david1471
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little update 28th of January I went through mediation with the trader, we entered a settlement on a few grounds 1. I took much less to end this saga 2. he made quick payment due to court papers and fees needing to put in by 11th feb and cleared funds would be needed. 3. I cancelled court action and returned car documents. he sent cheque very late meaning I would miss dates for court action on entering cheque into bank got them to check it out before depositing, they spotted he put a line through 1 word knowing this would avoid the cheque from clearing but they could try and see what happens. Today the cheque bounced but after speaking to mediator prior I was lucky I kept to my court dates so his still gotta go to court in 2 weeks.
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steampowered I thought if a car was returned within 6 months he would need to prove the car was fit for purpose
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trading standards also pointed out he his well known for folding business once he gets court out and he his someone there aware of
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going by office of fair trading he broke various laws in the description and claim of the full recon engine and warranty were trading standards main points of evidence.
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just to had when trying to get trader to comply to sorting he refused has he states garage done him over and were refusing to honour is warranty with them. after responding to 1st letter he bragged I could go to trading standards they take year and you have not got a car, but made offer of repair but only if I phone him and not by email. I emailed he never responded, trading standards attended he offered repair but never contacted me I made contacted he did collect car under agreement he returned car in 2 weeks and had a mot done by same garage doing the work to prove it fit for purpose. after 2 weeks I had heard nothing from him I contacted him again to be told and threatened his going to start giving out hidings has garage refused to mot has car is not fit to do so, but he kindly offered another garage who would pop 1 on no problem at all. He also refused to bring car up to advert standards.
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there were 2 set asides, I attended the first he did not turn up and judge through it out based on poor excuse and 16 days late in returning application awarded me costs. I never attended 2nd. I thought I had strong case by law now to find out no one follows the laws: my case based on trader claimed car had full re-con engine ,new turbo it did not old engine of ebay with original parts added to engine. car had 5 months tax not the case no tax and has I did not have advert at time I could not prove to trader.(trader told trading standards he went and got tax for me). but never full 6 months warranty against turbo and engine no warranty was supplied in writing and trader 1 year on refusing to show the warranty failed to supply mot saying he had mis-layed it. 4 advisorys for tyre needing changed once my garage supplied me a copy. it failed on a mot he had done which he then got changed and fitted on 4 more close to bold proved by mot reports. reported issue to trader 2nd day car had very bad oil leak that was not seen has oil was below sump and only spotted once filled. reported on first day of purchase in phone call to trader and injectors blowing allowing carbon dioxide to enter car blacking up windows and smoothing us in fumes not fit for purpose also reported after 2 weeks. gear box had issues going in 2 certain gears after 2 weeks reported issue. Car was removed from road after 2 weeks use and not been driven 1 year on. car service book had been altered by trader a claim by garage to show new fitted engine and various other work done that by phone they say was not. trader is advertising himself has independent but the truth was he is ltd. please tell me if you think I have genuine claim
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yes the courts have allowed him the set aside , and returned my case back to stage 1 has long has he put his defence forward and paid court fees and bailiff's costs which he did do. I still have very strong case and now he gave me further evidence by lying on statement of truth for set aside helped by him in his defence statement which are both different stories of what he did in respects of sorting out the car. He first claimed I drove car back 100 miles and now his telling them he collected car, plus I purchased in November now he put October. He claims to have repaired car December but not to standard has he advertised it, but I have trading standards letters showing he contacted them in February stating he will collect and repair car. I also have the garage who he claims fitted re-con engine and new turbo stating it was just a engine brought of ebay in writing.
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he stated on advert in a write up about himself he his independent trader and put nowhere he was ltd company, i.e. at no stage informs buyers he his ltd till he gets problems. He put a statement of truth in for set aside telling 1 story, that has now changed in defence statement guess this will help has he as lied already to courts and can only dig a bigger hole to get out of it.
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hi I have now received a defence claim of car trader, he now claims he feels unfair I personally sued him not his ltd company, he says he repaired car and I refused collection and also I threatened his family and now deceased parents. He has gone done line I was advised on the fact he is ltd and wants case moved to his company to allow him wind up his business has he has done on other occasions.
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ok guys need some help?? just spoke to courts after defendant failed to comply with judges orders to enter defence and pay costs to bailiff's for charges owed. I was told by court adviser that I need to write to court in couple of days telling them no defence entered judge will then look at case and award it to me again, I pointed out it will give defendant chance to set aside again and he needs to be stopped being allowed to do this. The Clarke said cant he cant do it as many times has he wants so you wont get your money, I pointed out you get your 80 pounds every time so you don't care he responded its the way county courts work. Is there any where I can go to show courts are letting crooks use the system so the also make there money from them and get it stopped.
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hi just a little update the 2nd set aside by defendant was a success for him even though he only had word of mouth for evidence and I put supporting evidence forward that proved he lied to courts, judge allowed him to enter new defence and pay enforcement costs I have lost up till now. I learnt a good lesson here don't matter the proof you have backing from trading standards to also say defendant is trading outside law, they will side with crooks always.
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bought a dangerous, un-roadworthy vehicle
david1471 replied to Dukesy's topic in General Motoring Issues
I can certainly tell you he cant get away with saying he never claimed the car to be roadworthy/unroadworthy, it would be up to him to no has he would have had to informed you before hand, you need to tow the vehicle has it his not fit for purpose. So by letting you drive vehicle away he claiming its fit for purpose. -
bought a dangerous, un-roadworthy vehicle
david1471 replied to Dukesy's topic in General Motoring Issues
hi gone through very similar thing as you, sailor Sam is spot on with his advise. If he wanted to sort your issue he would have done before hand, he will agree to prolong going to court, then not enter defence against your claim, then start using set aside not turn up then enter another set aside. this is happening to me right now. I cant do a thing to stop it but keep hanging in there till the point comes where court say no more your paying. 1 bit of good advice don't use court bailiffs waste of time and money. just a query where did you purchase vehicle, sounds very similar story to mine. ie:- ebay trader, rogue garage doing shoddy work and filled service book and using different names and phone numbers acting has private sales. -
hi been doing bit of research a lot of people are using the account so far got a martin, Paul and a tony claiming to be owner of cleeveland cars. A scrap yard supplying some of the vehicles for them, 2 garages 1 putting on dodgy mots and other stamping services books and putting work that's not been done like cam belt done. I also noticed there moving cars to another garage called grayland's ltd and selling from there and were also advertising cars belonging to family or a mates car for sale trying to take away consumer rights. I would say there is good chance there linked. I have wrote to courts asking why they have let him put a 2nd application for set aside when 1st was thrown out by judge. I was informed he can put has many has he likes in till judge says no more. They have stated it will be put to judge that I am not happy that he the defendant put 1st application in but at no point attend or rang court to inform of change of address even though he was fully aware he would be expecting letter from court with hearing date. Also the warrant I have applied will be in place by time set aside is done, so he will be shocked a bit sooner than he thinks.
