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LAYING DOWN THE LAW: Do I have to pay to prove faulty car is unusable?
 
DO YOU HAVE A LEGAL PROBLEM? Write to Austin at Evening Times Features, 200 Renfield Street, Glasgow G2 3QB or e-mail him at:  <a href=mailto:features@eveningtimes.co.uk>features@eveningtimes.co.uk</a>
DO YOU HAVE A LEGAL PROBLEM? Write to Austin at Evening Times Features, 200 Renfield Street, Glasgow G2 3QB or e-mail him at: features@eveningtimes.co.uk
 

by Austin Lafferty

Q I READ your answer "£9000 car is a lemon". I have a similar problem.

I bought a car that was unusable.

Trading Standards have advised that the dealers say the car was in a roadworthy state when it left their branch.

They also say they have the paperwork to prove this, therefore we have to get an independent inspection, which we have to pay for.

The finance company are advising that if it is down to wear and tear then we will be held liable for repairs.

The alternative is that we may have to go down the road of an independent inspection to prove otherwise.

A The law is clear - if a vehicle is not of an acceptable standard then you can reject it and get your money back, assuming it can't be fixed or the sellers refuse to fix it free.

But as to proving why it is unfit - neither you nor I are car engineers or mechanics, so a court would only be convinced by an independent, expert report that establishes the faults in the car are not due to wear, misuse after sale or external events.

The only way forward is for you to pay for the inspection - if you have to sue the dealer and finance company, then you can include this cost in the amount claimed.


Who has right to home?

Q A COUPLE of weeks ago you advised a man, who was worried that his house could be claimed to pay for care costs, that the authorities cannot sell a house to pay for these.

My mother-in-law, who is in a care home, has had her house taken by the council who have now put it up for sale.

Can you explain how this can square with your opinion?

A In my answer in December I said they could not sell the house if it was in her name.

What happened to you was that the council, in the absence of anyone else being available, got themselves appointed as Incapacity Guardian of your mother-in-law, so took over her affairs, thus putting the house in their name and under their control.

Guardianship is granted as a last resort if there is no other way to assist the person, getting her into a care home, sorting out any finances etc.

This procedure is very complex and closely regulated by the courts.

If there are family and funds available to avoid it, guardianship cannot be granted to the council, making the house safe from their clutches.


Job search nightmare

Q I HAVE spent the last six months doing the hardest job search ever, even writing to my MP to ask if he would get the Department of Work and Pensions to allow me to go on a training course, or anything.

The answer was no. I went for a restart interview and was told to go to an office which will provide newspapers.

I have already arranged this with another agency.

If I refuse I will lose my benefit payments and I am still not being offered any training.

A Complain in writing to the manager of your local DWP office - or the Secretary of State for the Department.

If benefits are refused, appeal against that refusal.

For more information, check out www.direct.gov.uk/en/MoneyTaxAnd Benefits to find out how you can appeal.

Publication date 13/01/09

Posted by: count0074, rutherglen on 8:36pm Tue 13 Jan 09
If I sold my house to family members for a nominal sum, eg, £1000, on the condition that I live in it rent free, could the council force the sale of the house to pay for my keep if I were to be taken into a care home.?
Posted by: Reader, Glasgow on 9:08pm Tue 13 Jan 09
I think in these circumstances they use a draconian ruling that the asset is still yours.
But then again what if someone took out a 100% loan against the value could the council sell it then!!!!!!!!
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