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Re: Trading Standards [Re: chris_gilly] #440638
2nd Nov 2010 12:22am
2nd Nov 2010 12:22am
Joined: Jul 2008
Posts: 12,265
Birkenhead
diggingdeeper Offline

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diggingdeeper  Offline

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Birkenhead
Originally Posted by chris_gilly
as he said on the reciept it says sold as seen. therefor it was agreed as the car was taken away.
Can't see any mention of this, perhaps me just being blind?

Not too sure if even "sold as seen" overrides a "should be as described", but that would most probably be a long winded and unpredictable battle.


In a time of universal deceit - telling the truth is a revolutionary act. George Orwell

We should judge our economy by the absence of poverty, not the number of billionaires - Jeremy Corbyn
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Re: Trading Standards [Re: diggingdeeper] #440644
2nd Nov 2010 7:10am
2nd Nov 2010 7:10am
Joined: Aug 2010
Posts: 163
Bromborough
L
LisaW Offline
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LisaW  Offline
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Bromborough
Link

hope the above link helps smile

Key point from the link copied below but you would have to prove that the seller was aware of the problems when it was sold

You have fewer legal rights if you buy privately. For example, there is no legal requirement for the car to be of satisfactory quality or fit for purpose. However, the following rights do apply:

- the car must be as described and must be roadworthy so if a private seller misleads you about the condition of a car, you can sue for your losses

Last edited by LisaW; 2nd Nov 2010 7:13am.
Re: Trading Standards [Re: LisaW] #440662
2nd Nov 2010 9:26am
2nd Nov 2010 9:26am
Joined: Nov 2010
Posts: 1
merseyside
E
elvis Offline
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merseyside
I think one main point is, Is the seller a dealer ?
If it can be argued that the seller was for all intense and purposes doing this as a trade then he is bound by the same rules as any other trader.
Having done a little digging myself I recon I could succesfully argue that on the weight of probability he is a trader having found a number of adverts on the internet (some very recent ones).
Once listed in court the oppertunity of discovery is then available in order to re enforce that view, For instance, Who does he work for and, has that company given him a company car recently. (one of the oldest excuses ever used to explain the need to sell a car)

On the question of was the seller aware of the fault and therfore mislead the buyer. The seller has provided the evidence of that in his own pictures lol

Take him to small claims bungle m8, I would smile
oh and dont forget the to add 8% interest plus out of pocket expenses wink

Re: Trading Standards [Re: LisaW] #440664
2nd Nov 2010 9:31am
2nd Nov 2010 9:31am
Joined: Nov 2003
Posts: 12,002
Wirralshire
StuyMac Offline
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The car may have been running all well and good, and the HG went on the way home.

As already mentioned, when the failure occured, and if the seller knew about it will be very hard indeed to prove.

On Private sales its always a good idea to take the car for a good long test drive, with mixed driving and roads - Id say 30-60mins, that way if there is an issue with the car, you can just walk away. You dont need quite as much caution with a trader as you have more rights and comeback should something go wrong.

Sounds like you just got unlucky with buying a car - your not the first, and Im sure you wont be the last frown


[Linked Image]

What If There Were No Hypothetical Questions?
Re: Trading Standards [Re: LisaW] #440705
2nd Nov 2010 11:41am
2nd Nov 2010 11:41am
Joined: Jul 2008
Posts: 12,265
Birkenhead
diggingdeeper Offline

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diggingdeeper  Offline

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Birkenhead
Originally Posted by LisaW
but you would have to prove that the seller was aware of the problems when it was sold


The "as described" statement probably overrides the awareness in respect that if the seller makes a voluntary statement of condition then it is up to the seller to ensure to make sure his statement is true, the seller couldn't make a statement and then plead ignorance of the validity of that statement.


In a time of universal deceit - telling the truth is a revolutionary act. George Orwell

We should judge our economy by the absence of poverty, not the number of billionaires - Jeremy Corbyn
Re: Trading Standards [Re: diggingdeeper] #440825
2nd Nov 2010 10:26pm
2nd Nov 2010 10:26pm
Joined: Nov 2010
Posts: 4
Liverpool
B
bungle Offline
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Liverpool
Thank you all for giving us your thoughts, I honestly believe I was knowingly ripped off and now intend on pursuing this person to the full.

Re: Trading Standards [Re: bungle] #440827
2nd Nov 2010 10:31pm
2nd Nov 2010 10:31pm
Joined: Jul 2008
Posts: 12,265
Birkenhead
diggingdeeper Offline

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diggingdeeper  Offline

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Joined: Jul 2008
Posts: 12,265
Birkenhead
Citizen's advice then 1st.


In a time of universal deceit - telling the truth is a revolutionary act. George Orwell

We should judge our economy by the absence of poverty, not the number of billionaires - Jeremy Corbyn
Re: Trading Standards [Re: diggingdeeper] #440830
2nd Nov 2010 10:44pm
2nd Nov 2010 10:44pm
Joined: Nov 2010
Posts: 4
Liverpool
B
bungle Offline
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bungle  Offline
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Posts: 4
Liverpool
Nope I've been advised & shown what direction I should go along, I don't want to show my hand just yet but was hoping a certain member would do the right thing.

Re: Trading Standards [Re: bungle] #440859
3rd Nov 2010 9:27am
3rd Nov 2010 9:27am
Joined: May 2009
Posts: 1,151
Birkenhead
DJ_Karl_David Offline

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Birkenhead
i notice the advert has now been edited so it no longer says everything works as it should

Sounds dodgy to me,

Re: Trading Standards [Re: DJ_Karl_David] #440865
3rd Nov 2010 10:48am
3rd Nov 2010 10:48am
Joined: Nov 2008
Posts: 8,056
tranmere
B
bert1 Offline

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bert1  Offline

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Posts: 8,056
tranmere
If anything has been removed from the original advert perhaps whoever removed it should explain why, it would at least stop any accusations that may come about, like closing ranks.
If we put aside whether the seller knew there was a problem with the car or not, the decent thing to be done here is to refund the buyer in full, selling a car that develops a problem overnight and then wiping ones hands of the problem is only the actions of a conman and not the actions of a fair minded person. Hiding behind bought as seen would only confirm to most as a dodgy deal or dealer, no decent or fair minded person would indulge in such activity. A decent person who thought they were carrying out a fair and honest transaction would apologize and return the money.


God help us,
Come yourself,
Don't send Jesus,
This is no place for children.


Bertieone.
Re: Trading Standards [Re: bushnut] #826284
20th Sep 2013 4:03pm
20th Sep 2013 4:03pm
Joined: Oct 2007
Posts: 4,868
shropshire
chriskay Offline
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chriskay  Offline
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Posts: 4,868
shropshire
Originally Posted by bushnut
Good starting point is Consumer Direct, who take all calls for Trading Standards across the UK, and provide consumer advice.

www.consumerdirect.gov.uk
08454 04 05 06


Just been on to them.
Yesterday I was in Morrison's and saw a little jar of Ham and Beef spread which I thought I'd try. It's actually not very good, but the point is, I think it contravenes the Sale of Goods Act. Attached are pictures of the main label and the "small print".
My complaint, with which the chap at Consumerdirect agreed, is that there's no mention on the front of the label of "chicken" but in the list of ingredients there's more chicken (17%) than beef (14%).
I think this is deception, and I've told Morrison's head office so.

Attached Files P1000629.jpgP1000630.jpg

Carpe diem.
Re: Trading Standards [Re: Mark] #826413
21st Sep 2013 12:36am
21st Sep 2013 12:36am
Joined: Aug 2008
Posts: 19,446
Here.
RUDEBOX Offline
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RUDEBOX  Offline
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Joined: Aug 2008
Posts: 19,446
Here.
Baxters Chicken Broth: Ingrediants- water carrots potatoes 7% rice onions chicken 3%


Mia Mabel

Ohhhhhhhhhhhhh! Jer-e-my Cor-byn

Re: Trading Standards [Re: chriskay] #826582
21st Sep 2013 6:50pm
21st Sep 2013 6:50pm
Joined: Sep 2013
Posts: 82
Wirral
_
_Billy_ Offline
Member
_Billy_  Offline
Member
_
Joined: Sep 2013
Posts: 82
Wirral
Have you ever looked at the ingredients of a tin of hot dogs? Lots of mechanically reclaimed chicken, if you compare the low cost tins of hot dogs to the high cost tins, there is very little difference in the content of mechanically reclaimed chicken.


If in doubt, ask Billy.
Re: Trading Standards [Re: Mark] #1003840
7th Mar 2016 8:42pm
7th Mar 2016 8:42pm
Joined: Jan 2011
Posts: 262
Moreton
M
Martin1943 Offline
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Martin1943  Offline
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M
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Posts: 262
Moreton
What about "the Misrepresentation Act" it applies to any form fo contract based on misrepresentation,private Sale or not.

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