Unroadworthy vehicle

[13skulls]

Hi I'm new to the site. And after some advice. I'll keep it short.
I purchased a VW transporter to be converted into a camper. The guy I purchased the VW from was also converting it. Money paid £5500 and £1500 to be paid on completion. After 4 weeks later than the contracted date it turns up incomplete. I used it for a holiday and the guy said any issues I'll sort in return. Had a report done its deemed unroadworthy! And dangerous. I'm in the process of taking him to court I offered mediation before court application he ignored. I have read his defence and have received a 'Directions questionnaire' offering me court mediation but it does say 'it appears that this case is suitable for allocation to the small claims track'
Should I mediate or go to court??? Thanks. Any advice will be gratefully received.

[nemesis45]

Re: Unroadworthy vehicle

Hi Welcome to LB,

The court expects the parties to a claim to attempt resolution without have to go to hearing.
I suggest that you state that the defendant has already declined mediation when offered.

Tick yes to SCT
Answer No the contest in jurisdiction.
Don't forget copies to defendant and the court and copies for you.

nem

[Kati]

Re: Unroadworthy vehicle

[MENTION=7]Tools[/MENTION] [MENTION=6]Amethyst[/MENTION] ... any ideas??

[13skulls]

Re: Unroadworthy vehicle

Thanks for the response. If I have evidence of an offer to mediation surely it would be better to answer no to court mediation? Also what does it mean when a bar has been put in place for the other person thanks again.

[Kati]

Re: Unroadworthy vehicle

Personally I would ALWAYS agree to mediation (it looks good) xx

[13skulls]

Re: Unroadworthy vehicle

Thanks kati. Do you know what the bar would be??

[des8]

Re: Unroadworthy vehicle

Th bar means a defence has been filed but not yet processed. The bar stops the claimant going for a default judgement during the intervening period.

[13skulls]

Re: Unroadworthy vehicle

Thanks for the advice. The guy has broke The law by providing me with an Unroadworty vehicle with outstanding hpi but the police weren't interested when I told them. Is that just down to budget cuts???

[Tools]

Re: Unroadworthy vehicle

What was in the report to suggest it was not roadworthy?

[Sparkie1723]

Re: Unroadworthy vehicle

If it was incomplete why did you accept it and then go on holiday in it................you should have had the vehicle examined before you took it on the road, not after.
I can say if I was the person( the other party) I would not be too worried...............granted he breached his contract by delivering it 4 weeks late, but as you were aware the conversion was incomplete, you should not have accepted it without a roadworthiness check .......................Just my view ...........not fact of law just a bit of common sense.
Hope you aren't offended by what I have said

Sparkie

[13skulls]

Re: Unroadworthy vehicle

Not offended I had already lost two weeks of my annual leave due to the lateness and I was promised a van to use for my holiday. I am no mechanic and a lot of the faults are mechanical and dangerous. Too many to list. But a couple of big ones. It had been in an unreported crash which according to the report would have written it of. And the brakes had a fault valve making them unsafe which I questioned and was told not to worry it's a simple fix you'll be fine. I also later found out the brakes are painted silver to look new The conversion was complete but to a very very poor standard considering I as told it was being done by a 'carpenter' report was done by the iaea it is unlawful to provide an Unroadworty vehicle.

[Sparkie1723]

Re: Unroadworthy vehicle

Not offended I had already lost two weeks of my annual leave due to the lateness and I was promised a van to use for my holiday. I am no mechanic and a lot of the faults are mechanical and dangerous. Too many to list. But a couple of big ones. It had been in an unreported crash which according to the report would have written it of. And the brakes had a fault valve making them unsafe which I questioned and was told not to worry it's a simple fix you'll be fine. I also later found out the brakes are painted silver to look new The conversion was complete but to a very very poor standard considering I as told it was being done by a 'carpenter' report was done by the iaea it is unlawful to provide an Unroadworty vehicle.

I put my view on the plus points you have now more is known ...I am 79 yrs old and have spent the vast majority of my life in the motor trade as an Auto electrical and mechanical engineer /technician and I know about the mechanical side also.........whether or not it would have been a write off that is decided by an assessor as well as a mechanical engineer .....the interior " Carpentry etc would not necessarily make it unroadworthy but some aspects of it "could??".
Painting brake parts is not necessarily done to make them "appear new" it is also done for protection only..............painted brake parts can only be claimed to be done to make them look new if one is told they ARE new.
Just trying to give you a fair analysis from my view which I believe will help more than just saying yes to this and yes to that..............I've had it myself and that's unhelpful..........Hope what I 've said does help you
Sparkie

1. The faulty brake valve: Having brought it to the sellers attention even having no mechanical knowledge is a plus for you he admitted it was " a simple fix??!!" it was therefore his responsibility to fix it before handing it over.....and/or advise you not to drive it until it was fixed.
2. Selling the item that was still under a Hire Purchase agreement is an offence of fraud and the police should have acted on reporting it them.........personally I would follow that up a bit more.
3. You are absolutely correct selling a vehicle in a known unroadworthy condition is a criminal offence

[13skulls]

Re: Unroadworthy vehicle

Thanks I appreciate any input.
When I said painted I should have elaborated a little the rear discs were painted silver to cover over large patches of rust. I understand people pant calipers. A
You are correct about the interior but when the Rock and roll bed is badly welded (it's been inspected) and not mounted with plates to stop the bolts pulling through the floor it becomes dangerous. I will follow up the call with the police tomorrow thanks. And it appears the selling of and providing an Unroadworty vehicle is not worth investigating.
I have a report stating its unroadworthy from the institute of automotive engineers association which the police and courts use to examine vehicles. (Not cheap)

Thanks again.

[Sparkie1723]

Re: Unroadworthy vehicle

Thanks I appreciate any input.
When I said painted I should have elaborated a little the rear discs were painted silver to cover over large patches of rust. I understand people pant calipers. A
You are correct about the interior but when the Rock and roll bed is badly welded (it's been inspected) and not mounted with plates to stop the bolts pulling through the floor it becomes dangerous. I will follow up the call with the police tomorrow thanks. And it appears the selling of and providing an Unroadworty vehicle is not worth investigating.
I have a report stating its unroadworthy from the institute of automotive engineers association which the police and courts use to examine vehicles. (Not cheap)

Thanks again.

Was the person who sold you the camper van a trader of some description or was it a private sale.......... if he was a trader Ring the Citizens advice consumer help line and tell the you want to make a complaint to the trading standards about the selling of an unroadworthy vehicle.
Sparkie

[13skulls]

Re: Unroadworthy vehicle

He was a trader of 'some description' contacted CA and trading standards nothing really they can help with as it is illegal but not criminal law. He is not registered with companies house which works out better as I'm taking him to court. Mediation will be offered a second time by the courts. But it won't resolve it as I only want my money back. It's a dangerous a vehicle.