Pls Help! Towing weight woes!!

[(RIP) PLANK]

Originally Posted by cm2581

Rustic - my vehicle is the older 2.7 TDi SE+ 5d Auto - not the 3.0 stated here.

And I have passed my B+E test - I've even had compliments on my reversing skills from BOYS!!!!!

however this works out, please come back and be a full time member we have enjoyed your thread and your company!

[Deleted account DD]

Originally Posted by rustic

OOPS TYPO ERROR Sorry, Axle 2 should have been 1450 kg sorry for confusion.

guessed it was a typo I just didnt know what it should be

[Deleted account DD]

Originally Posted by felixthelogchopper

With respect, you miss my point re Esso. My point was that it is distinguished this situation from Bisset v Wilkinson, ie that which could be argued to be an opinion rather than a relied upon fact, per Ormrod LJ. Possibly I should have cited Smith v Land and House Property Corporation instead but I tend to give the most recent precedent where possible.As for 'mutual mistake', surely unless you are claiming the salesman deliberately mislead rather than was just shamefully ill-informed then misrepresentation, which leaves the contract voidable, is not strictly true.Given the confusion from various sources with regard to the towing capabilities of the vehicle, mutual mistake would leave the contract automatically void.

so irrespective of stated cases it was a **** up and of course precedents are set as required

[lacroupade]

Originally Posted by felixthelogchopper

With respect, you miss my point re Esso. My point was that it is distinguished this situation from Bisset v Wilkinson, ie that which could be argued to be an opinion rather than a relied upon fact, per Ormrod LJ. Possibly I should have cited Smith v Land and House Property Corporation instead but I tend to give the most recent precedent where possible.As for 'mutual mistake', surely unless you are claiming the salesman deliberately mislead rather than was just shamefully ill-informed then misrepresentation, which leaves the contract voidable, is not strictly true.Given the confusion from various sources with regard to the towing capabilities of the vehicle, mutual mistake would leave the contract automatically void.

Well firstly the Esso case has no bearing, since it clearly relates to an unsubstantiated prediction, not a factual misrepresentation. Secondly the moor dealer is deemed to be an 'expert' and in this case has clearly not checked his facts properly, even though he only needed to understand a VIN plate properly to know that he was talking bollox. That is not a 'mistake', its professional incompetence at best?

And I'm totally unclear how you think the OP made a 'mistake'? He stated a requirement and the seller confirmed, wrongly, that the requirement was met....last time I looked that was a reasonable definition of being misled....? Regardless of whether the salesman was ill-informed, the reality is he is the professional and is deemed knowledgeable, even if he isn't, otherwise every car dealer would escape from every contract dispute on the grounds that the salesman couldn't be expected to know all the answers. I think not. The simple act is they have the means (in this case a simple 30-second analysis of the VIN plate) to know that they gave the OP incorrect information.

Having qualified in law in one life, and spent quite a few years working with the motor trade in another, I have seen this tested first hand numerous times, always in the buyers favour when is been a material issue.

But lets leave it there before I fall asleep......

[Deleted account DD]

wondering whether to answer this one...................

I'd say petrol sales and sheep grazing would be kicked out by a competant solicitor. Ones a prediction and ones an unfounded opinion.

The op was looking for a statment of fact ie it will tow X, no opinion , no hearsay and he could reasonably, as stated above , have expected the salesmanas an informed expert to have located or informed him of the difficulty in obtaining that information.

He did not, the judgement of any reasonable person would have to be that the vehicle itself, not a generic data sheet would yield that information and the vin plate is the source. Or at very least an option worth pursuing.

The salesman by omission, error or stupidity misled and sold a product not fit for the purpose it was intended. Thats giving him the benefit of the doubt with no aspersions cast upon his honesty.

The closest example is the landlord one, even though the effective conclusion was that the contract was void, again it was a decision based primarily upon opinion

There will be many more modern cases . One in particular would be mrs & dave v's catterick caravans 2008 where the very points regarding fact v's opinon above were argued and won

[felixthelogchopper]

Originally Posted by daved

There will be many more modern cases . One in particular would be mrs & dave v's catterick caravans 2008 where the very points regarding fact v's opinon above were argued and won

Can't seem to find that one on LexisNexis

[lacroupade]

Originally Posted by felixthelogchopper

Can't seem to find that one on LexisNexis

ooh its a classic trust me!

[briggie]

anyway . ... back on track lol .......

if you look under " dimensions " on the following link , it gives some interesting figures

http://www.lestacarcentre.co.uk/used...01050375342294

[briggie]

Originally Posted by cm2581

Rustic - my vehicle is the older 2.7 TDi SE+ 5d Auto - not the 3.0 stated here.

And I have passed my B+E test - I've even had compliments on my reversing skills from BOYS!!!!!

no boys on here , only men ( oh and ladies ) .... trouble is its hard to tell the difference sometimes

[cm2581]

Oi Oi Oi You LOT!!!!! Stop referring to me as 'he'!! I'm a girlie!! Not a pink fluffy one but definitely a girlie!!! If 30 is classed as a girlie anyways!!

And thanks so much everyone for your help. I spoke again to VOSA and DVLA and regardless of what anyone or any bit of paper or internet entry says, the plate goes. Law. Fact. If the plate is incorrect (?!) then an application can be made to the local DVLA office to have it changed. And quoting the Sale of Goods Act 1979 (as advised by Consumer Direct) and let then know I am holding them in breach of contract as the goods are not fit for the purpose made known at the time of sale and I give them 7 days to rectify the situation.

And hopefully, that will be that! And I will return for advice on where to buy a manual! Idiots guide will be required cos I don't think I want to buy from a dealer again!!! I will go with my folding notes and haggle and barter my way round bloody england (I'm in Edinburgh!) if necessary to get one! Oh maybe not barter - who knows what a private seller might be after!!! I will take scary looking daddy with me me thinks!

[Deleted account DD]

Good luck

[Deleted account DD]

Originally Posted by briggie

anyway . ... back on track lol .......

if you look under " dimensions " on the following link , it gives some interesting figures

http://www.lestacarcentre.co.uk/used...01050375342294

on track for what ?


message i get on that link is "Page not found (HTTP 404)."

[briggie]

http://www.lestacarcentre.co.uk/used...01050375342294

[briggie]

Originally Posted by briggie

http://www.lestacarcentre.co.uk/used...01050375342294

take a look under dimensions

[Deleted account DD]

Originally Posted by briggie

http://www.lestacarcentre.co.uk/used...01050375342294

works.

Not sure what youre saying He's made a good effort plus a disclaimer to describe it