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Trading Standards #214868
10th Mar 2008 10:47am
10th Mar 2008 10:47am
Joined: Nov 2003
Posts: 21,194
Wirral
Mark Offline OP

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Mark  Offline OP

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Wirral
[Linked Image]

Just a Lazy link to Trading Standards.

Home page click me

Wirral Metropolitan Borough Council
Trading Standards Division
Department of Regeneration
Town Hall
Brighton Street
Wallasey
Wirral
CH44 8ED


t: 0151 691 8020
f: 0151 666 5215
e: tradingstandards@wirral.gov.uk OR consumeradvice@wirral.gov.
w: http://www.tradingstandards.gov.uk/wirral/


  • Problems with goods
  • Problems with services
  • Problems with cars
  • If you are in dispute
  • More consumer problems


Lots of Helpful Advise Click me


My Avatar images are all from the Wirral Gallery.Click Me
Wow Wirral History is coming along Great! Wirral History

we get +200 new members a month now smile
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Re: Trading Standards [Re: Mark] #215970
14th Mar 2008 5:08am
14th Mar 2008 5:08am
Joined: Aug 2004
Posts: 22,315
Moreton/Beirut/Mobile
MattLFC Offline
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Moreton/Beirut/Mobile
Good post Mark, these and the Citizens Advice Bureau can help you resolve a whole weath of problems.

smile

Re: Trading Standards [Re: MattLFC] #429637
7th Sep 2010 12:39pm
7th Sep 2010 12:39pm
Joined: May 2010
Posts: 84
Wirral
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bushnut Offline
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Wirral
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

Re: Trading Standards [Re: bushnut] #429697
7th Sep 2010 4:13pm
7th Sep 2010 4:13pm
Joined: Jul 2008
Posts: 1,509
Wallasey
Capt_America Online content
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Wallasey
Welcome to the machine bushnut.


See you in cyberspace!
Re: Trading Standards [Re: Capt_America] #440510
1st Nov 2010 1:08pm
1st Nov 2010 1:08pm
Joined: Nov 2010
Posts: 4
Liverpool
B
bungle Offline
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Liverpool
Hi guys I'd like to get a few opinions on a dilemma I'm currently facing. I've been in touch with trading standards & their advise was to take this individual to court.

Here are a couple of the adverts this user used to sell the car:
Quote
Vauxhall Astra 1.7DTi
the car has covered 132k (nothing for a diesel)
has air con, elec windows, power steering,
everything on the car works as it should
drives like new, no squeeks or rattles
front bumper has some stone chipping
around the car there are some scratches (shown in the pics)
interior is light colour, and there are some burns in the drivers seat, and door car,(also shown in pics)
company car forces Sale
925


Quote
must be gone by sunday night, company car forces Sale, and lack of space.
cheap tax band (50 for 6months)

car has a few scratchs in the paint shown in pics
interior drivers seat has minor burns from previous owner. again in pics

exelent runner, very economical car, and quite quick

mot till march and tax till end of feb

worth more in parts if you have the time and space to break it!


Now the story with this car, on the day I purchased it I specifically asked about the head gasket & overheating and was assured their was no problems with the car, the person actually made a point of pointing out how well the car runs bla bla bla. Anyhow after getting the car home & checking the usual's the next day I noticed the water had disappeared from the water bottle, taking this to a garage and they concluded I may have a problem with the head... Off to call the person from whom I got it, no surprise he is not answering the phone, a quick text to him and again no surprise I got an answer sold as seen which I got to admit he did right on the receipt but I bought it as advertised.

Oh btw I paid a garage to take a look at this car and they confirmed the head gasket had gone but their was other problems lurking within the engine too.

Have I been duped and how would you handle this?

Re: Trading Standards [Re: bungle] #440515
1st Nov 2010 1:51pm
1st Nov 2010 1:51pm
Joined: Jan 2005
Posts: 8,795
Tranmere
Wheels Offline
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Wheels  Offline
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Posts: 8,795
Tranmere
This advert rings a bell :S

Is it Y reg and blue?

Re: Trading Standards [Re: bungle] #440516
1st Nov 2010 2:00pm
1st Nov 2010 2:00pm
Joined: Jul 2008
Posts: 12,105
Birkenhead
diggingdeeper Offline

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diggingdeeper  Offline

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Birkenhead
He specifically states "everything on the car works as it should" and "good runner", although a court would take into account the age, price and mileage of the car in assessing how well things should be, a headgasket problem would probably be assessed as non-compliant with his statement.

A small claims procedure is relatively cheap and easy to issue against him but you would need a proper statement/assessment from the garage.

It is not uncommon for people to back down straight away when they receive the small court summons.

I would speak to citizens advice first because the general rule is "buyer beware" especially on car sales.

Something else worth looking into is how many other cars he has sold, is he private or is he acting as a dealer which could change the legal position.

The above is my personal opinion and not advice.


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: Wheels] #440540
1st Nov 2010 4:39pm
1st Nov 2010 4:39pm
Joined: Nov 2010
Posts: 4
Liverpool
B
bungle Offline
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bungle  Offline
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Liverpool
Originally Posted by Wheels
This advert rings a bell :S

Is it Y reg and blue?
Yep, I'm hoping he will see this post and do what's right before I issue court proceedings. I cannot even drive this car, the garage who looked at it advised me to get it home quick before it dies.

Re: Trading Standards [Re: bungle] #440571
1st Nov 2010 7:07pm
1st Nov 2010 7:07pm
Joined: Feb 2009
Posts: 1,952
tranmere
chris_gilly Offline

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chris_gilly  Offline

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tranmere
the H/G on these are buggers, i did one a while back after a load of garages refused to do it, i did it skimmed the head and the H/G blew straight away had to change it twice. if you take it to a garage who know these engines be prepared for a nice bill or to be rufused frown

Re: Trading Standards [Re: chris_gilly] #440612
1st Nov 2010 9:55pm
1st Nov 2010 9:55pm
Joined: Dec 2003
Posts: 8,019
my house
Sanchez Offline

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Sanchez  Offline

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my house
If he is private I dont really think you have a leg to stand on bud unless your mechanic can really prove that the damaged HG went well before you bought it, which again im no expert on but I could imagine that its not easy to do so.


Uncertainty or not knowing causes depression, Im happy because I know I'm going to die one day!
Re: Trading Standards [Re: Sanchez] #440614
1st Nov 2010 10:00pm
1st Nov 2010 10:00pm
Joined: Feb 2009
Posts: 1,952
tranmere
chris_gilly Offline

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chris_gilly  Offline

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tranmere
Originally Posted by Sanchez
If he is private I dont really think you have a leg to stand on bud unless your mechanic can really prove that the damaged HG went well before you bought it, which again im no expert on but I could imagine that its not easy to do so.


tbh i doubt it can be proved when it went. frown

and as for private sales you have no come back what so ever frown

just one of those things live and learn frown

Re: Trading Standards [Re: chris_gilly] #440616
1st Nov 2010 10:10pm
1st Nov 2010 10:10pm
Joined: Dec 2003
Posts: 8,019
my house
Sanchez Offline

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Sanchez  Offline

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Joined: Dec 2003
Posts: 8,019
my house
Originally Posted by chris_gilly
Originally Posted by Sanchez
If he is private I dont really think you have a leg to stand on bud unless your mechanic can really prove that the damaged HG went well before you bought it, which again im no expert on but I could imagine that its not easy to do so.


tbh i doubt it can be proved when it went. frown

and as for private sales you have no come back what so ever frown

just one of those things live and learn frown


That made that clear to me chris smile Soz bungle but I think its a lost cause and you'll just be chasing your tail. Unfortunately the car game is ruthless and goes on everyday. As private sellers are not obliged to follow tough rules and regs, like traders do they can pretty much advertise and sell it (with in reason) how ever they like. You must proove that the seller was deceitful in order to make any form of claim and thats not easy. If he prooves you wrong then that leaves you open to slander charges frown.

Just take it as a learning curve mate, it wont be the first or the last time it happens.


Uncertainty or not knowing causes depression, Im happy because I know I'm going to die one day!
Re: Trading Standards [Re: chris_gilly] #440631
2nd Nov 2010 12:04am
2nd Nov 2010 12:04am
Joined: Jul 2008
Posts: 12,105
Birkenhead
diggingdeeper Offline

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diggingdeeper  Offline

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Posts: 12,105
Birkenhead
Originally Posted by chris_gilly
and as for private sales you have no come back what so ever frown


I don't think that's strictly true, if it can be shown a seller makes statements that are false then you do have a comeback unless you agree to buy "as seen" or similar.

"When you buy goods from a private individual, you don't have the same rights as when buying from a trader. The legal principle of caveat emptor, or 'buyer beware', operates. You have no rights to expect that goods be of satisfactory quality or fit for their purpose, but there is a requirement that they should be 'as described'. You should check goods thoroughly before you buy them."


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] #440633
2nd Nov 2010 12:11am
2nd Nov 2010 12:11am
Joined: Feb 2009
Posts: 1,952
tranmere
chris_gilly Offline

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tranmere
as he said on the reciept it says sold as seen. therefor it was agreed as the car was taken away.

Re: Trading Standards [Re: chris_gilly] #440635
2nd Nov 2010 12:14am
2nd Nov 2010 12:14am
Joined: Dec 2003
Posts: 8,019
my house
Sanchez Offline

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Sanchez  Offline

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Posts: 8,019
my house
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.


Fair points diggin but as chris says, sold as seen...taken away.


Uncertainty or not knowing causes depression, Im happy because I know I'm going to die one day!
Re: Trading Standards [Re: chris_gilly] #440638
2nd Nov 2010 12:22am
2nd Nov 2010 12:22am
Joined: Jul 2008
Posts: 12,105
Birkenhead
diggingdeeper Offline

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diggingdeeper  Offline

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Joined: Jul 2008
Posts: 12,105
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
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
Enthusiast
LisaW  Offline
Enthusiast
L
Joined: Aug 2010
Posts: 163
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
elvis  Offline
E
Joined: Nov 2010
Posts: 1
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: 12,105
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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bungle  Offline
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Joined: Nov 2010
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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: 12,105
Birkenhead
diggingdeeper Offline

Wiki Master
diggingdeeper  Offline

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Posts: 12,105
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: 8,035
tranmere
B
bert1 Offline

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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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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
Wiki Master
RUDEBOX  Offline
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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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Moreton
What about "the Misrepresentation Act" it applies to any form fo contract based on misrepresentation,private Sale or not.

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