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Author Topic: Any Solicitors etc in the club? need some help  (Read 2238 times)

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brian36

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Any Solicitors etc in the club? need some help
« on: 28 April 2010, 10:55:05 »

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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duggs

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Re: Any Solicitors etc in the club? need some help
« Reply #1 on: 28 April 2010, 11:31:35 »

Was previous owner a private or business seller ?
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tunnie

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Re: Any Solicitors etc in the club? need some help
« Reply #2 on: 28 April 2010, 11:49:15 »

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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brian36

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Re: Any Solicitors etc in the club? need some help
« Reply #3 on: 28 April 2010, 12:17:37 »

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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markfree

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Re: Any Solicitors etc in the club? need some help
« Reply #4 on: 28 April 2010, 12:28:38 »

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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Elite Pete

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Re: Any Solicitors etc in the club? need some help
« Reply #5 on: 28 April 2010, 12:32:38 »

Quote
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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brian36

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Re: Any Solicitors etc in the club? need some help
« Reply #6 on: 28 April 2010, 12:51:07 »

timing belt 9 months 6200 miles sensor 7 months
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tunnie

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Re: Any Solicitors etc in the club? need some help
« Reply #7 on: 28 April 2010, 12:58:32 »

Quote
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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Ploppy

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Re: Any Solicitors etc in the club? need some help
« Reply #8 on: 28 April 2010, 13:06:27 »

Hi,

have you tried the C.A.B

Im sure someone there could help you about this...

Regards

Ploppy :y
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sneakypenguin

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Re: Any Solicitors etc in the club? need some help
« Reply #9 on: 28 April 2010, 13:33:09 »

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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brian36

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Re: Any Solicitors etc in the club? need some help
« Reply #10 on: 28 April 2010, 14:23:50 »

thanks for all your help think i will just put it to bed !
lessons learned !
cheers
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bigdods

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Re: Any Solicitors etc in the club? need some help
« Reply #11 on: 28 April 2010, 16:33:40 »

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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tunnie

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Re: Any Solicitors etc in the club? need some help
« Reply #12 on: 28 April 2010, 16:43:25 »

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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duggs

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Re: Any Solicitors etc in the club? need some help
« Reply #13 on: 28 April 2010, 16:51:53 »

"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 !
« Last Edit: 28 April 2010, 16:53:01 by duggs »
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saltyone

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Re: Any Solicitors etc in the club? need some help
« Reply #14 on: 28 April 2010, 17:01:03 »

   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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