of mechanics service.
I've already pointed out to you that this is completely unacceptable. I'm not going to go over the reasons why again
The car displayed serious faults only six days after I bought it. It's clear that the defects exist and under the Consumer Rights Act the courts will accept that the defect existed even when you sold it to me. It is clear that you have committed an offence under the Road Traffic Act by selling me a car which is in unroadworthy condition and you could be certain that when I have the judgement from the County Court which confirms that, a copy of the judgement will be sent to the authorities for Leicester and we both know that they will be very interested in taking action against you.
It now has an MOT failure certificate and therefore it cannot be driven.
If you are prepared to take the car back then I am happy to let you take it but it will be on condition that you  organise collection and also because I do not trust you, you will have to make a satisfactory arrangement to make a payment of the full purchase price before you take the car away.
The best solution would be that you make a bank transfer into my bank account. If you have some other suggestion to make then let me hear it.
There are no other circumstances under which I would let you take the car away.
I have provided you with all information and I have also given you the timescale in which I shall be taking my own action and eventually that will include issue you with a court claim.

I've already said that I am not prepared to get into any further discussion or negotiation with you.

 



 

 

Link to post
Share on other sites

Thank you BankFodder , your help is pricless 

I have now passed this case on to my solicitors.

They will be in contact with you from now on and you can deal with them.

Best wishes and kind regards.

He is getting clever now

Link to post
Share on other sites

Thanks.

Well if it's true then it's good news. Frankly I doubt whether it's true but if it is true then at least that will be the end of the road and threatening messages and there will be proper communication and hopefully they will get some sensible advice about what to do.

Don't reply to it. No need to reply.

Mind you, there are one or two services on the Internet which apparently are meant to help the used car industry. They write crappy letters and try to cite the law to you. You may get one of those. I don't know if it cost them anything – but anyway, whatever you get, post it up here and don't worry about it.

Link to post
Share on other sites

Don't worry about legal language. Stop worrying. I have a sense that you are already going into a panic.

As I said, if a proper solicitor starts dealing with it then it would be excellent instead of dealing with cowboys

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...