Rejecting car after work has been carried out

[have a word with the wife 299]

correct me here lads ? re invoice page 1 ? £552 plus vat for timing chain kit ! a chain, a tensioner and 1 / 2 ? guides ? 

i always look a bit deeper me, had it a week and garage decided to charge him £550 for work not required ?

not being funny here but does the guy come across as being easily led/ frightened ?

i personally would make a appointment with the guy, borrow a cheap code reader, visit the vehicle, read/delete the codes [if theyve not already been deleted] take it for a drive see if light pops back up [ i would  tell the guy your reason for visit but not tell him your reading codes till you get there  and that your bringing YOUR mechanic with you for a second opinion, but just go on your own] he cannot refuse you.

if light comes back on and it sounds like a overloaded cement mixer [ no pun intended] then fair do, if not, and let me be very clear on this, then any slight rattle  is consistent with age and mileage, and no claim will be considered at all, you were quite happy to deliver the car 100 miles so i would definitely do the same again, i, personally think he is using this to his advantage [distance] and the garage are quite happy to cover there arse by doing there job, might be even tempted if you cant borrow a £20 code reader to buy one, let us know. 

[have a word with the wife 299]

On 12/10/2019 at 9:33 PM, Roweco said:

On 12/10/2019 at 8:52 PM, Stalker said:

At the bottom of the invoice is states an RAC approval number? Has the customer bought a warranty? 

No, when he came back with more issues I asked him to have an independent RAC report done on the car. (So it was less likely to be a £20 to a mate jobby). 

Thats the report (plus he had a quote done for good measure.)

this doesnt add up, if you look up rac approved garages, this garage is not rac approved, according to rac website, and the garages website is not advertising as being rac approved ? what is this advisory ? 

[Tim H 16]

I suspect that like many, I would not rely totally on the accuracy of information provided by Citizens Advice.

Like some others on here, I don't think you need to do any more with this, other than tell him that your liability ended the minute you dropped it off on his drive. He might accept that, he might not.

CRA 2015 cites" Traders" (not businesses) and" Consumers" in contracts. Your trade is not cars, so therefore you are not a car "trader", and as I read it, CRA would not apply to your transaction.

I've copied and pasted a section of the regulations definitions from the legislation.gov.uk site, which would suggest that, even though you have a business, you do not have responsibilities covered by CRA in this instance.

 

Sales contracts

(1)A contract is a sales contract if under it—

(a)the trader transfers or agrees to transfer ownership of goods to the consumer, and

(b)the consumer pays or agrees to pay the price.

(2)A contract is a sales contract (whether or not it would be one under subsection (1)) if under the contract—

(a)goods are to be manufactured or produced and the trader agrees to supply them to the consumer,

(b)on being supplied, the goods will be owned by the consumer, and

(c)the consumer pays or agrees to pay the price.

 

Key definitions

(1)These definitions apply in this Part (as well as the definitions in section 59).

(2)“Trader” means a person acting for purposes relating to that person’s trade, business, craft or profession, whether acting personally or through another person acting in the trader’s name or on the trader’s behalf.

(3)“Consumer” means an individual acting for purposes that are wholly or mainly outside that individual’s trade, business, craft or profession.

(4)A trader claiming that an individual was not acting for purposes wholly or mainly outside the individual’s trade, business, craft or profession must prove it.

(5)For the purposes of Chapter 2, except to the extent mentioned in subsection (6), a person is not a consumer in relation to a sales contract if—

(a)the goods are second hand goods sold at public auction, and

(b)individuals have the opportunity of attending the sale in person.

(6)A person is a consumer in relation to such a contract for the purposes of—

(a)sections 11(4) and (5), 12, 28 and 29, and

(b)the other provisions of Chapter 2 as they apply in relation to those sections.

(7)“Business” includes the activities of any government department or local or public authority.

(8)“Goods” means any tangible moveable items, but that includes water, gas and electricity if and only if they are put up for supply in a limited volume or set quantity.

(9)“Digital content” means data which are produced and supplied in digital form.

 

Now whether a Magistrate, Judge, others on here, or the bloke you sold it to would see it like this, I don't know...!!

Good luck in getting it resolved.

 

[chrishowie 14]

Sold through facebook, why you gave him an invoice is beyond me. Cash receipt of course but not an invoice.

You are not a trader and it was sold as a private sale. You don't sell more than 3 cars a year and your earnings are not from the selling of motor vehicles.

Stop entertaining this dick. Give an inch, they take a mile and then some. Delivering it 100 miles in the first place should have screamed pain in the arse.

If you were a car dealer I'd say just buy back and move on BUT you are not and it was a facebook add etc. If I buy a dud car, I just suck it up and your buyer should do the same.

 

[trade vet 702]

1 hour ago, tradex said:

I'd say definition 2 shows that the car was sold thru the business, the sales invoice states that it was transaction thru the business. 

This is such an odd that maybe the OP should pay for some professional advice, I know I would.

An hour with a solicitor, 80 quid tops, no doubt less (£45 for me last time) should answer everything and maybe a letter too. 

The definition of trader in 2) Does selling a car relate to the Roecos business or proffession ? I think most solicitors fees have increased substantially of late,£180 + vat per hour for instance.The reason I am told is because they are struggling,there are to many of them.

[trade vet 702]

1 hour ago, chrishowie said:

Sold through facebook, why you gave him an invoice is beyond me. Cash receipt of course but not an invoice.

You are not a trader and it was sold as a private sale. You don't sell more than 3 cars a year and your earnings are not from the selling of motor vehicles.

Stop entertaining this dick. Give an inch, they take a mile and then some. Delivering it 100 miles in the first place should have screamed pain in the arse.

If you were a car dealer I'd say just buy back and move on BUT you are not and it was a facebook add etc. If I buy a dud car, I just suck it up and your buyer should do the same.

 

If Roweco is a company,then the car belonged to the company and its disposal ( which has to be at market value ) would have to be appropriately recorded by the company . If HMRC catch you out by not recording a sale they can destroy you.

[trade vet 702]

4 minutes ago, tradex said:

£180 Plus VAT, f*ck me sideways I ain't Jeffrey Epstein

or Harvey Weinstein.I was reading that Geoffrey Cox the Attorney General who is a barrister charges £1000 per hour ! On the other hand legal aid work is now capped and solicitors and barristers wait a long time to get paid.

[CCC 31]

16 minutes ago, tradex said:

£180 Plus VAT, f*ck me sideways I ain't Jeffrey Epstein

Try living here. £250 per hour is standard for proper legal work (not conveyancing). I’ve never known a business put its prices up when supply exceeds demand though? Usually the other way round. 
 

However, my experience is that a genuinely good solicitor is worth paying for and saves money in the long run. I tend to use different ones for different things and have a cheaper option for stuff like legal letters.

[chrishowie 14]

3 hours ago, trade vet said:

If Roweco is a company,then the car belonged to the company and its disposal ( which has to be at market value ) would have to be appropriately recorded by the company . If HMRC catch you out by not recording a sale they can destroy you.

Very simple, Roweco should have bought it himself from the company and disposed of it privately. Hes still a builder not a car dealer and doesn't make a revenue from it. 

Ways round it but if you bend over for this facebook knob, be prepared to be f*cked over and over again until you change your name to Roger.

[David Horgan 564]

1 hour ago, chrishowie said:

until you change your name to Roger.

Then they will ROGER him though 

[David Ayers 171]

18 hours ago, have a word with the wife said:

this doesnt add up, if you look up rac approved garages, this garage is not rac approved, according to rac website, and the garages website is not advertising as being rac approved ? what is this advisory ? 

To be fair I had a customer take a BMW there back in April.

I spoke to Dale who was very helpful and upfront. (I.e agreed the customer was a twunt)

On 12/10/2019 at 7:20 PM, tradex said:

I need a triple garage and office building if that helps things, you came here for advice and you may get a project out if it

PM me your details, assuming you are Breckland area? 

.....my builder has been abducted by aliens. 

I’ve got a couple of days off for Christmas.

£250 an hour (kesh) + as much coffee and biscuits as I can eat (standard builders contract that)

Sold as built and seen. No guarantee given.

P.S Your builder hasn’t been abduction by aliens.

They are bloody aliens. 

If you see some of the quotes they give you can tell they live on another forking planet.

 

 

[have a word with the wife 299]

14 hours ago, David Ayers said:

To be fair I had a customer take a BMW there back in April.

I spoke to Dale who was very helpful and upfront. (I.e agreed the customer was a twunt)

On 12/11/2019 at 11:49 PM, have a word with the wife said:

this doesnt add up, if you look up rac approved garages, this garage is not rac approved, according to rac website, and the garages website is not advertising as being rac approved ? what is this advisory ? 

not knocking the garage at all, just questioning the reference to the rac on the invoice 

 

 

[David Ayers 171]

https://www.rac.co.uk/approvedgarages/garage/d748

Edited December 13, 2019 by David Ayers