finance agreement

unholyangel

We've both said our bit. You said I was wrong just because you think I am. I've responded telling you that a) I was going by citizens advice and RTA and b) that if you feel they're incorrect you should take it up with them.

Now please, either chase the issue with citizens advice/government or drop it. I don't really care which as long as you quit with the troll replies.

George_Michael

Now please, either chase the issue with citizens advice/government or drop it. I don't really care which as long as you quit with the troll replies.

Bit of a waste of time posting that comment angel as you know it's just never going to happen.
Flyboy will never admit that he is wrong or never post any links to relevant legislation or to other sites that back up his misguided views, much prefering to simply keep repeating the same old mantra that the information does exists and if you or anyone else can't find it, that's not his fault.

unholyangel

George_Michael wrote: »

Bit of a waste of time posting that comment angel as you know it's just never going to happen.
Flyboy will never admit that he is wrong or never post any links to relevant legislation or to other sites that back up his misguided views, much prefering to simply keep repeating the same old mantra that the information does exists and if you or anyone else can't find it, that's not his fault.

Yes but I live in hope. Foolishly perhaps but still.

arcon5

unholyangel wrote: »

Ah but subsection (b) doesn't apply to dealers. Not unless they can prove they made the buyer aware that to use the vehicle on the road would be unlawful. It is not enough to simply assume/believe the car isn't going to be used in the UK/used until fixed.

Why doesn't it apply to dealers? I see no exceptions within the act :huh:

If a vehicle is advertised as 'for parts' or 'not roadworthy', it would be safe to assume the buyer is purchasing the vehicle for purposes other than immediately driving the vehicle. If a dealer can demonstrate they took steps to make the buyer aware of the condition, it would not be unlawful.




So with it being so abundantly clear it is by general nature NOT illegal to sell an unroadworthy vehicle, why are we all still hammering on with this and saying the contrary?

Just look on eBay, there are loads of dealers selling unroadworthy vehicles (usually cat B and C write offs). Many dealers and traders out there are selling them, surely if this was illegal it would have been stopped by now. Insurance companies will also sell write offs to scrap yards and like also - again unroadworthy vehicles being sold.

This thread is going around in circles, so can we now all agree it is NOT illegal to sell unroadworthy vehicles (subject to being able to demonstrate is wasn't intended to be driven).

Flyboy152

unholyangel wrote: »

We've both said our bit. You said I was wrong just because you think I am. I've responded telling you that a) I was going by citizens advice and RTA and b) that if you feel they're incorrect you should take it up with them.

Now please, either chase the issue with citizens advice/government or drop it. I don't really care which as long as you quit with the troll replies.

:wall: Jeez! This is worse than pulling teeth.

You have been shown where in the act it says it is not a criminal offence, what more do you flipping need?

AAAAAAGGGGGGGHHHHHHH!!!!!!

unholyangel

arcon5 wrote: »

Why doesn't it apply to dealers? I see no exceptions within the act :huh:

Earlier you quoted section 75, subsection 6 of the Road Traffic Act.

Right below it is subsection 6A which states:

(6A)Paragraph (b) of subsection (6) above shall not apply in relation to a person who, in the course of a trade or business—
(a)exposes a vehicle or trailer for sale, unless he also proves that he took all reasonable steps to ensure that any prospective purchaser would be aware that its use in its current condition on a road in Great Britain would be unlawful, or
(b)offers to sell a vehicle or trailer, unless he also proves that he took all reasonable steps to ensure that the person to whom the offer was made was aware of that fact.]

arcon5

unholyangel wrote: »

Earlier you quoted section 75, subsection 6 of the Road Traffic Act.

Right below it is subsection 6A which states:

So it does apply, so long as they take "reasonable steps to ensure that the person to whom the offer was made was aware of that fact". Making selling unroadworthy cars legal if advertised as such.

(6A)Paragraph (b) of subsection (6) above shall not apply in relation to a person who, in the course of a trade or business—
(a)exposes a vehicle or trailer for sale, unless he also proves that he took all reasonable steps to ensure that any prospective purchaser would be aware that its use in its current condition on a road in Great Britain would be unlawful, or
(b)offers to sell a vehicle or trailer, unless he also proves that he took all reasonable steps to ensure that the person to whom the offer was made was aware of that fact.]

StaffsSW

I love these threads with all the bedroom barristers arguing over who thinks they know best.

Every post has some sort of legal terminology spouted out as if it is the result of years of legal training, rather than years of staring open mouthed at internet forums.

unholyangel

arcon5 wrote: »

So it does apply, so long as they take "reasonable steps to ensure that the person to whom the offer was made was aware of that fact". Making selling unroadworthy cars legal if advertised as such.

Which is exactly what i said in my earlier post......

Ah but subsection (b) doesn't apply to dealers. Not unless they can prove they made the buyer aware that to use the vehicle on the road would be unlawful. It is not enough to simply assume/believe the car isn't going to be used in the UK/used until fixed.

Did you miss that bit perhaps?