Omega Owners Forum
Omega Help Area => Omega General Help => Topic started by: brian36 on 28 April 2010, 10:55:05
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hi as many of you are aware i have had some problems with my car since buying it, i would like to ask if any members are solicitors etc to allow me picking your brains a wee bit !.
i am trying to get some compensation from previous owner as sold to me and 13 miles later car brokedown .
anyway would appreciate any help you can give ,many thanks. :)
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Was previous owner a private or business seller ?
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if it was private sale, then its sold as seen usually so no come backs. If it was a dealer, you should have some kind of cover, but depends how exactly it broke down?
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was a private seller although consumer direct says tat i can use false decription as the advert stated new timing belt/lambda sesor etc which were not in fact new but several months old, they also say that could be worth a try on the grounds of faults being already on car when checked the faults did show thanks
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You're probably best taking him to a small claims court (sheriff court in scotland) :
http://www.adviceguide.org.uk/scotland/your_rights/legal_system_scotland/small_claims_in_the_sheriff_court_scotland.htm
You don't need a solicitor if you are confident of presenting your own case.
Best to get AA/RAC to have a look at the vehicle and to give you an assessment of what is wrong so you can present it in court as evidence.
Good luck anyway :y
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was a private seller although consumer direct says tat i can use false decription as the advert stated new timing belt/lambda sesor etc which were not in fact new but several months old, they also say that could be worth a try on the grounds of faults being already on car when checked the faults did show thanks
Depending how long several is I would say thats new :-?
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timing belt 9 months 6200 miles sensor 7 months
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timing belt 9 months 6200 miles sensor 7 months
Given belts last 4 years that would be classed as a new or recent belt change
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Hi,
have you tried the C.A.B
Im sure someone there could help you about this...
Regards
Ploppy :y
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caveat emptor - let the buyer beware. Unfortuantly as it was a private sale you have very little/if any legal comeback. Unless the guy deliberatly concealed faults then I doubt you can do much. Best of getting advice from the CAB who will know the ins and outs of the relevant law much better than myself.
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thanks for all your help think i will just put it to bed !
lessons learned !
cheers
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private sale so no come back. My old miggy managed to get 7 miles from sale to self destruct. Buyer was fine as I had pointed out to him that it was leaking water from the pump and he really shouldnt be driving it.
He turned up with several bottles of water ' to get him home' but managed to drive it dry in only a few miles then did a few more with no water in it before it siezed.
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Josh sold a 2.6 which later blew up, and he was very generous in taking the car back, even though it had been driven by the buyer after he was told not to! Josh is a rare example of dealer doing right thing, they are under no legal obligation to do so.
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"timing belt 9 months 6200 miles sensor 7 months"
O darnn. That would be considered new in the life of Mig Ownership.
Did the belt snap then ? Sounds just like bloody bad luck. Don't think either you or the seller could have pre-emted that happening. Suspect that will be his defence, upon which you'll struggle like mad to have a sucessfull claim against him.
"New" does not guarantee brand spanking out of the box never been used new. Even if his ad HAD stated "timing belt 9 months 6200 miles sensor 7 months", I would suggest any of us buyers would have gone ahead with the purchase, its a job not needing doing for another 33,000 miles after all. With repect you too would have continued with the sale knowing so also.
IF however, it hadn't been done at all, you'd stand a good chance but if he can proof that it had been done, even 6200 miles ago, then I think you'd struggle. That said, if he can tell you who fitted it, you may have a claim through THEM, against the supplier of the kit unless the pulleys and tensioners weren't changed, in which case you MAY be able to claim against the fitters, as they should have known to change the complete kit. It's standard practice !
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did you take out legal protection that car insurance company's offer . if so contact them they will fight your corner for free . I've used them on many legal things in the past from miss sold goods to faulty goods
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Its worth having a chat with the C.A.B, the laws might be different that side of the barrier ;)
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Bit late in the post, but isn't this more a 'General Discussion' topic ? :-?
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Try local solictors, some give a free "30 minute consultancy" to see if a case is viable, in that time they will tell you your options, if you can get an appointment, take a dictophone to record the meeting if they will allow, or/and notepad/pen. Not sure if the solictors work this way in Scotland, b :yut worth a try.
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Bit late in the post, but isn't this more a 'General Discussion' topic ? :-?
Admin could allways move it if necessry.