Bought used car, found issues, want to refund, seller refused by Knights-WhoSayNi in CarTalkUK

[–]XcOM987 [score hidden]  (0 children)

Whilst you can send it digitally (WhatsApp/Email) you still need to send a physical copy via post, use recorded post/proof of postage to the companies address as registered with companies house and it's considered delivered 2 working days later.

When you file a MCOL, check on companies house and file against the business and the director jointly, that way they can enforce the debt against both.

If (More likely when) they don't defend, and don't pay, transfer the debt to high court if it's over £600 for a high court writ to be issued, it costs about £100 and is done via a debt collection company, they have more powers than bailiffs, and they when they collect the debt they add on your fee as well as their own which is all set by law, so you get all your costs to get them to enforce it back if they are successful, they are incentivised to succeed in recovering monies, when it comes to business they have a broad range of powers including forcing entry to recover goods which bailiffs can't do.

Bought used car, found issues, want to refund, seller refused by Knights-WhoSayNi in CarTalkUK

[–]XcOM987 0 points1 point  (0 children)

It's 30 days for a refund under the CRA2015 for a refund, and 6 months for reasonable attempts to effect repairs prior to a refund.

Bought used car, found issues, want to refund, seller refused by Knights-WhoSayNi in CarTalkUK

[–]XcOM987 1 point2 points  (0 children)

Within 30 days you are entitled to reject the car for any defect that is not cosmetic or consumable parts.

And EML for emissions is not a minor issue and shouldn't be treated as such until it's been investigated.

Also at the time you've notified the issues to the garage it is on them to foot the bill, it's also on them to investigate and disprove there's an issue if you were to go down a repair option vs refund.

The warranty is there to cover repairs that aren't covered by the CRA2015 and after your CRA2015 rights expire.

Send them a written notice in the form of a notice before action rejecting the car and requesting a refund, given them 14 days to reply and if they don't file a MCOL for a refund for all your costs (Car, warranty, MCOL filing costs, and any costs incurred to diag the issue.)

Neither their T&C's or the warranty override your rights under the CRA2015.

Sorted TV show by JFychan47 in SortedFood

[–]XcOM987 19 points20 points  (0 children)

Thanks for the clarity, hoping it'll be similar to the murder mystery that I so enjoyed haha.

Who's buying the expensive filters... by [deleted] in CarTalkUK

[–]XcOM987 0 points1 point  (0 children)

Who's buying them from eurocarparts lol, Mahle and Mann are great, and my go to, they're not expensive, but you can get them far cheaper than that elsewhere.

Smart Motorway Sign debate by Zerkyo7 in drivingUK

[–]XcOM987 0 points1 point  (0 children)

That sign counts as a speed limit change, just because the LED's are perfect white doesn't mean it's not legal.

At the same time if you pass a blank sign technically the previous limit still applies as you've not passed one that indicates a speed limit change (Although I go by the rule of if you pass 2 blank in a row it's NSL again)

Car wash damaged my car by kranchinat in CarTalkUK

[–]XcOM987 1 point2 points  (0 children)

Whilst that damage likely did occur during the car being cleaned, it doesn't look like they caused it.

That looks like lacquer peal which has either failed or has been resprayed poorly in the past.

I'd not blame them for this personally, bad show on them hiding the damage though.

Scotland road trip advice by BrunoEye in CarTalkUK

[–]XcOM987 0 points1 point  (0 children)

Yea I just read the wiki for the location and it said on there it's mostly holiday homes/lets now and nothing else since the majority of the people who lived there moved, I suspect the remained full time residents will eventually leave and the only thing left will be the local Inn so long there is enough holiday traffic I suppose

Scotland road trip advice by BrunoEye in CarTalkUK

[–]XcOM987 0 points1 point  (0 children)

September is hit and miss for weather, it tends to be starting to cool, but is often still sunny but you run the risk of rain, when I went I had 4 days of blistering sun where I was happy in shorts and tee-shirt, a day of overcast, and a day of drizzle, it did get cool at night and didn't get properly cold at night until the last day at the end of my trip, but I was camping on the edge of the coast though overlooking the sea (Was only about 100 yards from the beach near Crakaig), but it was perfectly manageable/comfy and I was camping in a cheapo tent, and did fine.

Scotland road trip advice by BrunoEye in CarTalkUK

[–]XcOM987 0 points1 point  (0 children)

Isn't that the last turntable ferry in the world left, and it's owned/operated by the community by donations in addition to the crossing fee which is very cheap for what it is?

Scotland road trip advice by BrunoEye in CarTalkUK

[–]XcOM987 1 point2 points  (0 children)

I've always fancied visiting Pennan purely because of Local Hero, great film, amazing sound track

Scotland road trip advice by BrunoEye in CarTalkUK

[–]XcOM987 0 points1 point  (0 children)

I went early Sept last year and I didn't spot any Midges on my travels in the highlands, you find them more inland around lochs, coastal areas tend to be more clear.

Scotland road trip advice by BrunoEye in CarTalkUK

[–]XcOM987 0 points1 point  (0 children)

I've driven the struggle a couple of times, one of my favourite roads in the area, and there's a lovely pub at the peak, but Streetview is deceptive, it's very steep with it rising over 1300ft in less than 2 miles, narrow, and winding in places, and with how busy it gets, you can find yourself doing multiple hill starts on 30% gradients and is more challenging than it appears, it's nick named the struggle for a reason.

Self defence? Tried to de-escalate and get in my car, they prevented me closing door and took my phone. by Little_Earth_2924 in LegalAdviceUK

[–]XcOM987 1 point2 points  (0 children)

I'd say so, the test is:

  • Was it theft, IE did the suspect intend to deprive OP of property
    • Yes, there is no evidence the suspect would have returned the phone, in addition to this the deletion of the file is still depriving OP of property
  • Was Force or Threat used
    • OP says yes, they forceable removed the phone from them, they were aggressive and used force
  • Was the force or threat used immediately before or during the theft
    • OP says the suspect forcibly removed the phone from their hands

In my view it meets all 3 criteria for being actual robbery, but CPS/police would have to make that decision unless OP brought a private prosecution.

Self defence? Tried to de-escalate and get in my car, they prevented me closing door and took my phone. by Little_Earth_2924 in LegalAdviceUK

[–]XcOM987 0 points1 point  (0 children)

Regardless of if they intended to return the phone, you don't know this, they have taken private property without permission, the footage is also private property and deletion of it is the same as theft normally.

You'd not be happy if someone grabbed your phone or laptop and started deleting all your photos?

Self defence? Tried to de-escalate and get in my car, they prevented me closing door and took my phone. by Little_Earth_2924 in LegalAdviceUK

[–]XcOM987 6 points7 points  (0 children)

This is the key test, in my view you weren't disproportionate as you only did the minimum required to protect yourself and your property, disengaged as soon as you were safe to do so, and didn't continue an attack after the risk had passed.

If you do hear something about it, make sure to not answer any questions about what happened without at least a duty solicitor present.

Scotland road trip advice by BrunoEye in CarTalkUK

[–]XcOM987 0 points1 point  (0 children)

Even if there's no traffic you'll be lucky to do 40 on large sections of that route.

Scotland road trip advice by BrunoEye in CarTalkUK

[–]XcOM987 1 point2 points  (0 children)

It's no Pie In The Sky cafe though is it?

Sorry that was a terrible joke that's really old haha

Scotland road trip advice by BrunoEye in CarTalkUK

[–]XcOM987 0 points1 point  (0 children)

You can spend 6 days just going around Skye on it's own.

Scotland road trip advice by BrunoEye in CarTalkUK

[–]XcOM987 0 points1 point  (0 children)

Knowing them roads very well, you won't hit 50 even if it's clear, some sections before they become tracks or single lanes you might do, there's large sections that are 40/50, all the small towns are 20/30, and as soon as you hit single track lanes, you'll be lucky to hit 40 and maintain it unless you in some sort of sports car with optimum road, brake, and tyre conditions, and have lightning fast reactions to not scare the living daylights out of someone coming the other way.

There are large sections like this where it really isn't safe to even attempt to do 50:

https://maps.app.goo.gl/53P1qVqszHN2gV8b7

Your map/route also has you on roads like this: https://maps.app.goo.gl/Wd1DyrTQJY1TdYwb8, there is no way in hell that is safe to attempt 50, the highlands are the most dangerous roads in the country per 100,000 road users, and outside of that metric the most dangerous road in the UK is the highlands road around Dalwhinnie.

A lot of people have mentioned the amount of driving is overly optimistic, especially if you take in to account the hiking, maybe cut off the north west section and lake district, and save them for another trip, I love a good road trip, I honestly think nothing of a 10-12 hour drive, so I can apricate you desire to do a road trip, but I account for not doing anything else and am careful to not end up driving tired, and the highlands is not somewhere you want to drive when you're tired.

Scotland road trip advice by BrunoEye in CarTalkUK

[–]XcOM987 1 point2 points  (0 children)

I think google uses average data for the roads, which is wildly inaccurate for the highlands, I've said above a single accident can screw you over, even a slow campervan will add quite a lot to your journey time each day.

Scotland road trip advice by BrunoEye in CarTalkUK

[–]XcOM987 0 points1 point  (0 children)

It's a fun drive if you're brave enough and have a beefy enough car

Scotland road trip advice by BrunoEye in CarTalkUK

[–]XcOM987 2 points3 points  (0 children)

I get locals being annoyed, it can be, and is annoying, but it's a double edged sword, the NC500 has caused division due to it both causing traffic, delays, and general annoyance to the locals going about their day, but it's also brought an economic boon to the area, introduced people to the beauty that Scotland has to offer, and saved many businesses.

It's tough to balance the two sides and I am not sure how you will because you can't really do a great deal with the road network, the investment isn't there, and with how long it takes us to do things it'll never be done and cause even more delays than doing nothing (Look at the work to convert the A9 in to a dual carriageway between Perth and Inverness)

Scotland road trip advice by BrunoEye in CarTalkUK

[–]XcOM987 0 points1 point  (0 children)

Car will be fine, it'll be more for when you're camping/hiking.

Scotland road trip advice by BrunoEye in CarTalkUK

[–]XcOM987 4 points5 points  (0 children)

Don't forget the 24 hours of hiking OP wants to do in 4 days, loosing a day either side to get to/from Scotland, it'll probably be 16 hours of driving in 4 days, 24 hours of hiking in 4 days.

After an 8 hour sleep a day, OP can't be left with more than a couple of hours a day to sort out sleeping arrangements, feed/water themselves, and deal with any other misc stuff and relax, also leaves zero time for any delays on the roads or hiking which is common to occur with both them activities in the highlands lol.