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 Post subject: What would you do?
PostPosted: Tue Dec 02, 2008 6:13 pm 
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I was involved in a smash back at the end of September - non blame.

The consequence being is the insurers wrote my cab off and I received a cheque for settlement of the car in just under three weeks. It was banked on the 20th October but the insurance company would only pay for the (Cab) hire car up to the 14th November a total of approximately (6) weeks, basically because I now have the money they obviously expected me to have gotten another by now, on the surface it would seem to be fair the way that they have conducted themselves but it is a specialist car and as such unless you get lucky you have to deal with a company up in Scotland.

Anyway because I tried to get a vehicle as nearest as possible to the mileage and year of my previous cab I have ended up paying rental charges of £504 ( because I have to work) and a further £750 because the vehicle that I purchased was around the same mileage but a year younger. The ironic part is I was still looking for a vehicle as a replacement - and there is my (written off vehicle ) up and running about trading as before.

Sorry did I say the same mileage! the problem is I live in "South Wales" and the cab supplier is in "Scotland" this is quite a distance to start going back and for so I have had to buy blindly over the Internet from a major cab supplier. You get to see a picture and you also have the mileage from them on the site, you are also told ( and get to see it in print ) that they do a 43 point inspection/rectification plus a 12 month warranty so you are not really going to get any problems that are going to bite you on the bum.

After many lies about delivery etc the cab arrived, but two main points on the cab had not been done as agreed and were necessary for me to carry out my work, so I sent it back! yep down from Scotland, back up for the jobs to be done and then back down. So when it was delivered for the second time I signed for the vehicle and was driving the delivery driver to the train station that I saw that the mileage is nearly 9000 ( yes nine thousand ) more on the clock than advertised :shock: :shock: :shock:

I do not see that signing for the vehicle being a problem as I am aware that they are in breach of contract, the cab itself is in good condition and I would nevertheless like to keep it mainly because of the problems I have had over the last couple of months and I would like my life to settle back down. The vehicle has been paid for straight out of my bank account so there is no outstanding finance and was paid for via my bank card, the question is: What reduction in price should I be looking for as compensation?

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 Post subject: Re: What would you do?
PostPosted: Tue Dec 02, 2008 6:25 pm 
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cabby john wrote:
What reduction in price should I be looking for as compensation?

Can't you see what you would get for your vehicle with it's existing mileage compared with what price you would get with the mileage you was given by the dealer?

The difference is what I would go to the small claims court for, if the dealer didn't come across. :wink:

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 Post subject:
PostPosted: Tue Dec 02, 2008 6:52 pm 
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I can't argue with sussex on his valuation, John.

When you say you paid with your 'bank card,' I presume that was a debit card? If it was a credit card, you have comeback against the card issuer under the Consumer Credit Acts.

Good luck sorting it out and love to Patricia.


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 Post subject:
PostPosted: Tue Dec 02, 2008 7:37 pm 
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Quote:
Good luck sorting it out and love to Patricia.


Hi Steve, I would love to give love to Patricia whoever she is - but the missuses name is Pam - and she would Bobbit me :wink:



Quote:
Can't you see what you would get for your vehicle with it's existing mileage compared with what price you would get with the mileage you was given by the dealer?


Not really because the company concerned advertise how much you can buy the vehicle for on a weekly basis only, i.e "you can be buying this car for only £83.67p per week. It is only when you go to them and state you want to buy out right that they will give you a price - so there is no actual price to compare with!

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 Post subject:
PostPosted: Tue Dec 02, 2008 7:40 pm 
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What was the mileage that was quoted and what was the actual mileage? Obviously if the quoted mileage was 20,000 and the car had 29,000 you could ask for more than if the quoted mileage was 180,000 and the actual mileage was 189,000.
Did the advert say aproximate mileage or mileage correct on a certain day?

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 Post subject:
PostPosted: Tue Dec 02, 2008 8:16 pm 
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grandad wrote:
What was the mileage that was quoted and what was the actual mileage? Obviously if the quoted mileage was 20,000 and the car had 29,000 you could ask for more than if the quoted mileage was 180,000 and the actual mileage was 189,000.
Did the advert say aproximate mileage or mileage correct on a certain day?


The car that I purchased was a year younger than the one that I had but approx the same mileage as the original, the actual mileage advertised was 96,500 ( I have the advert in print ) but when I drove the guy to the station it was only then that I could see that it was 105,426.

The way I see it is that if it were the other way around they would either want to put the price up or give you/me less on your/my vehicle.

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 Post subject:
PostPosted: Tue Dec 02, 2008 8:22 pm 
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is the vehicle listed in Parkers guide online?

what mileage was on the invoice?

http://www.parkers.co.uk/


also, what does the distance selling law say on this?


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 Post subject:
PostPosted: Tue Dec 02, 2008 8:29 pm 
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Distance Selling Regulations

Distance selling means selling and buying by phone, mail order, via the Internet or digital TV. Such transactions are covered generally by normal buying and selling legislation, but they are also covered by special Distance Selling Regulations.

Distance Selling Regulations give protection to consumers who shop by phone, mail order, via the Internet or digital TV: The protection includes:

• The right to receive clear information about goods and services before deciding to buy;
• Confirmation of this information in writing;
• A cooling off period of seven working days in which the consumer can withdraw from the contract;

• Protection from credit card fraud.

Guide for Businesses on Distance Selling Regulations

The Department and the Office of Fair Trading (OFT) issued revised guidance for businesses on the Distance Selling Regulations in September 2006. In a press notice (http://www.oft.gov.uk/news/press/2006/133-06). The then Minister Ian McCartney said: 'Consumers deserve protection whether they are buying from their local shop or online. But businesses need to have a clear idea of where the law stands. That's why this... guidance will support businesses in their efforts to operate distance sales and give consumers the protection they deserve.'

E-commerce Regulations put the EC Directive on E-commerce into UK law. Amongst other things the Directive requires Member States to ensure that contracts can be concluded electronically.

The Distance Marketing of Financial Services Directive establishes a set of EU-wide rules on the information that must be supplied to consumers when financial services are sold at a distance. The Financial Services (Distance Marketing) Regulations 2004 which implement the Directive came into force in October 2004. HM Treasury leads on financial services issues in Whitehall.

Provisions of Private International Law (PIL) are also relevant to e-commerce in relation to cross border transactions and disputes. The Ministry of Justice leads on PIL issues in Whitehall.


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 Post subject:
PostPosted: Tue Dec 02, 2008 9:23 pm 
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cabby john wrote:
Not really because the company concerned advertise how much you can buy the vehicle for on a weekly basis only, i.e "you can be buying this car for only £83.67p per week. It is only when you go to them and state you want to buy out right that they will give you a price - so there is no actual price to compare with!

What credit scheme you are on, and what you pay weekly/monthly really shouldn't matter.

The difference is between what the vehicle price was when you bought it (it must say that on the credit agreement), and what it would be with the extra milage.

Might be worth looking it up on a trader's site, or make a good estimate. If the judge in the small claims court thinks you are trying it on he will say so.

If I was to guess, then I would say a 9,000 difference is worth between £500 and £1000.

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 Post subject:
PostPosted: Tue Dec 02, 2008 9:54 pm 
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wannabeeahack wrote:
is the vehicle listed in Parkers guide online?

what mileage was on the invoice?

http://www.parkers.co.uk/


also, what does the distance selling law say on this?


There was no mileage on the delivery invoice however the driver recorded the mileage on the returning invoice.

The MOT certificate issued by them shows that it had over 104000 on the clock whilst in their possession so there is no doubt re the mileage, with regards to "Parkers" I had already checked it but as you can see they do not deal with the commercial side - so no joy.

I notified them by phone on the day of delivery that all was not well, the usual story starts to unfold - we will get so and so to ring you but as ever they do not.

There may be one or two who might think that I am being picky, but as I see it we always seem to get the wrong side of the coin and I am a bit peeded off to say the least. All I wanted to do was to give them xxxx Pounds and to get what they advertised, so what could be more simple and why can they not do that.

Today comes around and I leave it until late in the afternoon waiting for that elusive phone call and as ever it is not going to happen, so! I rang them - well sir perhaps the advert never quite said that the mileage was exactly what you are saying and the mileage was only approx - I was in no mood to take prisoners and politely told him so. I informed him that I have a copy of the advert and as far as I am concerned they are in breach of contract, I then had the standard reply that so and so will ring me tomorrow - so we will see!"


Thank you very much for the "Distance Selling Regulations" post.

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 Post subject:
PostPosted: Tue Dec 02, 2008 10:04 pm 
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Quote:
The difference is between what the vehicle price was when you bought it (it must say that on the credit agreement), and what it would be with the extra milage.


If you look on a particular site you will see that they do not quote an actual price on their cars only what it would cost to buy on a weekly basis, unlike some sites that say the actual price. If they stated the price of the vehicles then you have something to compare with but in this instance I cannot compare.

I paid cash so there is no credit agreement just a basic bill of sale.

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 Post subject:
PostPosted: Tue Dec 02, 2008 10:24 pm 
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lets do it the other way


10,000 miles more than advertised but your happy with the vehicle?


so what would you think 10,000 miles is worth?

or you ring trading standards


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 Post subject:
PostPosted: Tue Dec 02, 2008 11:00 pm 
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Quote:
10,000 miles more than advertised but your happy with the vehicle?


The vehicle seems to be in good condition - however early days. The bottom line being is that I would not have paid what I did for the vehicle had I known what was on the clock, but I would have had it and paid less if I had known the true mileage.

Quote:
If I was to guess, then I would say a 9,000 difference is worth between £500 and £1000.


I was thinking on the same lines but more towards the £1000 mark.

Quote:
Distance Selling Regulations


I have been thinking more about this link and I would think that it is more to do with online purchasing, in my case the advert was on the internet but the purchase was done by a normal transaction over the phone.

However I am prepared to be wrong.

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 Post subject:
PostPosted: Tue Dec 02, 2008 11:17 pm 
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you may have consumer protection via your card, this used to be credit cards only but i think visa debits have it too now.

at the end of the day it wasnt as described.


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 Post subject:
PostPosted: Tue Dec 02, 2008 11:38 pm 
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wannabeeahack wrote:
you may have consumer protection via your card, this used to be credit cards only but i think visa debits have it too now.

at the end of the day it wasnt as described.


You may very well be right as I was thinking that only credit cards have protection, I will be on to Lloyds in the morning as I paid with my visa card, I will see what they have to say and let you know.

Many thanks

John

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