If you win the ruling (presuming they have applied for a set aside). Instruct HCEO's as soon as you can afterwards. Once the HCEO's turn up on site, these car dealers won't know what's hit them and the debt will either be paid (by cash or card) or the HCEO's will start removing items of value of up to 10 times the debt.

 

That kind of makes businesses sit up and take notice

Only downside of HCEO's is that they also have to give the debtor 7 clear days Notice of their intentions if the debtor does not contact them.

Thanx for above advice seems like most of the summer has been on hold due to the actions of Autosave hopefully the truth will prevail,we only ever wanted our money back in the first place now the dept has rose plus the court action we will never buy a used car from a dealer iv lost all faith in them over this matter.

Just to update people on here we our due in court on wednesday 17th of sept AUTOSAVE have changed there name to CHURCHBARN AUTOS same premises and same landline as AUTOSAVE.

Can anyone give us an idea of what the outcome will be will they be able to get away with court action simply by changing there trading name they our not a ltd company any advice would be helpful feel the courts our letting us down as the bailiff did go to there premises but failed to collect debt and court let them set case aside.

Two threads merged.

Please keep to this one thread for this issue so that the complete history is in one place.

Was expecting the above but thread won't get the airing it needs if put at the bottom of a thread that doesn't pertain to the compaieys new trading name just want people to be aware as this thread is at the top of google search engine when CHURCHBARN AUTOS is typed in....sorry if iv broke the forum rules just want to warn people and maybe get some advice maybe.

Autosave never showed up in court today they have changed there web site name as iv said in the last post that no one seems to be reading as its on the bottom.The owner partner Paul Kearney is known to blackpool courts as he has done what he did to us 7 years ago sold 2 cars that were faulty seems he changed the name of company then as he has last week.Not going to say much more about the case but if people want sound advice or help ie forget sending county court bailiffs to collect dept waste of money don't hesitate to pm me.The Blackpool gazette our going to cover my case.

If they transferred the assets then you can stil chase the new company but it will be harder. If not a limited company then the individual is still responsible for the debts. If deby more than £700 consider a HCEO, they have more powers.

Having a similar problem with the same garage as the original poster. I rang autosaves phone number this week - and a John Birkett answered - spun me some cock and bull story about the original owners doing a runner leaving a massive amount of debts etc - you get the drift - and that there was now a new owner in charge - spoke to him - couldn't get a name out of him. However if a business was bankrupt or defunct why would new owners take on there web site - telephone number etc and from what I can work out the same VAT number. You would want to do everything you could to disassociate yourself from the previous rouge traders. Not sure were I am going to go with my problem yet - as I believe the local news paper will be doing a feature on this company soon - so it may be just a case of wait and see - however I do feel that legal action is going to be the only way to recoup ones loss's.... the original owners wont be too difficult to trace - as there address was published in the local paper some years ago.

Its always difficult going to court as it can often be hard to prove certain facts as Autosave put nothing in writing.... Will be watching this forum with great interest - see what happens next....

Hope this helps.

I supplied them with cleaning materials. When I saw the name change I went round to collect my money - the new owner said he was happy to continue buying from me , but 'Autosave' have gone bust and will be filing liquidation or bankruptcy papers in the next few weeks - so I had lost what they owe me. Apparently they have no assets - the cars on sale were on sale or return from the new owner, so thats why he has just carried on the business. So it seems you will just have to claim your losses from any assets that are available when they file, but usually there is nothing or a few pence in the pound so it is hardly worth the bother.

I am only posting this on here because I thought it might be worth asking your solicitor if you should go and trace where your car is now and reclaim it - if you do not is it not possible it will get lumped in with any assets they have, as you have returned it so they owe you cash, and there is not likely to be any cash for you to claim ! At least you can resell the car for something, and then put in a claim for whatever the court award you?

Just to update you Church Barn Autos has nothing to do with Autosave Blackpool. the business was owned by Mr Patrick Skiba and Mr Paul Kearney they have walked away. The business has been taken over and is under new management . Yes it is the same premises and has the same telephone number but has nothing to do with the previous owners.

John Birkitt the salesman has stayed on as he now employed by the new owner who has had over 40 years in the motor trade.

Autosave is no more the owners Paul Kearney and Patrick Skiba have walked away. They have nothing to do with Churchbarn Autos as it may be on the same premises and have the same telephone number and is linked from the website which is being worked on to get rid off Autosave,s web page.

Mr John Birkitt was telling you the truth and as for the VAT number, it is a differnet number only for Churchbarn Autos so I suggest you get your facts right before slandering another company. I might add is doing the best and taking a lot of flack with the leaving of Mr Kearney and Skiba.

Just to update you Church Barn Autos has nothing to do with Autosave Blackpool. the business was owned by Mr Patrick Skiba and Mr Paul Kearney they have walked away. The business has been taken over and is under new management . Yes it is the same premises and has the same telephone number but has nothing to do with the previous owners.

John Birkitt the salesman has stayed on as he now employed by the new owner who has had over 40 years in the motor trade.

This is very confusing.

First you say that Church Barn Autos has nothing to do with Autosave. That implies that it is a wholly new setup.

Then you say that the business has been taken over and is under new management, which implies that it is the same business but with different management and a new name.

It's an important distinction, because a takeover would mean that the company retains its liabilities and responsibilities, even if it changes its name and owners.

This is very confusing.

 

First you say that Church Barn Autos has nothing to do with Autosave. That implies that it is a wholly new setup.

 

Then you say that the business has been taken over and is under new management, which implies that it is the same business but with different management and a new name.

 

It's an important distinction, because a takeover would mean that the company retains its liabilities and responsibilities, even if it changes its name and owners.

Perhaps taken over is the wrong phrase 159 Highfield Road is a car sales business it is under new management which is Churchbarn Autos. Mr Skiba and Mr Kearny are no longer trading or have ANYTHING to do and are not connected in anyway to Churchbarn Autos.

So it did not go into liquidation and die only to be purchased from the liquidator and resurrected, it just changed hands ?

Perhaps taken over is the wrong phrase 159 Highfield Road is a car sales business it is under new management which is Churchbarn Autos. Mr Skiba and Mr Kearny are no longer trading or have ANYTHING to do and are not connected in anyway to Churchbarn Autos.

A recorded delivery letter has been sent to Blackpool County Court informing them of the legal situation regarding Autosave and the new owners Churchbarn Autos. A new lease has been granted by the landlord Mr Steven Newall , new Vat number, new Bank Account with no connection to the previous owners .

Mr John Birkitt left Autosaves employment and has been re employed by Churchbarn Autos. If anybody continues to make false accusations about it being the same company we will have no alternative but to put in the hands of a solicitor. We do not condone any action regarding Autosave but many firms do go out of business due to financial difficulty.

So you were foolish enough to take over a company that was in financial difficulty, what makes you think you will make a living ?

So you were foolish enough to take over a company that was in financial difficulty, what makes you think you will make a living ?

I did not take it over. They went and we started a new company and we have every confidence in our ability and experience to hopefully run a successful business.

Here's wishing you well, I know how hard it can be.

Is the website not classed as an asset of the business?

Did they leave all of their cars in the courtyard without getting a penny out of you?

You have made the bargain of the century!

If you have instead paid for the vehicles then it's another story titled "taking over"

Here's wishing you well, I know how hard it can be.

Thank you it's nice to read a positive comment

Many Regards

Did they leave all of their cars in the courtyard without getting a penny out of you?

You have made the bargain of the century!

If you have instead paid for the vehicles then it's another story titled "taking over"

I don't think I have any dealings with yourself and if you are that you note tested in our legal and financial position please call in ask for Brian and I will try to help with your queries

Is the website not classed as an asset of the business?

The website is on a monthly agreement with Aziza Media

Autosave has cancelled their contract we decided to keep with the same server hope this answers your question

The website is on a monthly agreement with Aziza Media

Autosave has cancelled their contract we decided to keep with the same server hope this answers your question

Also we have signed a new contract in the name of Churchbarn Autos

I don't think I have any dealings with yourself and if you are that you note tested in our legal and financial position please call in ask for Brian and I will try to help with your queries

It must be a nightmare to open a business and start on the defensive from day one, threatening legal action for anything said that doesn't please the new owners.

Wouldn't have been easier to completely dissociate from previous company?

To the op: If you don't manage to find the previous owners, keep an eye on the vicinity; the killer always comes back to the crime scene