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comrade

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Everything posted by comrade

  1. Found the autotrader advert btw http://webcache.goog...lient=firefox-a here is another one http://webcache.googleusercontent.com/search?q=cache:9EPX1_99wR0J:www.classicandsportscar.com/classifieds/classic-cars/nissan/350z/nissan-350-z-v6-2004--new-mot-12-months--quick-sale-needed/2959448+&cd=3&hl=en&ct=clnk&gl=uk&client=firefox-a Still can't see anything helpful though.
  2. I am trying to help the OP, it is just that there is nothing here that will help him. The law is crystal clear. Private sale - your problem as soon as you hand over the cash, with very limited exceptions. The only way OP can get his money back is by proving misrepresentation. Misrepresentation is a false statement of fact. 'Car runs fine' is not a statement of fact, unless, possibly, coming from a professional mechanic. 'Car has no known issues' is a statement of fact, but in the OP's case the car did not have issues at the point of sale. If the seller said that the car never had any issues, then we would be onto something because the seller later admitted that it knocked before, but that is not what the seller said originally. Anyway, in the court the seller can just deny he ever said anything. Without recorded evidence it is irrelevant what he actually said.
  3. You guess wrong Law student. I am not actually trying to discourage OP from doing anything, I am just providing information to allow him to make an informed choice. You think that it is worth the risk, he might think differently.
  4. You would be surprised how much stuff that you do without even thinking about it is technically criminal. Protection from Harassment Act 1997 s1 (1)A person must not pursue a course of conduct— (a)which amounts to harassment of another, and (b)which he knows or ought to know amounts to harassment of the other. s7(2) References to harassing a person include alarming the person or causing the person distress. Turning up at someone's doorstep with 3 of your biggest mates is most certainly alarming, and you know it to be so. In a matter of fact, you intend it to be so, otherwise why would you not just turn up alone? It is a minor offence and of course in real life it is highly unlikely that you will actually be prosecuted for it, but if you want to go that way you need to know what exactly you are doing.
  5. Cool story bro. Also: Your brother - occasioning actual bodily harm contrary to s47 Offences Against the Person Act 1861, common assault, blackmail contrary to Theft Act 1968 s21, conspiracy to blackmail contrary to Criminal Law Act 1977 s1. You and other mates - accessory to occasioning actual bodily harm, accessory to common assault, blackmail contrary to Theft Act 1968 s21, conspiracy to blackmail contrary to Criminal Law Act 1977 s1. Serious Crime Act 2007 s44 - Intentionally encouraging or assisting an offence (1)A person commits an offence if— (a)he does an act capable of encouraging or assisting the commission of an offence; and (b)he intends to encourage or assist its commission. OP - unfortunately there isn't anything that you can legally do here. Private sale is almost always buyer beware. You do get some rights, but they are very limited. Misrepresentation does not cover situations where the fault appeared after the sale. You can try to bullshit him, threaten to sue etc., but it will be pure bluff. Might work though, you never know.
  6. Mine used to do that, but not anymore. Have no idea why that is. Never caused any issues so couldn't really be bothered to investigate.
  7. Matt grey just looks like a primer, matt black is quite difficult to get not to look like a primer. White looks very good, IMO.
  8. They look nice and are not common on a zed, normally people fit either multispoke or rays lookalikes. Do you need spacers to fit them? I had a brief look but could only find them with 45mm offset.
  9. I don't think that there is an insurance company that is both up to scratch and not very expensive. Insurance is an inherently unethical business where you can't make much money unless you shaft your customers one way or the other.
  10. Real men press bushes with their bare hands
  11. Well, that is the thing, the statute doesn't say anything about sending letters or returning cars. Without caselaw it is just guesswork. I did a brief search, but couldn't find anything conclusive on the point. Anyway, assuming that you are right, rejecting the car would still leave OP in a situation of being owed a fair bit of cash by a man of unknown means. Not to mention that he will not have the car or the money to buy another car for several months. Repairing the car and suing the seller for the bill would be less risky.
  12. Are you sure about that? What if the seller refuses to take it back?
  13. Legal advice might be a good idea, but keep in mind that you will not be able to reclaim the cost of that (well, I think you can reclaim £50 or so, but that is about it). But, as Ekona said, it is not really necessary here as the legal issue is probably as simple as it gets in the real life. Your biggest problem here is whether the seller is actually worth suing. Your claim against the dealer is in contract law, in particular you will be claiming for a breach of an implied condition provided by Section 14(2) of the Sale of Goods Act 1979. "Where the seller sells goods in the course of a business, there is an implied term that the goods supplied under the contract are of satisfactory quality." You should not have told him that you agree to 50:50. This is not good negotiation. For the future reference, you should always first push for the most favorable outcome, and only make concessions if that is not happening. This might not be a good idea. That way the seller will have both the car and the money. If he goes bust/disappears/etc in the meantime, OP is out of pocket by rather a lot. I am quite positive that he can just stop using the car and send a rejection letter.
  14. The seller will have to prove that the fault was not there to begin with (as per the SGA1979). All you have to do is to prove the existence of a fault. He will not be able to prove that the fault appeared within the 800 miles when you had the car and not in 115000 miles before that. Negligence is not relevant to this issue at all. If you caused the fault it is irrelevant whether you did so negligently or not, it is not even relevant whether it was you who caused the fault or the fault appeared by itself. But, as I already said, you do not have to prove anything, the seller has to prove that the fault was not already there at the point of sale. I would be tempted to agree that you have to let him to do the repairs. That is however subject to you actually willing to have the car repaired. You have the right to simply reject the car and get your money back. But in that case this particular seller might not be willing to cooperate with you at all, so you might have to sue him. It is always easier to negotiate rather than litigate.
  15. Albany will claim back the cost from the girl's insurance company. She is at fault and is therefore liable for all losses that she caused. It would be better to claim everything directly from her insurance as those claim management companies are unnecessarily increasing insurance costs for everyone, but you are under no obligation whatsoever to do so.
  16. Look into wrapping, it is not that difficult to DIY, just takes time. Vinyl itself is about £250 for a good quality stuff.
  17. If you want the car repaired then it would be best to let the 'dealer' sort it out. It is not in his interest to 'do whatever they want to the car' because if the car is not fixed properly he can expect you to come back to him with that. Take the car to his nominated garage and see what they say.
  18. This must be the most common insurance-related question. There is some helpful information here: www.financial-ombudsman.org.uk/PUBLICATIONS/ombudsman-news/46/46_non_disclosure_insurance.htm www.financial-ombudsman.org.uk/publications/ombudsman-news/79/79-motor-insurance.htm In general, yes, they need to know. But that is, fortunately, subject to common sense. If you changed dome lights to LEDs, fitted a stubby aerial, or replaced brake rotors with non-OEM, but equivalent ones, then you don't really need to bother. If you have fitted a twin-turbo kit, are now running 800bhp and driving around the hood on drag radials then you are virtually guaranteed to be refused a payout in case things go bad. The principle here is that if they would have refused to insure you had they known about the mods, then they can refuse to pay out, if they would have charged you more then they can reduce the payout proportionately, so if your premium would have been 25% more then they can reduce the payout by 25%. It depends how risk-adverse you are and how much do you stand to gain from your non-disclosure. Obviously you have to cause an at-fault accident for it to matter in a first place, so if you drive like a granny once a month you might as well not bother. If you are planning on having lots of mods you should find a sympathetic insurer, it would probably not actually be any more expensive if you shop around.
  19. I am using this little thing http://www.ebay.co.uk/itm/Super-Mini-ELM327-V1-5-Bluetooth-OBD2-OBD-II-Car-Auto-Diagnostic-Scanner-Tool-UK-/321370571723 If you just need to see/clear the code there is no need to pay more than a fiver.
  20. First, never go to a non-specialist garage to troubleshoot issues. A cheap local should only be used for fairly simple jobs that you can't or can't be arsed to do yourself. Knocking should be either banana arm bush/joint or droplinks. Bushes and droplinks are cheap, joint has to be replaced with the whole arm, which is £250. EML easy to check yourself as GM explained. As to the bearing - lift the wheel and try to rock it to see whether there is any play in it. If there is no play you can remove the wheel and remove pads and rotate the hub by hand. If the bearing is dodgy you should be able to tell. Pressure of 20 at idle is perfectly normal, do check the level though.
  21. DO IT. Also, black roof, tinted windows, and white lip on black wheels.
  22. The only way to have any kind of confidence in a seller is to buy from a forum member. At least you know that he is an enthusiast and can see previous posts/topics. Autotrader/ebay is 100% buyer beware, unless a reasonably-sized dealer.
  23. This. What is the problem with buying from a dealer? Private seller does not mean that the description will be accurate and the car won't have any issues. If you don't like the guy and don't want to buy from him it is fair enough, but what does that have to do with him being a trader?
  24. So the whole offer is earlier delivery + £1500 discount ? You can easily lose half that to the quick sale of your car. Obviously it is up to you, but I don't think that this is a deal that you need to rush into. Less than a grand on a £30k car is a 3% discount, hardly a feat of generosity. Besides, it might be even better to get the car in March rather than now because you will get to enjoy first few months of ownership in the summer rather than cold wet foggy winter.
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