Used car trouble

[macatac]

Contacted the court today, they said the defendant had put in their application to have the judgment set aside but wouldnt tell me the reasons, said i would recieve a letter shortly with a copy of the application attatched, but did tell me a hearing date to look at the application had been set for nov 1st 2010, so another 6 weeks hanging around.

Will update when i get the letter, letting you's know the defendants reasons for asking for the judgment to be set aside.

[macatac]

Hers's the latest

this is what the defendant has written on form n244 asking for judgment to be set aside

" i wish to apply for judgment to be set aside because we disagree the outstanding debt stated on warrant and previous hearing nothing re proceedings"

Also they have added this

vechicle invoice

previous judgment order

i will bring document with me to the hearing, we still havent had return of vechicle re judgment.

 

I have sent copies of the 3 letters fao the judge sitting on nov 1st , showing that i was asking the defendant to contact me to make arrangements to collect the car, warning it would otherwise be disposed of, all were sent by recorded delivery to the defendant and all were signed for, they never responded to any of my letters.

[macatac]

ive been through the whole process and got money back for the dodgy car, im now trying to get my expenses paid back, i was awarded judgment, but they are asking for judgment to be set aside, good luck with your case

[macatac]

Well, todays the day the judge will look at the defendants application to have judgment set aside. Im hoping he will throw this out as i think they are just using delaying tactics. I cant attend court, but have sent a letter giving my reasons as to why i object to their request. Ive also sent to the court copies of the letters where i asked the defendant to contact me so they coud arrange to pick up the car, which they didnt do, and a copy of the certificate which shows the car was disposed of. Gotta wait again now to see what the judge decides, will keep you posted.

[sailor sam]

Mmm, pity you can't attend because it can make a difference. Good luck in any event!

 

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[macatac]

Just rang the court to find out the result of the defendants request to have judgment set aside which was heard yesterday. Their request was thrown out and the warrant has been re-issued to the baliffs for them to recover the money.

[macatac]

Bailiffs have made contact with the defendants again, collected some money this week from them but have given them 3wks to pay the outstanding amount. I spoke to the bailiff who said he will be calling on the defendant for the next 3 mondays to recover £300 on each visit. He has told the defendant if he fails on any payments that he will take goods from him and said he has left the defendant under no illusions that this will happen and has told him there is a lot of goods that he can and will take if he defaults. I will still be naming the defendants when all monies have been collected.

[macatac]

So far so good. Bailiffs have been in 3 times so far and collected money. Should have called in yesterday for the last collection, will hear about this in 2-3 days time, so hopefully this is now at an end at long last. The place i bought the car from was Kcarz in Eye, Peterborough. They also sell used cars on Ebay. Ive had a bad experience with them, but im in no way implying you will have the same troubles ive had. I now have another used car, bought at Faenol Garage in Nth Wales and i couldnt be happier with it, or the service ive recieved. I cant commend them highly enough. Great service and great people to deal with.

[Ed Gasket]

Excellent news macatrac and thank you so much for logging the progress of your case. It helps a lot to see how these things go and what to expect.

[macatac]

Finally had confirmation from the bailiffs that they have now collected all Monies due from the defendants. Its been a long process, but so glad i took this route. I hope in future, anyone who has dealings with Kcarz will be better treated than i was. If they had have refunded me in the first place this action could have been avoided and been over and done with in april 2010, instead, their attitude was "do want you want".

They have now had to refund me in full for the faulty and falsely advertised car, which i had scrapped when they wouldnt collect it, also for all out of pocket expenses ( hire car ) and they lost another £75 when they tried to have the judgment set aside and failed, also any costs involving the bailiffs carrying out their job to recover the money.

It can take sometime from start to finish, but would advise anyone who knows they have a good case not to be worried or afraid to go to the small claims court to recover their money. I took no legal advice from anywhere, and just went for it, thankfully all turned out good in the END.

[minxa]

Hi Macatac

 

Thanks for your reply on my thread.

 

Was the main problem with your car the head gasket?

 

My seller is telling me (rather aggressively) that if my problem is head gasket then this comes under 'fair wear and tear' and would not be his responsibility. He is refusing to believe the diagnostic report from a main dealer stating that there is a problem with the piston rings and is telling me it is head gasket and nothing to do with him. Sorry, but i am far more inclined to believe someone who has looked at my car for half a day over him who hasn't even lifted the bonnet!

 

If amazingly it does turn out to be just head gasket (which seller is going to test for on Saturday) and seller tries to get rid of me on 'fair wear and tear' grounds...is he right? Or can i still fight that head gasket comes under 'not fit for purpose'?

 

Initially reported the problem to seller 2 months after buying the car.

 

Thanks

Minxa

[superted2012]

Hi Macatac, I'm so happy you won your case and received your money back, I'm going through the same issue with these fraudsters, they are ignoring my letters and I'm at the end of my tether!

 

I would really appreciate it if you could PM me your email address so we could talk some more and i can take some advice from you with getting my money back from I KCarz.

 

Kind Regards

 

Ted

[michae]

Hi Macatac, I'm so happy you won your case and received your money back, I'm going through the same issue with these fraudsters, they are ignoring my letters and I'm at the end of my tether!

 

I would really appreciate it if you could PM me your email address so we could talk some more and i can take some advice from you with getting my money back from I KCarz.

 

Kind Regards

 

Ted

hello ted - did you get it sorted in the end?

[Conniff]

I should hope so michae, the thread is over two years old.

[michae]

I should hope so michae, the thread is over two years old.

I know, was thinking of purchasing a car from them but 2 people have had trouble with them on this site....