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I bought a caravan advertised as a 1992 model and as having "no damp". After purchase, I now find it is a 1991 model and it is riddled with damp. What can I do? — by Maria Mason — last modified 2008-10-06 14:53

I bought a caravan which was advertised as being a 1992 model and also as having "no damp". After purchase, I found out it is a 1991 model and it is riddled with damp and basically not safe to use. What can I do?

We bought a car from an independent dealer but within 17 days it suffered a head gasket failure. The dealer wants us to contribute to the repair but surely the dealer is responsible? — by Maria Mason — last modified 2008-10-06 10:45

We bought a car for £4,000 from an independent dealer. Within 17 days and with less than a 1,000 miles covered, the car suffered a head gasket failure. We returned the car to the dealer who informed us that he would only pay £250 towards the repair and we would have to pay £275 towards it. We thought our consumer rights would mean the dealer was responsible. We contacted Trading Standards and they side with the dealer claiming it to be "wear and tear". However, as I understand it a "gasket" is jointing material between two surfaces. Please can you clarify if we are right or wrong?

I have been considering going bankrupt and would be grateful for any advice about bankruptcy in Scotland. — by Maria Mason — last modified 2008-10-03 17:06

I have debts that are being resolved through a Trust Deed. In other words I pay £150 per month and I don't have to deal with my creditors personally. I have been considering going bankrupt and I would be most grateful if you could give me any advice about bankruptcy in Scotland, please.

What is the difference between a "stay of execution" and "setting aside a judgement"? — by Maria Mason — last modified 2008-10-03 17:09

What is the difference between a "stay of execution" and "setting aside a judgement" and in what circumstances are these used?

I employed a builder to re-plaster much of my flat. Now, a year later, many of the walls have blown and the builder is delaying fixing this. Where do I stand legally? — by Maria Mason — last modified 2008-10-03 11:53

I employed a builder to re-render and re-plaster much of my flat. The work extended way beyond what was agreed in terms of time but when the work was completed I paid the remainder of the agreed total cost. Soon after, one by one, a large percentage of the walls have blown, the most recent discovery is two more blown walls, one year after work on my flat began. Most of my new walls have had to be re-plastered as a consequence; this has cost me in terms of having to re-decorate and loss of earnings (rent of a room). I have expressed my dissatisfaction to my builder, who has behaved as if he is doing me a favour by agreeing to make reparations and is delaying doing the work. Where do I stand legally in this situation?

Is an e-mail from a company confirming a service legal and binding? — by Maria Mason — last modified 2008-10-02 19:00

Is an e-mail legal and binding? If a company confirms a service via an e-mail, i.e. confirms prices and terms and conditions and agrees to supply goods/services via an e-mail does this constitute a contract between vendor and buyer, and liability if the contract is broken?

My ex-boyfriend owes me a large sum of money and is refusing to pay me back. What can I do? — by Maria Mason — last modified 2008-10-01 17:58

My ex-boyfriend owes me over £13,600 and is refusing to pay me back. I have bank statements proving that I lent him this money to pay off his debts. I have today written him a second letter requesting this money. I am unemployed and pregnant. What else can I do to get this money back?

I recently bought a van from a dealer with mileage of 95k. I did an MOT history check and have found the mileage is actually 149k. What can I do? — by Maria Mason — last modified 2008-10-01 10:57

I recently bought a van from a dealer who had advertised in AutoTrader. The advert and the odometer said the mileage was 95k. I met the dealer at his home address and looked over the van, was taken for a test drive and then had my offer accepted. I purchased said van and as an after-thought did an MOT history check online - shock horror the penultimate MOT certificate showed the mileage at 149k, the MOT certificate he gave me, which was a week or so old, showed the mileage at 95k, somebody has clearly clocked this vehicle! I feel so stupid, I should have checked beforehand but thought the computerisation of MOT certificates would render this sort of thing impossible!! Before I phone the vendor and confront him I need to know where I stand, if anywhere. I'm actually very pleased with the van, it goes really well and has recently been sprayed but I just feel really annoyed and I am losing sleep over this. What can I do?

I have a car on finance but I want to ge rid of it as it is costing too much. Can I give it back to the finance company? — by Maria Mason — last modified 2008-09-30 12:54

I have a car on finance but I want to ge rid of it as it is costing too much. Can I give it back to the finance company? I have had it for 18 monhs and the finance is over 5 years.

I bought a car which was described by the trader as having no accident damage repair and it had a clean HPI check. I have now had an AA inspection which shows the car has undergone considerable damage repair. What are my legal options? — by Maria Mason — last modified 2008-09-29 14:57

Two weeks ago I bought a one year old Citroen C2. It was described by the trader as not having any accident damage repair and I was shown a clean HPI check - which I repeated later with the same result. Due to my own suspicions I've just had an AA inspection completed and it has confirmed my fears that the car has undergone considerable damage repair including a full respray. There are several items indicated as needing immediate attention and many others requiring attention soon. It will also have invalidated the remaining manufacturer's warranty. What are my legal options?

My brother stole money from me. I went to Court and the Judge ordered him to pay me but he has not done so. Is there anything I can do? — by Maria Mason — last modified 2008-09-26 21:13

My brother stole money from me. I have been to Court and the Judge found in my favour and ordered him to pay me. I received nothing from him so it went back to Court. My brother didn't show up and the Court issued a warrant of excution for the Bailiff to take his goods. When the Bailiff turned up at his house his wife said he no longer lives there and she went to the Court and told them the same story. The Bailiff said that as he doesn't live there, there is nothing they can do. However he does live there and is pulling the wool over their eyes. Is there anything I can do?

I lent a friend some money. He is now selling his lease and has written me a cheque to pay in when the funds are available. I have just found out that he has other outstanding debts. Where do I stand with this cheque? — by Maria Mason — last modified 2008-09-26 10:20

About 18 months ago my friend set up a business and asked me to lend him some money. Of course at this point I was happy to help him, no solicitors were involved it was just one friend helping another. Now this friend is trying to sell his lease and has assured me that once the lease is sold then I will get my money back. In the meantime he has written out and signed a cheque ready for me to pay into my account once the funds are available. However, I have now found out that apparently he has outstanding debts with other people - i.e. gas, electric etc. Where do I stand with this cheque?

Is it possible to pursue a claim against the unenforceability of student loans? — by Maria Mason — last modified 2008-09-24 17:13

I took my student loan out in 1998 and therefore it does not fall under the Consumer Credit Act (I believe student loans fell under the Higher Education Act from 1998 onwards). Would it still be possible to pursue a claim against the unenforceability of such a loan as it is still a form of consumer lending?

I purchased a car for cash but have now found out the seller had not paid off the finance on the car. Where do I stand on ownership? — by Maria Mason — last modified 2008-09-22 11:58

I purchased a car for cash but now a finance company have contacted me saying that the seller had not paid off the finance on the car. Where do I stand on ownership of the car?

What are the purchaser's rights when purchasing a second hand car and finding a significant fault within the first few weeks? — by Maria Mason — last modified 2008-09-21 19:40

What are the purchaser's rights when purchasing a second hand car and finding a significant fault within the first few weeks?

I bought a car from a trader and it went wrong the next day and will cost £1,000 to fix. Can I get my money back? — by Maria Mason — last modified 2008-09-18 19:46

I bought a car from a trader last Saturday and it went wrong the next day so I was just wondering if I can claim my money back from the trader. I have found out it is going to cost around £1,000 to fix which I have not got at the moment. Where do I stand with this?

I won a County Court claim for money owing to me but the Bailiffs have been unsuccessful in recovering this. What would be my next step? — by Maria Mason — last modified 2008-09-16 12:08

I won a County Court claim for money owing to me but the Bailiffs have been unsuccessful in recovering this. What would be my next step? The money owing is £4,900.

I purchased a kitchen from an internet kitchen company. The company let me down on delivery three days on the trot and when the kitchen finally arrived, several items were missing. Where do I stand legally? — by Maria Mason — last modified 2008-09-15 12:16

I purchased a kitchen from an internet kitchen company. They let me down on delivery three days on the trot then, when it finally turned up, several items where missing. I have been waiting two weeks now for the missing parts and have been let down on delivery on an additional three separate days. Each day I am having to take off of work so I can wait for the goods. I still do not have the missing parts and I have now been without a kitchen for three weeks. I have just had a first child and coping without a kitchen is extremely difficult. I also had a kitchen fitter booked in for the weekend after the kitchen was delivered and he was let down at the last minute and he wants money as he could have been doing another job, which is fair enough. Where do I stand legally? I really just want my money back and for them to come and collect the poor quality goods that I have received.

If I privately sell a car "as seen" which has a valid MOT certificate, am I under any further obligation to ensure that the car is free of faults? — by Maria Mason — last modified 2008-09-12 12:38

If I privately sell a car "as seen" which has a valid MOT certificate, am I under any further obligation to ensure that the car is free of faults? In other words, could I be held responsible if a failure of the car caused an accident? I wish to stress that I am not selling a car knowing that it has dangerous faults but I am concerned that in an old car there may exist problems which I am unaware of.

I recently bought a car from a private dealer and he did not inform me that the car was a insurance write-off. What can I do about this? — by mariam — last modified 2008-09-10 12:16

I recently bought a car from a private dealer and he did not inform me that the car was a insurance write-off. What can I do about this?