Jump to content


  • Tweets

  • Posts

    • She's an only child and he as a brother and sister. He has no will and we have done a check on this to find out if he had left one and nothing has come up. He has savings of around 28k His sister and brother are well off so 28k is nothing to them and aren't interested in his money. This just leaves my wife/his daughter. Would this still need to go to probate there is no estate e.g house or business to sell and the amount left in his bank is just small? When his wife died they just closed her bank account and moved her money across to his account and we just assumed that once my wife has handed in the death certificate and shown evidence of who she is the same would apply to her? We don't know yet the council have only just written to us today with a guide of what to do next.  
    • Did your FiL leave a Will and if so who is the Executor? Strictly speaking banks could refuse to take instructions until Probate is granted but In practice I would expect the bank to take instructions to cancel the DD if the Executor presents the death certificate and a certified copy of the Will
    • Hi   Sorry I probably wasn't clear enough. He had lived in the flat until December 2022 with Dementia by this time it was unsafe for him to have capacity to live on his own and he had to move into a nursing home. We had left it too late to apply for power of attorney so approached a solicitor in March last year for Deputyship. We were still in the process of dealing with it by May 2024. He passed away a few weeks ago and the solicitor was contacted to halt the application and we will just pay the fees of what work he has done up until now. My wife was the named person on her dads bank account but we didn't have the ability to alter any direct debits hence the reasons for applying for Deputyship as we were having problems trying to stop some payments coming out of his account Eon being another difficult company. We kept his flat on from December 2022 - August 2023. it was at this point I contacted Sancutary housing to inform them he was no longer living in the flat, it had been cleared out and was ready for a new tenant and that he had Dementia and had moved into a nursing home December 2022 and explained the reasons why we kept it on. As the named person to speak on his behalf I asked them what proof they needed in order to give notice on the flat e.g proof of dementia and proof that he was living in a nursing home and anything else they wanted. The lady in the upstairs flat and some of the other residence in the street had asked about him and we had told them he had moved into a nursing home. The lady in the upstairs flat wanted his flat for medical reasons so asked us once we had given notice could be let her know and she'll ask them if she can have it. We explained the difficulties and it was left at that but I did tell her I would let her know once notice was given. I contacted the company by email a number of times and also telephone conversations and nobody followed it up and it wasn't till the end of February this year that the housing manager for the area wrote to our home address to ask about him that he had been to the flat a couple of times and nobody answered and he had asked some of the residence in the street and they hadn't seen him for sometime. There was an email address on the letter so I contacted him and copied in the last 2 emails I sent Sanctuary regarding me wanting to give notice on the flat for at least 9 months explaining that it went ignored as well as telephone calls. I also stated I wanted to have his rent payments returned from the date I wanted to give notice which was from August 2023 as the bank wouldn't let us stop the DD without POT or deputyship explaining we were in the process of Deputyship. He gave some excuse about not having POT to cancel on his behalf and spoke to someone in HR and said he would contact the nursing home to confirm he was there with Dementia and if it all checks out we can give notice on the flat which came to an end on the 22 March 2024. There was not mention of back payments for the rent already paid or the fact I had asked to give notice in August 2023. Despite someone living in the flat from 1st April they continue to take DD payments for the flat and have taken another 2 payments of £501. another concerning thing despite Eon not allowing us to cancel the DD to his account the lady upstairs informed Eon that she was moving into the flat February 2024 and Eon refunding the account to his bank and said in an email sorry you are leaving us and canceled his account. Something they wouldn't let us do but a stranger. She also changed her bank account to his address despite the fact notice hadn't been given on the flat yet. So we need to find out how much information Sanctuary actually had for her to tell her power company she was moving into the flat in February despite the housing manager only just getting in contact to find out where he was. So a complaint is going into Eon and Sanctuary and we are going to take advice and ask the bank to charge back the rent. My wife hasn't taken the death certificate to the bank yet to inform them of his passing.  
    • Yes, I believe the Starbucks was closed at the time the car was parked there 
    • hi lolerz many thanks for your reply and help. My 2 months has passed i was waiting until the court proceedings started. As i went through this process not that long ago, i shall look back at my old thread for how to respond. Ill get the docs scanned soon thanks.    
  • 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 
        • 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

Faulty 2nd hand car from dealer - any come back?


nafe
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6101 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

First of all hello, sorry my first post is a question but I am at the end of my tether.

 

I bought a 98 (R plate) Vauxhall Astra Mk4 with 59,000 on the clock with a 3 month warranty from a dealer (of 5+ years). Problems started straight away but were "fixed" by them within a week. The problem was a squealing from the wheels and a kangarooing under acceleration.

 

This was not fixed and became worse and worse and I was told by the dealer to ask a garage and get back to him, so I went to a garage and no fault codes were found (at a cost of £50 to me). They said it may be a faulty coil pack. I said this to the dealer and he said without proof he could not do it under warranty.

 

Anyway, the warranty ran out and I thought that I had no comeback by this time.

 

The car has an fault where sometimes when you take the keys out of the ignition out of the car all the hazard lights will come on (not flashing) and run the battery down in an hour. This has happened about 30 times so far (and at the moment the car is sat on my drive with a flat battery as it done it again last night).

 

The car has another fault of when traveling at 65-70 for over 1-2 hours the engine will just cut out dead for 1/2 second over an over again, I have to drop down to 40 ish (and some times that doesent fix it). Its like hitting a brick wall when it happens.

 

The the car broke down 3 times on a long trip holiday (with the above fault) so I took it to a Vauxhall garage for another test (£50) and nothing came up. Broke down on the way back so I took it to another vauxhall garage for another test (£50) and nothing came up but they thought I needed a new EGR valve so I got one (£100).

 

All of the problems are still here and I cannot use it.

 

 

I just want to know if I have a case.

 

I bought the car in late October 2006 for £2000, so I have had it for just under 10 months, and out of that I believe that 2 months have been hassle free at the most and I have spent well over £250 in garage costs.

 

In my opinion the goods I bought are not fit for purpose for the amount of money I paid and under the sale of goods act I should be entitled to either a refund, part refund, the problem to be fixed or some money to help get it fixed.

 

 

Any help would be great as I'm left with a family car that is not safe for my family.

 

 

Nathan

Link to post
Share on other sites

How was the £2000 paid? in cash, credit card, debit card, trade in, finance and if so what type? HP, Fixed Sum or conditional?

 

Due to owning the car for more than 6 months you would have to prove there was a manufacturing fault with the car first of all by independent report(s).

 

Once proved you have rights against the garage, but what bit of law applies depends on the payment method? So how did you pay?

Link to post
Share on other sites

I paid through debit card from my main bank account.

 

I still have the receipts that prove i had a ecu update to solve a problem and an egr valve that are both dated within the first 6 months, will this help???

 

 

Thanks for the help.

 

 

Nafe

Link to post
Share on other sites

If debit card then you will be covered by the Sale of Goods Act 1979 (as amended) which says your contract is with the garage you bought the car from, but because you have had it for over 6 months you would first have to prove a manufacturing fault or defect.

 

Your warranty and your statutory rights are two different things, even if your warranty runs out you are still covered by your statutory rights (for 6 years in England).

 

You might need a fully independent report.

 

If the 'squealing from the wheels and a kangarooing under acceleration' was not fixed first time and it's still there you could push for a like for like replacement car.

Link to post
Share on other sites

the kangarooing has gone, but only as I have had to pay for the ecu to be updated. The squealing wheels are still there, but its the two problems mentioned in the first post that are still here, though these were found after the 3 months, but within 5 months of me buying the car, which I have bills from vauxhall to prove work was carried out because of the problems mentioned.

Link to post
Share on other sites

The two other problems did you get back in touch with the garage in the 5 months and tell them this?

Anything within the first 6 months you have the reverse burden of proof so you could possibly claim back any expenses for repairs in the first 6 month as the garage would have to prove the fault was caused by you or wear and tear.

To formalize the complaint why don’t you write a recorded delivery letter (and keep a copy) to the garage and if they are a franchise their head office as well. The purpose of the letter is to enforce your legal rights so make a heading of the Sale of Goods Act 1979 (as amended) then write down what the faults are, also mention the reverse burden of proof. Tell them you want the car repaired/replaced and for a response in 7 working days.

Remember the Sale of Goods Act 1979 (as amended) says your car must be of satisfactory quality, durable, safe etc (also bear in mind the mileage and age of the car)

If that fails get in touch with your local Trading Standards as some of them act as arbitration scheme for civil law issues.

Find out if the garage belongs to a motor association as most of them have arbitration schemes.

Link to post
Share on other sites

Thanks for the info.

 

The garage said they would get back to me by wednesday so if they dont I will send a letter on the thursday morning. In the mean time I will contact vauxhall garage I used for repairs and get all the help I can from them.

 

Thankyou all for the info, I will keep you psted.

 

 

Nath

Link to post
Share on other sites

Just spoke to the garages involved in the above problems, they are sending me letters stating that here was diagnostic checkes performed before the repairs were carried out, that there were no fault codes found in the ecu and the following repairs were to try to solve the main problem (the engine cutting out).

 

Would this be enough to prove that the car was at fault when bought? Should I be able to request a replacement/refund, as I have proved that the car was faulty within the first 6 months and even though paying for repairs the car still is not safe or fit for purpose?

 

Thanks again for the help.

 

 

Nath

Link to post
Share on other sites

Yes having or getting proof works in your favour the more sources that can give you proof the better but remember with faults in the first 6 months of purchase you don’t have to prove the fault was there!

If all the faults are still there and the garage has already had an attempt at repair then I would try push for a replacement.

If you chose to write a letter recorded delivery then be sure to also mention that you have the 'reverse burden of proof' it sometimes helps in those letters.

The letter is the first stage in enforcing your legal rights, first step towards court action, it makes and is the recognised way of making the complaint formal (recorded delivery and keep a copy for yourself).

Link to post
Share on other sites

stating that here was diagnostic checkes performed before the repairs were carried out,

 

What diagnostic checks and by who??

 

If they did them then ask to see the equipment they used. If another garage did the checks for them then there will be a bill from the other garage, ask to see those.

Link to post
Share on other sites

Diagnostic checks were performed by and independant garage and a vauxhall one, both show no fault codes stored, though the vauxhall mechanic who done the test a second time drove the car and seen first hand the problem, could get him to write a letter for me aslo.

 

He diagnosed the egr valve so he disconnected it till i got back home to put into another vauxhall garage for repair. Which obviously didnot work.

 

I have all recipts to prove in the first 5 months and the problem is still here.

 

 

Ta

 

 

Nath

Link to post
Share on other sites

Should I also post copy's of the receipts I spent?

 

I can also (hopefully) get a mechanic from Vauxhall to write a letter stating the problems he experienced (same as I experienced).

 

Should I send copys of them both?

 

 

Thanks

 

Nath

Link to post
Share on other sites

Yes! Both! The more proof the better! But make sure it's copies and always keep the originals safe!

 

Remember to head your letter Sale of Goods Act 1979 (as amended).

 

If the garage says the warranty has run out remind them that your warranty and your statutory rights (Sale of Goods Act) are two different things.

 

If they try to pass you to Vauxhaull and say it's nothing to do with them then they (the garage) are in breach of the Sale of Goods Act 1979 (as amended).

Link to post
Share on other sites

I owe all of you a beer for all this help!

 

Just waiting for final letter from vauxhall and I will send it.

 

Should I call the garage before I send to see if they will help, its been a week since they said they would call me?

Link to post
Share on other sites

  • 3 weeks later...

Just an update for all who are interested.

 

The garage that witnessed the problem will not write me a letter as they dont want to go to court (great) but I have sent a letter under the sale of goods with all receipts and proof of diagnosis and have given them 14 days to give me a refund on all money spent on repair and to agree on a garage at no cost to me to fix the problems.

 

I aait with baited breath (Although im not holding out as they haven't returned 1 of my calls. The boss is always "on holiday" or his mate "dave the mechanic who knows vauxhalls backwards" is goig though a "divorce and moving house")

 

Ahh well, we shall see.

 

 

Thanks to all those that helped.

 

 

Nafe

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...