Rights under 1975 consumer credit act

[219]

Well , certainly if he doesn't attend to contest any claim , you win by default .

Perhaps he ignores court citations too .

I still like the idea of filling the car windows with factually correct statements about the car and the whole transaction , then parking it legally in the street outside his premises , locked up securely .

 

[RobertoMercini]

Well , certainly if he doesn't attend to contest any claim , you win by default . Perhaps he ignores court citations too . I still like the idea of filling the car windows with factually correct statements about the car and the whole transaction , then parking it legally in the street outside his premises , locked up securely .

his premises are on a quiet B road that you wouldn't realise existed unless you were on it, no cars on show as all inside a barn/hangar arrangement. He must get all his business online through auto trader etc. if a court found in my favour it could still take years to get money or he could simply shut up shop and disappear, that's something I think he's liable to do at some point anyway, he's far too thick to run anything like a successful business for long

 

[219]

Advertising standards authority ?

Legal , decent , honest , truthful ?

 

[Annie19t]

You might speed things up , then , by raising a small claims action for your consequential losses , including storage of said car ( at the same daily rate as the council car pound ? ) potentially for the 50 day period , but stating to the court that , as a reasonable person , you just want the car gone and would like to mitigate his losses by having the car removed sooner ?

I'm pretty sure that , having rejected the car as entitled under the Sale of Goods Act , and received the ( temporary for now ) refund from the card issuer , you would be entitled to have it transported back and dumped on his premises ( with someone witnessing that it has been 'served' on him ) then include the cost of this in your small claims action .

If you were insured with Direct Line , they would no doubt just send Winston Wolf round to see him

Unless you know the implications of consumer law and small claims you should consider giving it a rest

 

[RobertoMercini]

Advertising standards authority ? Legal , decent , honest , truthful ?

without the advert I can't prove he wasn't all of the above without slandering. Ignoring someone is neither proof of guilt not illegal unfortunately . His view is that 'the car was fine when you bought it' which cannot be proven or disproven. My refund is presumably as a result of SoGA point that 'goods should last for a reasonable amount of time' - that's all I could get on him without lengthy and costly third party investigations. Interestingly his intimation that it may have been my wife's driving holds no water as the Ka we bought only 2 weeks later is still running fine now!

 

[219]

Unless you know the implications of consumer law and small claims you should consider giving it a rest

Touchy , aren't we ?

 

[219]

without the advert I can't prove he wasn't all of the above without slandering. Ignoring someone is neither proof of guilt not illegal unfortunately . His view is that 'the car was fine when you bought it' which cannot be proven or disproven. My refund is presumably as a result of SoGA point that 'goods should last for a reasonable amount of time' - that's all I could get on him without lengthy and costly third party investigations. Interestingly his intimation that it may have been my wife's driving holds no water as the Ka we bought only 2 weeks later is still running fine now!

The presumption in law is that , unless proven otherwise , any defects found within six months of purchase were present at the point of sale - subject , of course , to 'reasonableness' .

Given the above , he would , I rather think , have a hard time convincing a court that ' it was fine when you bought it ' .

I still feel your pain being stuck with this inconvenience of a thing taking up garage space and would not be as patient as you are being .

 

[Annie19t]

Touchy , aren't we ?

Not touchy it's just that your posting rubbish

 

[219]

Is that in your expert opinion ?

 

[Annie19t]

Is that in your expert opinion ?

I don't have to be an expert to make that conclusion :fail

 

[219]

then your opinions are of no more nor no less validity than mine - at least I'm trying to help the chap with mostly constructive ideas ( and a little humour thrown in ) .

Please feel free to join in if you have anything constructive to add .

 

[Annie19t]

Please feel free to join in if you have anything constructive to add .

I already have stop posting rubbish

 

[nick mercedes]

Might it be worth phoning one of those consumer rights TV shows such as 'Watchdog' about this ; or maybe one of the tabloids would like to cover the story ?

Front page of the Sun, "13 year old Ka needs a clutch shocker!"

 

[219]

I already have stop posting rubbish

Unpleasant and confrontational posts seem to be your forte , going by your profile and all of your twenty or so posts to date .

Perhaps you don't understand the word 'constructive' .

 

[219]

Front page of the Sun, "13 year old Ka needs a clutch shocker!"

Especially when the dealer says there was nothing wrong with it only an hour and 40 miles earlier , then refuses to accept any responsibility

 

[nick mercedes]

Especially when the dealer says there was nothing wrong with it only an hour and 40 miles earlier , then refuses to accept any responsibility

"£1000 Ka-tastrophe"

 

[Annie19t]

Unpleasant and confrontational posts seem to be your forte , going by your profile and all of your twenty or so posts to date .

Perhaps you don't understand the word 'constructive' .

Please refer to post number 84

 

[balge]

Slight whiff of Diesel in here...

 

[renault12ts]

Slight whiff of Diesel in here...

I think so too...and on another thread.

 

[RobertoMercini]

Update - card issuer have finally made full and final refund. I sent dealer a registered post letter telling him he had two weeks to collect before I dispose of it. Guess who rang earlier this week? He's sending a recovery truck for it on Monday but won't be there. Anyone know how hot the law is on transferring the v5 without him being there? The log book itself says he should sign it but he thinks it's ok not to. Whilst he should be the subject matter expect on this, I'm reluctant to trust him at his word especially given the history!