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Indeed the law states that I am entitled to a full refund as I didnt set out to buy a damaged or mechanically ****ed car.

Unfortunatly what the law states and what he is will to do outside of court are different matters.

I have done some questioning and found out he had paid £2413 at Auction (including his fees), he has already had to spend the following on it, surely from him spending the below on it must make him realise its a lemon.

Scotland mechanic - £50
Northbridge mechanic??? - £24
AC Top up x 2 - £83.84
Road Tax - £134
TFL Salavage - £91
Lookers LR - £54
Track Rod end / Brake pipe / Thermostat / ABS Sensor - £189.77
ABS Relay - £33
ABS Pump and Accumulator - £217
AC Pipe - £46
Fit ABS - £30
AC Gas up - £30
New Radiator - £113
Fitting Rad - £40
Bleed Brakes - £60
Adjustment to condenser - £103
Aswell as other items like, new fog light / spark slugs / steering box / Off side brake pipes (interesting as these are the ****ed ones) / Rear pads / Throttle body.

Aparently the cost to him for the car and work is £3944.36.

So at the moment with me paying £4800 for the car he probably thinking that if the car can be repaired for less than the difference of £855.64 he at least cuts even.
 
kooky_guy said:
Eh? I really wouldn't go down that route. The minute he starts 'fixing' it then that weakens Jay's position. Full refund plus compensation is the only way forward with this.
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Defintely agree with Kooky, don't let the fecker near it.

You were sold something in good faith that was unfit for purpose (remember that phrase and use it often) you are entitled to a full refund, that is one of your rights as a consumer that can not be taken away.

As for compensation that is something you defo would have to fight for in court, personally I would probably just be happy to get my money back and have an end to it.

Have you spoken to the CAB? they can help with writing letters to the dealer and it's free.
 
^^^^^ wot Barmatt said^^^^^ ... DO NOT let that ****er anywhere NEAR IT!!!

Also The fee to start a claim is roughly 10% of the amount claimed, up to a maximum of £120, which may be added to what you are owed. Forms are available from Her Majesty's Courts Service - Home but for fixed cash debts, you can issue your claim online


James ....Its £120 NO MORE NO LESS .....Start yer claim in the courts with the Info you ALREADY HAVE Old "**** Face" will **** HIS PANTS as soon as the letter drops on his doormat ..Then he'll start ringing you ..... Get yer Mrs to say your "Unavailable" carry on the Unavailable Stance for a few days & see him SQUIRM........

Then ring him back but make sure you dial 141 BEFORE his number (Then when he does the old 1471 he'll get a "Withheld" number message & NOT KNOW yer still at home/work ect) start by saying "Oh I believe your trying to get in touch with me out of courtesy I thought I'd return your call but I cannot speak just now as I'm with my Solicitor would it be possible to call you in the morning??"

Then ring him the following day & start with "Hi Sorry about yesterday as you know I was with my solicitor He has advised me that I should take this matter to the court & will be issuing a summonts in XXXXxXXXXX Court at 4PM today, Unless of course we can reach an aggreement before that time"



As I said IF (Very doubtfully) he does call yer bluff its still only 120 Notes to get the ball rolling ....


Keith

Read more: How to make a small claim in court | This is Money
 
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barmatt said:
Defintely agree with Kooky, don't let the fecker near it.

You were sold something in good faith that was unfit for purpose (remember that phrase and use it often) you are entitled to a full refund, that is one of your rights as a consumer that can not be taken away.
.
Click to expand...

exactly - stop letting him mess you about

GIVE IT BACK !
 
Thanks for the £120 is far less than I thought it would cost.

I will await the next move from him with regards to having another inspection carried out at one of the suggested garages. I have stated in my response that if he refused to use one of the garages I proposed and selected by putting in Land Rover specialists within worcestershire. Then my next step will be via the court.

Lets see waht happens!!!
 
The prices quoted for some of those parts suggest that they are 2nd hand anyway (ie ie ABS pump and accumulator).

Why the air con needed regassing 3 times is also beyond me. Suggests his mechanic isn't very good at the very least!

Actually, looking at them all, they're all a bit of an odd collection of prices.

Anyway, what he claims it owes him is irrelevant. It's faulty and you want your money back.

Guy
 
jay140285 said:
Scotland mechanic - £50 LIE (to get it started to drive on a truck)
Northbridge mechanic??? - £24 LIE (Transporter Probs Broke down)
AC Top up x 2 - £83.84 LIE (you only top em up ONCE)
Road Tax - £134 OK (I'll give him that one)
 TFL Salavage - £91 LIE It'd cost more than that in Diesel from Scotland)
Lookers LR - £54 FER WHAT???
Track Rod end / Brake pipe / Thermostat / ABS Sensor - £189.77 LIE (Second hand parts used)
ABS Relay - £33 LIE (more second hand parts)
ABS Pump and Accumulator - £217 LIE (Yer more "Dodgy parts")
AC Pipe - £46 LIE (Its a Hose)
Fit ABS - £30 LIE (Fit ABS WHAT??)
AC Gas up - £30 LIE (thats the same as item 3)
New Radiator - £113 LIE (Farr too cheap)
Fitting Rad - £40 Hmmm (Possible)
Bleed Brakes - £60 LIE (Yer havin a laugh, 10 mins & £20 MAX)
Adjustment to condenser - £103 LIE ( Wot the **** is a "Condenser")
Aswell as other items like, new fog light / spark slugs / steering box / Off side brake pipes (interesting as these are the ****ed ones) / Rear pads / Throttle body.

Aparently the cost to him for the car and work is £3944.36.

So at the moment with me paying £4800 for the car he probably thinking that if the car can be repaired for less than the difference of £855.64 he at least cuts even.
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This bloke is either THICK AS **** or really has not got a clue about ANYTHING!!
 
I will go with the Hooded C on this one. The small claims procedure is simplicity itself to use online and is a very powerfully tool. Just make sure you have all relevant information written, receipts etc.
 
Your entitled to a refund, nothing less the guy is a real ****- keeping the vehicle would be a mistake.
Go straight to full refund an expensis or straight to court.
Tell him straight that what he paid out on it is not your concern and if he can't pull his finger out then court
 
HHhhMmmmmmmmm!!!!!!..... Reading a tad deeper into James's post on page 45 I note that he (James) paid £4800 fer this Sack of crap ...

The "Small Claims Proceedure" has a "Ceiling" of £5000 Therefore if James were to Go for "Expenses" (as well as a refund) the MAX expenses he would get is £200 SO.....

James you need to make TWO small claims 1 for a full refund & 1 for "Expenses incurred during tenure of ownership of said vehicle in claim No XXXXXXX" ....

Usually "Frowned upon" by the judicial system but quite valid ("AS LONG AS NO MENTION OF OUT OF POCKET EXPENSES" IS MADE WITHIN INITIAL CLAIM)

They DO NOT have to be "Concurrent" claims i.e when you win yer refund & HE HAS PAID YOU BACK Then & ONLY THEN do you issue ANOTHER SUMMONDS for "Expenses, Loss of Working Hours, Mental & Physical anguish & (of course) loss of transport for both yourself & family.

View this as ...You've got him on the floor & you've WON & yer about to walk away ...but (Just fer good measure) you turn around & give him 1 FINAL Kick in the Goolies!!!

You COULD end up with ANOTHER £5000 or (& this is far more likley) he'll say he can't afford to pay you & then you send in the Baliffs to BOTH HIS PITCH & HIS HOME to claim "GOODS TO THE VALUE OF" .......


FUN this "Small Claims" bit aint it ?????......TRUST ME James I KNOW From very bitter experience ( I've had it done TO ME) There aint nowt like having "An Officer of the court" knockin on yer door accompanied by the local PLOD to "FOCUS THE MIND!!!!"
 
Just reading through again and this popped up
as the car was sold with an MOT and therefore it must have been road legal.
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Does it not say on your MOT certificate that the issue a a certain does not guarantee road worthiness ?
 
The small claims route is as has been said a great little route to go down its not expensive and if you have all your documentation together a nice and easy way to kick this bastard where it hurts - go for it.
 
rewmer said:
Just reading through again and this popped up

Does it not say on your MOT certificate that the issue a a certain does not guarantee road worthiness ?
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it SOOOOOO DOES YOUNG MAN ....

In Section 4 it states

"AN MOT pass confirms that, When the vehicle was examined in accordance with section 45 of the road traffic act 1988 it met the minimum requirements for those items prescribed under the act. it does NOT mean that it fully meets all the LEGAL requirements or that it will continue to be roadworthy for the next year it is YOUR responsbility to keep the vehicle maintained so that it would always meet MOT standards & be free from other defects"

***NOTE**

Reading the above (especially the "It is YOUR responsbility" bit) it implies that as the person who submitted it for said MOT test (i.e. your Trader) has a LEGAL responsibility to ensure IT IS in a roadworthy condition.

So the trader also broke Section 45 of the Road Traffic act 1988...(Which I do believe is a CRIMINAL OFFENCE .)
 
Awesome, I feel another letter coming on to Mr Solicitor to forward to Mr **** Trader.

As it is the responsibility of the person using the car, then yes he would have been responsible at the time of sale.

Hense I have taken it off the road.

Guys you are legends.
 
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