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    • If you are buying a used car – you need to read this survival guide.
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Lancashire Diesel Centre/Heys Lane Car Sales, altered mileage -refuse to refund


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Can you keep us posted on this please. As Conniff says, TS should treat this very seriously. You should be writing to the seller by recorded post to formally reject the car. Once the letter has been posted the car must not be driven. Keep all your paper work safe as TS will need to see it. Normally I would advise to pursue the seller for a refund via the county court but in this case I think TS will want to be involved so you should follow their advice.

 

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The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

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I have just paid for a hpi check which came back clear and not showing any discrepancies which when I rang to query this she said it's because they haven't been told of any mileage for the car and without a manual check with VOSA which I could've done for free, they have now recorded the mileage discrepancy.

 

I rang citizens advice again this morning they have said that trading standards won't contact me as they have given a non-commitment to contact so basically I have to sort it out myself. I am sending a recorded delivery letter today to his new business name as advised by citizens advice, the car hasn't been driven as it's not roadworthy. It seems that the official route is on the side of the conman rather than the consumer

 

No No No! Contact Trading Standards yourself directly before you do anything else.

 

http://www.tradingstandards.gov.uk/advice/index.cfm

 

This is a clocking issue something they SHOULD be interested in as it's a criminal offence to sell a car with false advertised mileage. Does it state anywhere on your invoice that the mileage is not genuine? It's also illegal to sell an un-roadworthy car.

 

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

 

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What part of the country are you in?

 

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

 

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Ok Lisa... I have just been on to Citizen's Advice for you and explained your situ. I'm going to PM you the reference details.

 

Apparently the whole consumer advice set up changed April 1st and you have to now be referred by CAB to Trading Standards who will take action from the information you provide CAB. TS do not apparently need to contact you at this stage but that dosn't mean to say that they are not investigating your complaint. I suggest that you get someone to go along to the seller posing as a potential buyer for your old car and attempt to photograph the current mileage.

 

Can you tell us the seller's trading names please and the make, model, year of the car you bought and price paid.

 

I will stick with this one.

 

Please Note

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

  • Confused 1

 

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PM sent. Try and make the call ASAP.

 

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

 

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And what car did you trade in? Did you manage to speak to the person I mentioned in the PM?

 

http://www.autotrader.co.uk/dealer/527961/stock/used/cars#advert201216464880428

 

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

Edited by sailor sam

 

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As I said earlier, it would be interesting to see exactly what the milometer is reading... it could be that there is an error in the advert.

 

Have you sent your letter yet? If not, mention that you are rejecting the car under the SOGA 1979 as being falsely advertised and being not fit for the purpose (i.e. having a bald tyre). No doubt this is the advice you got from CAB.

 

Please keep us posted.

 

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

 

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Yes it has been posted by special delivery this afternoon I will let you know the outcome thanks for all your help

 

No probs. Knowing that we may get rid of another rouge car dealer is all the thanks we need! :pray2:

 

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

 

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You need to pass this info on to CAB first thing tomorrow under the same reference number. Personally I think he is bluffing. I wouldn't fall for it.

 

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

 

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Car was advertised as having done 76k which is what it is now (ish). Mileage on MOT issued last June 87600. Car that OP traded in was 90600 miles, now advertised as having done 83k. I have suggested that the OP tries to arrange for someone to pose as a buyer and take a pic of the mileometer of her old car. Also car was sold with bald tyre apparently.

 

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

 

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  • 3 weeks later...

Any news Jay?

 

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

 

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  • 1 month later...
Who would be able to look at that to try and find the correct mileage? Trading standards have basically told me I'm on my own this morning which is helpful as I can't even take him through small claims. He wrote the old trading name on my receipt of his company that had already closed down so as far as the courts are concerned that company is no longer trading

 

Trading Standards aren't interested??? Did they explain why? Obviously it can no longer be against the law to sell clocked vehicles then! I do not see why you cannot take him to court... it dosn't appear to be a limited company so you issue proceedings against the proprietor personally. Considering he is no longer trading, he seems to have a few cars still advertised on autotrader;

 

http://www.autotrader.co.uk/dealer/527961/stock/used/cars/postcode/wv46hb

 

Please Note

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

 

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Hi Jay... I've just spoken to CAB about this but unfortunately can only tell me that it has been referred to Trading Standards.Obviously I do not know who/what office is dealing with this but you have to appreciate that they don't act as a personal recovery service for individuals. What I am fairly confident though is that they will be investigating the trader. If you PM me the numbers/reference number of the TS office you are dealing with, it may help. In the meantime, have you written any formal letter (LBA) to Andrew Long? If so when and what did it say?

 

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

 

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It matters not tat he is refusing to accept your mail. You just show the recorded delivery slips to the judge and that should satisfy him that you have served notice of the proceedings. Looks like you will have to go ahead with you claim. If he ignores that, you will get judgement by default.

 

You are aware though that obtaing judgement is only half way of getting your money back don't you? You may have to issue a warrant to send in bailiffs but I would recommend you apply for a financial examination (oral) hearing where by he MUST attend and provide all evidence of his finances etc. You would even get to question him in front of the judge! DON'T forget to claim the interest as well. Helpful info here;

 

http://smallclaims.me.uk/index.html

 

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

 

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WAIT A MINUTE!!!! Do you mean to tell me that you have had the car repaired???? My advice in post #6 was to formally reject the car!!! Now you have had it repaired that is going to be almost impossible to do!! Did not TS/CAB also advise you to reject?? Once you reject, you should not touch the car again while you sue for a full refund which, under these circumstances, is exactly what you should do.

 

Now you have had repairs carried out, you may well have been deemed to have accepted the car and may have left you with the only option of suing for the cost of the repairs.

 

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

Edited by sailor sam

 

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Not 'may have' but 'will have'. You might just as well give up now and enjoy your transport. Anything else is going to cost you money and only a very slim chance of recovery.

 

I wouldn't entirely agree there Conniff, I think she can still claim for the repairs.

 

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

 

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Are you going to pursue the seller for the repair costs Jay?

 

Please Note

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

 

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Yes I am thanks for all your help and apologies for the strop on my previous post

 

There's no need... i'm sure we all appreciate your frustration and anger. Cases like this make me angry too!

 

Please Note

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

 

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Did you take him to court and did it help??

 

Don't think she has yet. If you have a problem with the same dealer you should deffo report it to TS but you will need to go through CAB. The more cases reported, the more chance of action being taken.

 

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

 

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  • 2 months later...

^^Have you reported it via CAB?

 

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The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

 

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I don't know about it being a TS matter... as far as i'm concerned this guy is obtaining money by deception which is contrary to the theft act. Have you thought of nipping down to your local nick and having a quiet word with an officer who knows what their talking about? Initially they may fob you off with the "it's a civil matter" line (which is what the trader is trying to make it look like), but I think there is more to it based on the OP's case which I would be interested to hear more about. I would try and make a complaint to the police but speak to a REAL police officer preferably someone from CID. Alternatively you may want to go back to 'the lady' at CAB and tell here that you are aware of another case involving this dealer and ask if they are investigating them.

 

Unless you can get the police involved, I think that you should take the dealer to the small claims to get your deposit back. at least thats all you have lost so far...you could of been more unlucky by actually buying the car from them.

 

Please Note

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

 

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I have just come of the phone from the CAB. They have informed me that the only way to get my money back is through the small claims court, I for one wished I had done this in the first place as calling the CAB and trying to involve the TS is, in my opinion, a total waste of time. It seems that unless there is profit for the TS to get involved, I.e fines for clocking and selling un-roadworthy vehicles { again the TS take them to court and get awarded costs } They are totally uninterested. It also appears to me that "Andy Long" knows this and is totally aware that no action will be taken against him in relation to any of his crimes...Andy Long did offer to refund me my money after receiving the registered letter but only if I gave him my bank account details { At that I laughed , as why on earth would I give someone who is trying to rip me off my bank account details} I then rang him and left a message saying that if he was genuine about giving me my money IN CASH that I would be willing to drive back to his pitch and collect it.. All to no avail as I am still awaiting his response almost two months later. The police said that it is a civil matter and when I asked them was it not fraudulent to take the money by deception , they said I should have give him my bank account details as the banks have things in place to stop people from rifling peoples accounts.. I said to the officer that last year someone emptied my bank account in Spain whilst I was at work in Rochdale and he said " that's a matter to take up with the bank " He also said that £100.00 is not a big sum to try and rip someone off by, but if you rip 5 people a week off with it then it all adds up to quite a good wage..Anger is now setting in as I seem to be just going round in circles....

 

I must remember that the next time i'm in a supermarket and help myself to a bottle of whiskey, safe in the knowledge that the police don't regard anything under £100 worth pursuing.

 

Looks like making an application to the small claims court then. The below link should help;

 

http://justclaim.co.uk/index.html

 

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

 

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I too purchased a car 2 weeks ago from Lancashire Diesel centre . Although supplied with 12 months MOT it has a string of faults which will cost me hundreds to put right. When I contacted previous owner I was informed car had been a write-off twice! of course I was never informed of this when purchasing the car. When you buy from a dealer you expect things like this to be advised to you. I contacted Mr Long and again not interested put the phone down and advised me never to contact him again! I am outraged!

 

You must report this to CAB who will pass it ion to trading standards. I know Disgruntled Kia will think it's a waste of time but I reckon the more complaints that are made, the more chance something will be done. In the meantime, you need to go through the motions formally rejecting the car which means that you will need to stop using it and writing to the seller informing him that you are rejecting it.

 

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

 

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  • 2 weeks later...

With the amount of cases we seem to be getting about the same dealer, I would urge all concern to perhaps contact Watch Dog here; http://www.bbc.co.uk/watchdog/gotastory/

 

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

 

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  • 3 months later...
we bought a car from him and almost had a crash when the power steering stopped working on a roundabout.

 

He must have known about it and didn't tell us that it is highly dangerous and that we might die.

 

Lucky we didn't take our baby on it straight away!

 

He didn't sign the invoice (we were so stupid not to check!) and didn't send the documents to DVLA to register us as new owners.

 

when we tried to register, DVLA told us that the car has been written off by the insurance

and that we need to do the identity check to see if this is indeed the car or has been stolen.

 

Someone needs to put a stop on it!

 

In addition to what Conniff says, see also my post #64.

 

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

 

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