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| Wot Do I Do With Car | |
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| Topic Started: Dec 30 2006, 12:49 AM (264 Views) | |
| wee caz | Dec 30 2006, 12:49 AM Post #1 |
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hi everyone , I bought a car from ycc after 2 weeks i was going to work and brakes failed then a fortnight later exhaust went then after that lock wasnt workin right on the door and i got locked out had to smash window to get in anyway i stopped paying car they kept phoning me and stuff so i have now told golds i want them to take it back but its a nightmare nobody wants to know its now not got mot tax or insurance and is lying on the road should i get everything for it again cause i dont know how long it is going to take for them to collect it |
 
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| Bakedalasker | Dec 30 2006, 06:20 AM Post #2 |
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Wee Caz, How long have you had the car? |
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| weecaz | Dec 31 2006, 12:24 AM Post #3 |
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i have had my car for 2 years but i am in arrears of 4 months plus all letter charges |
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| blue2kuk | Dec 31 2006, 09:54 AM Post #4 |
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The vehicle was bought from a dealer Rights under consumer law If you bought the vehicle from a dealer you will have rights under several pieces of consumer law. For information about basic rights under consumer law, see Buying goods – your rights. A secondhand vehicle must match its description, be fit for its purpose and be of satisfactory quality. However, the standard for meeting the requirement that the vehicle is of satisfactory quality will be lower because it is secondhand. A secondhand vehicle should be in reasonable condition and work properly. When deciding whether a secondhand vehicle is in reasonable condition it is important to consider the vehicle’s age and make, the past history of the vehicle and how much you paid for it. If a secondhand vehicle needs more extensive repairs than seemed necessary at the time it was bought, this does not necessarily mean that the vehicle is not of satisfactory quality. A secondhand vehicle can be of satisfactory quality if it is in a useable condition, even if not perfect. If you have a complaint about the vehicle, it will have to be established that the defects were present when you bought it. Whether it is your responsibility to show this, or the trader's, will depend on the individual circumstances. However, if it is your responsibility, the general rule is that the longer you have owned and driven the vehicle before complaining, the harder it will be to prove that it was sold with the defects, although your use of the vehicle since you bought it will also be taken into account. It may help to get an independent report to establish the condition of the vehicle when it was sold (see under heading Establishing the condition of the vehicle when it was sold). A Citizens Advice Bureau can help you work out whether it is your responsibility, or the trader's, to show that the defect on a vehicle was present at the time of sale. To search for details of your local CAB, including those that give advice by e-mail, click on nearest CAB. There are two circumstances in which you may not have any rights under consumer law. These are where:- the vehicle’s defects were specifically drawn to your attention by the dealer. You may still be able to make a complaint if, for example, the dealer said the clutch was stiff when in fact it was worn through. If the dealer did not point out the full extent of the defects they are still liable for those they missed. However, the dealer does not have to say anything about the vehicle’s condition at all you inspected the vehicle before you bought it and should have noticed the defects. However, if you try to deny liability because you examined the vehicle and did not notice the defects, you could try arguing that you examined the vehicle as a layperson and could only be expected to gain the most general impression of the vehicle, not to spot mechanical or structural defects. In England and Wales, for more information about what action you can take if you have a problem with a second hand vehicle, see Secondhand cars in Consumer Fact Sheets. Breach of contract As well as the rights you automatically get under consumer law, you and the dealer may have agreed other terms and conditions, for example, that certain repairs would be done before delivery or that delivery would be by a certain date. If the dealer does not keep to these agreed terms they will have broken the contract. For more information about compensation for delays on delivery, see Buying goods – your rights. The vehicle was bought on credit If the vehicle was bought on credit you may be able to claim against the credit supplier and/or the dealer. If you bought the vehicle on credit you should consult an experienced adviser, for example, at a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by email, click on CAB Website. CAB Website |
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| weecaz | Feb 3 2007, 12:09 AM Post #5 |
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Hi, Its me again, I have just recieved a citation to go to court saying i owe daf £5510. I have still got the car so how do i still owe this much if they havent took the car to auction yet. i have to reply for a time to pay plus an application to recall or restrict an arresment i have already got 2 arrestments off my wages. i cant handle all this grief 
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| Bakedalasker | Feb 3 2007, 05:58 AM Post #6 |
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Weecaz, In this situation you need the proper legal advice. My advice to you now is to give Stephensons a call. You brought the car when alot of the YCC contracts were wrongly executed. That is they are unenforcable in a court of law. You have to have the arguments to support this hence calling Stephensons. Who are representing DAF?. Is it Golds? |
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| weecaz | Feb 4 2007, 01:49 AM Post #7 |
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HI, It is Golds that are dealing with everything for dafs but they havent got a clue when i phoned them in november just to take the car back cause its a heap of s**t anyway they didnt know what i was talking about |
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| Bakedalasker | Feb 4 2007, 06:50 AM Post #8 |
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They are treating you as an "abandoned case". Basically you are now liable for the rest of the agreement. Unlike your right to terminate where you can hand the car back after the 2 year mark without liablity, providing you did not take out insurances, and abandoned case results in you being liable for all payments up to the end of the contract. This is a way that YCC can chase you for more money and they will use any tactic to get you in this position. I have known cases where a victim had had every right to return their car under the terms of the contract but YCC have used the slightest excuse not to make this possible. So in your case Weecaz they have good grounds to treat you as an abandoned case as you defaulted on your agreement. They will not be interested in collecting your car especially as you have informed them it is in bad condition etc. There are a number of routes you can take: - 1. Although you have had the car for 2 years there is a possibility that you could argue the Sales of Goods Act against the car. If you have evidence about the work you have had done on it I would recommend you approach Trading Standards with your case. 2. As you brought the car over 2 years ago there is a high chance the ocntract is unenforcable. You need to seek legal advice on this so you can either contact your local CAB or our partners Stephensons. These guys are taking the fight against YCC and its loking good for us. hope this helps, if you require any further advice you know where we are. |
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| weecaz | Feb 7 2007, 09:11 PM Post #9 |
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Hi, Thank you for all my replys on the forum i e-mailed stephensons last night got a reply today have to phone them tomorrow to discuss situation. Will keep you all informed how i get on thanks again |
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| weecaz | Mar 11 2007, 01:06 AM Post #10 |
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hiya, I contacted stephensons who could not help me cause i am in scotland and they deal with english law anyway they put me onto lawyer in scotland who may help but was told i didnt qualify for legal aid so i would end up paying just as much to lawyers as i did to daf so i filled in my citation offering 20pound per week towards account which they have rejected i now have to go to court on 23rd of April. I also phoned golds about the car and they have told me daf dont want the car back cause its too old now they just want the money |
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| Bakedalasker | Mar 12 2007, 09:02 AM Post #11 |
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Weecaz, I have PMed you. |
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