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The Dark Knight

Member Since 08 Mar 2013
Offline Last Active Nov 29 2015 09:32 PM

#541704 Idiot Brakes Way Too Soon

Posted by The Dark Knight on 19 November 2015 - 05:41 PM

I can't believe I have not captured anything on the dashcam since August! It's as if the regular supply of idiots have moved out of the area :lol:


However, I thought I would upload this for my ranting if nothing else! Basically, I wanted to get past the HGV prior to exiting a little further on.


The traffic was braking in the distance but the blue car (Honda I think) could easily have cruised past the HGV, back to the inside lane then eased off gradually. Instead, the berk decided to start braking in the outside lane as I approached! He continued to brake in front of the HGV once I had got past him!!




#539801 New York City - Holiday Photos

Posted by The Dark Knight on 12 November 2015 - 09:31 PM

Flew back in this morning after a great holiday in New York. Mostly sightseeing but also some shopping and Macy's was looking festive. The Freedom Tower was amazing although photos were not the best due to reflections off the glass.

Words cannot describe the feeling at the 9/11 memorial. The two water features with names of all the victims cover the exact footprint of the two towers. We also saw the museum with tributes paid to emergency services and there were some recovered artifacts. So sad but so respectfully done.

The Empire State at night was great as was the helicopter trip and you will see a new tall skyscraper in the photos I selected. It is 432 Park Avenue and if you include the antenna on top of the ESB and Freedom Tower, it is the 3rd tallest building. By roof height it is actually the tallest! https://en.wikipedia...432_Park_Avenue

We flew back in business class with American Airlines thanks to a discounted upgrade and gained access to their luxury lounge at JFK. The very large seats folded to different angles including flat for sleep! Good food and proper plates etc.

Here's some pics:








































#533174 Star Wars: The Force Awakens

Posted by The Dark Knight on 20 October 2015 - 06:23 PM

Just booked 2 tickets in IMAX 3D at Nottingham Cineworld for Saturday 19th December. The Friday night showing had sold out and the Saturday seats were selling fast. It is an absolute must in IMAX.  :)

So much demand that it has crashed websites: http://www.bbc.co.uk...t-arts-34571070

#531126 Oops I Did It Again!

Posted by The Dark Knight on 12 October 2015 - 07:36 PM

Should be here by Thursday.



#527374 Fiesta 2008 Duratec 1.4 Diesel - Smoking When Warm

Posted by The Dark Knight on 29 September 2015 - 07:33 AM

There's a chance the court might grant them more time to respond I suppose but you've done all that can reasonably be expected. If he fails to respond to court letters (once you've issued the claim form), he is risking judgment in default. This means you win because the court thinks you have a good argument coupled to the fact he hasn't bothered replying to anything. He then has a number of days to obtain legal advice if he wants the judgment overturned and contested properly like you've been trying to sort from the outset. Assuming he doesn't and depending what the court awards, you may be able to deploy bailiffs to recover items from him that will amount to what you are owed. This is speculation at this stage but the court will make things much clearer in due course.

#526183 Fiesta 2008 Duratec 1.4 Diesel - Smoking When Warm

Posted by The Dark Knight on 24 September 2015 - 09:18 PM

Thanks for the update. He certainly isn't doing himself any favours here! This will be useful to you so keep a nice diary of eveything.

#520276 Ford Warranty ... When Is Runs Out (the Day I'm Dreading!)

Posted by The Dark Knight on 07 September 2015 - 07:57 PM

Just bank what it would cost you in monthly payments for a warranty. Anything relatively minor that crops up, even a clutch, would probably be covered with what you have put to one side after a while.


Anything more severe like a turbo would be worth arguing under SOGA if it went. Especially if you have not covered excessive miles and have maintained the car well. The other problem with extended warranties is that they refuse to payout if you forget to tell them that you farted last Tuesday at 14:17. :P :lol:

#519027 Fiesta 2008 Duratec 1.4 Diesel - Smoking When Warm

Posted by The Dark Knight on 03 September 2015 - 10:02 PM

The onus is on him to collect his mail so just keep your receipt with the tracking number on it as proof.

#518395 Fiesta 2008 Duratec 1.4 Diesel - Smoking When Warm

Posted by The Dark Knight on 01 September 2015 - 09:25 PM

I don't have all the answers believe me but I will help with what knowledge I have retained in my brain and can dig up from books etc.


Or as I might say in TDKR: "A hero can be anyone, even a man doing something as simple and reassuring as placing a coat around a young boys shoulders to let him know the world hadn't ended." :P :lol:

#518391 Fiesta 2008 Duratec 1.4 Diesel - Smoking When Warm

Posted by The Dark Knight on 01 September 2015 - 09:21 PM

If at all possible, you should not use the car. It is not the be all and end all but it may be frowned upon if you continue to use it. I can hear them now... "So Mr X, you have a car which you wish to reject as it is clearly not of satisfactory quality. Please remind the court when you stopped using the car"


"I didn't"


"Oh you didn't stop using it! This car is not as unsatisfactory as you claim is it Mr X? In fact you saw fit to keep driving this car despite wanting to reject it! The only thing unsatisfactory here is your claim Mr X" Etc.


I exaggerate for dramatic purposes as the above reads like cross examination in a trial and a small claims court is a much more informal setting and a world away from that. I just thought it might give you a heads up as to how it MIGHT be viewed.

#518360 Fiesta 2008 Duratec 1.4 Diesel - Smoking When Warm

Posted by The Dark Knight on 01 September 2015 - 08:37 PM

Ok, I will summarise things for you. You do not have to cough up court fees for him if you lose.


I have summed up the strong points for you already and how to go about it but we were taught to argue it from the oppositions side too. If met with this, I would argue that it was fine when handed to you otherwise you would not have signed on the dotted line. I would also cite the Thain case which shows that in theory you have no argument on a car of that age and mileage.


Then again, each case is judged on its own merits. Also remember that just because cases such as Thain exist in his favour does not mean he knows about them or how to utilise them.


1: He may lurk on here and get a free heads up in this topic (ridiculously unlikely)

2: He may have skills and know this already (given his swearing and bad attitude I think he lacks sufficient intelligence for that)

3: He may know someone who can help him for free (more likely than the above)

4: He may pay a solicitor to sort this for him (possible but it will cost him more to employ a solicitor than cave in to your demands)


In view of that, it is ultimately up to you. I would go for it if faced with a big repair bill. He may even cave in to save hassle!

#518352 Fiesta 2008 Duratec 1.4 Diesel - Smoking When Warm

Posted by The Dark Knight on 01 September 2015 - 08:22 PM

Paid £2200 was advertised at £2295 but knocked him down


The small claims court fee is £170 for claims between £1500 and £3000


You get that back if you win.

#518338 Fiesta 2008 Duratec 1.4 Diesel - Smoking When Warm

Posted by The Dark Knight on 01 September 2015 - 08:09 PM

Righto. How much did you pay for the car? Please also note that time spent requesting or carrying out repairs and litigation is not to be counted by the court when taking into account the length of time that you have had the car.


Basically, you need to begin by writing to him (type it up for clarity) and post it by RECORDED MAIL (he can't claim not to have received it then.) You will request a refund (reject the car) or in the alternative a repair of all faults entirely at his expense as per your statutory rights under SOGA. You will also ask to be re-imbursed for the money you have had to pay up for other work as a result of the crap car (make copies of the receipts and send them with the letter). Tell him you will pursue the matter to small claims court if needs be. Give him 14 working days to respond.


Your next step in the absence of a satisfactory response is to send a letter before action and again allow 14 days to respond. The next step is to submit an N1 claim form and list everything you are claiming for. This will be the refund of the purchase price and any costs you have incurred. In the alternative, you will be claiming a repair at his expense so it would be wise to obtain an independent repair estimate and submit this to him with your letters. You can also save such a report/quote for court purposes. It then goes to court unless he caves in beforehand.


The sale by description is a very strong argument for you which directly ties in with the quality argument. You need such ammo because I hasten to add this:


Thain v Anniesland Trade Centre

Renault 19

80,000 miles

5 years old


Not driveable after 2 weeks, (one source says 9 weeks)

The Verdict in Thain

“Even a negligible degree of durability may not represent unsatisfactory quality where the secondhand car supplied is as old and as heavily used as the Renault had been. The plain fact is that, given the Renault's age and mileage when supplied, its durability was a matter of luck. Durability, in all the circumstances, was simply not a quality that a reasonable person would demand of it.”

#518311 Fiesta 2008 Duratec 1.4 Diesel - Smoking When Warm

Posted by The Dark Knight on 01 September 2015 - 07:30 PM

I should also add that he will claim the car was fine when handed over to you and will argue your test drive is proof of that because you would have not accepted the car at the time if it had that fault. He has to prove it was fine when handed to you as opposed to you having to prove it wasn't.


A court may see such a fault as being acceptable on a car with such high mileage and no service history. An independent report by a mechanic should diagnose the fault and may be able to tell how long it has been present. I am not up on mechanical things though lol.

#518309 Fiesta 2008 Duratec 1.4 Diesel - Smoking When Warm

Posted by The Dark Knight on 01 September 2015 - 07:25 PM

I think it is worth pursuing personally. He will use the lack of service history to counter your claims of the car not being of satisfactory quality but that is all he can throw at you based upon what I have read here.


You would argue that the car is not as described under S.13 of SOGA as it is clearly not running and driving excellent! You would also argue that the car is not of satisfactory quality under S.14 of SOGA.


He can shout and swear and bleat about 30 days and cash as much as he likes, it makes no difference. To be honest though, I have lost count of the times I have informed people of their rights and how to action them at little cost and I am happy to do so again but you need to be prepared to see it through first. These dealers usually win in these circumstances but not because they have a valid argument. They win because the consumer does not have the time and/or does not want to pursue it.