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Used Car bought - No DPF? What to do?

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  • #16
    Wow, i cant believe how helpful people on here are, bearing in mind i am a complete stranger!

    i really appreciate it.

    I'm not one for sob stories but... I have just been posted back to the UK from Kenya with the British Army, my wife is 6 months pregnant and we are moving

    i bought this car to aid in the above.... what a mistake! Well stressed out with it and not being able to get about

    i will complete the letter and take the advice that has been given on this thread and upload it for you experts to cast your eyes over it if you dont mind

    again, thank you very much

    Jamie

    Comment


    • #17
      Jspeno_99 Firstly it is a pleasure, secondly since you mention the Forces your in may I recommend you put into Google "cars for forces" because since you mention your in the British Army you maybe able to seek some extra support in getting a brand new car tax free and with specialist finance available and even some forces charities such as SSAFA may be able to help you in getting a car cheaper. There is tonnes of support our for our service people for getting cars and you get some big discounts too since you put your life on the line to keep our country safe and from one forces family to another I thank you for your service.

      Anyways its my pleasure and I am sure others here too.

      Kind Regards

      LW

      Comment


      • #18
        LawfulWarrior

        Thank you pal, i will look into that and thank you for your kinds words.

        18yrs done, 6 to go until i leave!

        Not having the car and being based in Nottingham means thay i cant get home to watch Middlesbrough play!

        I am looking forward to getting this letter cracked out tomorrow!

        Jamie

        Comment


        • #19
          Originally posted by Jspeno_99 View Post
          [USER="112548"]Not having the car and being based in Nottingham means thay i cant get home to watch Middlesbrough play!
          Well there is always a silver lining to all situations

          As you are forces do you not have access to legal advice I thought there was a department you guys & girls could go to for extra support, might be wrong there though.

          But as above thank you for your service for our country.

          Sorry i'm just thinking out loud, it might be irrelevant, I am not employed in anyway in the legal profession, please ensure you research any advice I give before using it I have been known to be wrong on multiple occasions.

          Comment


          • #20
            Kenya??? I thought we had finished with the Mau Mau...my brother saw to that back I don't know when!

            Comment


            • #21
              des8

              Haha, yeah did 2 years over there, it's the biggest training area we use apart from Canada!

              Comment


              • #22
                Hello,

                I was advised to put my letter on here before sending it to the Ltd Company in question.

                If anyone could give any advise or any changes that are required i would be very very grateful.

                I have taken names and companies out - thats why there are blanks.

                PS - I asked for the windscreen etc to be repaired previously and a person from Lawdata Limited contacted me via email and told me to wind my neck in basically.

                Thank you very much.

                Jamie

                des8
                Attached Files
                Last edited by Jspeno_99; 4th May 2018, 22:15:PM.

                Comment


                • #23
                  Hello,

                  i asked for the windscreen etc to be repaired previously and a person from Lawdata Limited contacted me via email and told me to wind my neck in basically.

                  Comment


                  • #24
                    Hello

                    I hope you don't mind me chiming in but I took a quick look at your letter. It looks as though you have everything in there but personally, the structure might need to be a bit more clear.

                    Also, the advertisement, you haven't posted a copy on here (i think?) so it might be helpful to do that as we could maybe add to your letter and be more specific on the not as described point.

                    I also think there's a point about the car not being fit for purpose. Usually fit for purpose relates to anything you have asked the trader prior to entering into the contract but in this case being a car, I would say there is an implied fit for purpose term in that it would be legal and roadworthy at the time of sale, clearly it appears this was not the case.

                    I've attached a draft example, though it is incomplete and you will need to fill in the gaps but I think it sets out a bit more clearly, the points you are wanting to get across. Obviously you are free to disregard what I've done altogether as it is your dispute, but worth considering.

                    I could also see that on one paragraph you said you wanted a refund but on another you gave two options - you need to make it clear what you want.

                    Hope that helps.
                    Attached Files
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                    Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

                    Comment


                    • #25
                      Rob,

                      Thank you very much for taking the time to go through the letter.

                      Your input is greatly appreciated

                      Ill have another blast at it

                      jamie

                      Comment


                      • #26
                        rob

                        this is the advert mate (attached)
                        Attached Files

                        Comment


                        • #27
                          Hello,

                          i have had a reply from the dealer blaming me for the DPF being illegal?

                          attached the email.
                          Attached Files

                          Comment


                          • #28
                            Hello,

                            After sending the documents to the garage in question, they stated that I must have tampered with the DPF - i now have signed and stamped letters from the 3 garages i took the car too stating that they would not remove the DPF etc

                            should i forward this to thier lawyer or keep it for when/if it goes to court?

                            thank you,
                            jamie

                            Comment


                            • #29
                              I believe it is for them to prove that you have removed it, not you prove that you didn't, although the garage might actually be innocent & not know the DPF was removed I believe it is up to them to make it road legal or refund
                              Last edited by Phaeton; 17th May 2018, 16:06:PM. Reason: spilling errar
                              Sorry i'm just thinking out loud, it might be irrelevant, I am not employed in anyway in the legal profession, please ensure you research any advice I give before using it I have been known to be wrong on multiple occasions.

                              Comment


                              • #30
                                I wouldn't send anything to Lawdata Ltd.
                                They are not a law firm regulated by the Solicitors Regulation Authority but if the dealer wishes to rely on them, let them send the details over.
                                Your action will be against the dealer, not Lawdata who are unlikely to be in court and whose advice seems a little suspect anyway.

                                Re the fault.. it exists and is deemed to have been there when you purchased the vehicle, so as Phaeton it is for them to show that it was not there when they sold the car

                                By the way the attachment in post 27 needs sanitizing.
                                I'll ask Kati if she can oblige in the event you don't see this message

                                Comment

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