Rejecting Vehicle - Advice Please **Won Refund**

[brokenrangerover]

Hello everyone, to update - its gone to court and they have not responded, now I have been granted Judgement by Default in my favour. What is likely to happen next? They have received notification that its time to pay up.

[sailor sam]

Here are your options;

 

http://www.compactlaw.co.uk/free-legal-information/small-claims-court/enforcement.html

 

You may want to do the oral examination to establish that the debtor has the means to pay you. At the hearing he will have the opportunity to make an arrangement to pay you.

[brokenrangerover]

Does this apply if they are a Ltd company?

[sailor sam]

Yes. This may help; http://smallclaims.me.uk/index.html

[popeyethesailortam]

Sadly you have found one of the many pitfalls in going through the courts. Although you won by default with the other party not attending. You still aren't any better off. Traders like this know that if they don't turn up in court you then have to get a court order to get your cash. He then says to the courts I can only afford a tenner a week and your still left waiting to get your money back.

[oddjobbob]

Withuot wishing to step on anyones toes here, I've said what poeye said before on here.

 

Getting a judgement is NOT the same as getting paid.

 

These charlatans trade as a ltd co, as soon as there's any grief they disappear then set up again down the road.

 

I feel sorry for the OP, these people get the car trade a bad name.

[oddjobbob]

ps no idea why some of the above post is in bold and some isn't..

[popeyethesailortam]

ps no idea why some of the above post is in bold and some isn't..

 

 

Exacyly oddjob. They know that the cars they are selling belong in a scrapyard but continue trading knowing all the tricks to avoid getting any grief.

[sailor sam]

Exacyly oddjob. They know that the cars they are selling belong in a scrapyard but continue trading knowing all the tricks to avoid getting any grief.

 

At last, we can actually agree on something! Let's try and do something about it then!

[Conniff]

ps no idea why some of the above post is in bold and some isn't..

 

Probably because their pen leaks

[popeyethesailortam]

At last, we can actually agree on something! Let's try and do something about it then!

 

The thing is though sam, As this thread shows only too well, Being right about the product being not as advertised is a completely different story to having the money back in your hand.

 

My advice like oddjobs, has always been, what is the best way forward for the OP. I still do not believe court was the best way forward. After all the OP still has the car and the trader has the money.

[sailor sam]

The thing is though sam, As this thread shows only too well, Being right about the product being not as advertised is a completely different story to having the money back in your hand.

 

My advice like oddjobs, has always been, what is the best way forward for the OP. I still do not believe court was the best way forward. After all the OP still has the car and the trader has the money.

 

Which is...?

[oddjobbob]

The thing is though sam, As this thread shows only too well, Being right about the product being not as advertised is a completely different story to having the money back in your hand.

 

My advice like oddjobs, has always been, what is the best way forward for the OP. I still do not believe court was the best way forward. After all the OP still has the car and the trader has the money.

 

Which from my point of view is do all yuo can to get the dealer to fix it properly (as I previously said) and if they just can't or won't then you have to go to SCC.

[sailor sam]

Which from my point of view is do all yuo can to get the dealer to fix it properly (as I previously said) and if they just can't or won't then you have to go to SCC.

 

Absolutely!

[heliosuk]

So what is the next pearl of wisdom here?

[brokenrangerover]

Hello everyone and thank you for continuing to take an interest. This is not a small claims - currently its in excess of £6K and so has not gone through the small claims (I think, actually my solicitors are dealing with it now). I did try to get the seller to fix it, but they were incapable of doing so and became aggressive to deal with. As a female who has to deal with most things by myself, I shy from bargy men with aggressive complexes. They have though invested quite a lot of time and money in their public image, I don't believe they would disappear easily or quickly. Which doesn't fail to surprise me as to why they are not dealing with it. I will keep the forum posted with goings on in case anyone else has the same issues in the future as it can be quite comforting to read what others have to say on the matter. I am lucky that I can wait for the money and have another vehicle to use in the meantime. Slow process but I am not giving up!

[brokenrangerover]

@popeyethesailortam - I don't have the vehicle, trader picked it up to fix it in January, failed to fix it, said he would try again and call me the next day, never called me or returned the vehicle to me. That was January, this is JULY!

 

Also worth noting, this vehicle was never registered to me at DVLA, which they promised they had done when I bought it. I asked DVLA who couldn't tell me who is the registered keeper, but was able to verify and confirm that it was definitely not myself.

[sailor sam]

Thanks for the update. I think having a solicitor is a bonus providing you can afford it. Hopefully the seller will be picking up the tab anyway.

[brokenrangerover]

Apologies for taking so long to update readers of this thread. By doing so now I hope to restore faith in the legal routes available to us and to those reading this who have a similar problem. I know I was searching for this when I first was having problems, so if reading this helps, then I am very happy.

 

Following about £1000 in court fees, legal costs etc I got a favourable result via a cheque from my solicitor covering the cost of the Range Rover, legal costs and interest.

 

This cheque was given to me in October 2012 - sorry to not update this thread sooner!

 

It took an application to the court, from which I was granted Judgement by Default and then an enforcement via a personal visit to the car dealers premises by a High Court Enforcement Officer to get my money back. But it worked.

 

Then, the car dealer in question, after paying up, then decided to challenge it by making an application to the court to move the hearing that had already taken place. Their reason being that they knew nothing about this until the visit by the HCEO, yet in the same sentence on the paperwork then said they had actually filed a 'valid defence'. YOU DECIDE! The court gave them 7 days to duplicate evidence of this defence, which they then failed to do so. Apparently it is quite common, having got money from someone via the High Court, that it is then challenged back to the court, which is worth bearing in mind if you are taking this route. Document as much as you can and give the other parties a fair chance to put things right - I gave them about six months to put it right!

 

My solicitor was invaluable in the outcome of this case - I could have done it without her, but being so busy (I run my own company) I was unable to dedicate the time and often felt like I didn't know what the best thing to do next was.

 

I am obviously very pleased with this outcome. If anyone has any questions at all regarding this, please feel free to ask - I would be very happy to help if I can.

 

Reading this forum has helped a lot, so thank you to the site owners.

 

Good luck! x

[sailor sam]

Good result and seems that my line of thinking was correct from the start. Pity it took so long but your persistence has certainly paid off. Well done!

[pj_evo]

Apologies for taking so long to update readers of this thread. By doing so now I hope to restore faith in the legal routes available to us and to those reading this who have a similar problem. I know I was searching for this when I first was having problems, so if reading this helps, then I am very happy.

 

Following about £1000 in court fees, legal costs etc I got a favourable result via a cheque from my solicitor covering the cost of the Range Rover, legal costs and interest.

 

This cheque was given to me in October 2012 - sorry to not update this thread sooner!

 

It took an application to the court, from which I was granted Judgement by Default and then an enforcement via a personal visit to the car dealers premises by a High Court Enforcement Officer to get my money back. But it worked.

 

Then, the car dealer in question, after paying up, then decided to challenge it by making an application to the court to move the hearing that had already taken place. Their reason being that they knew nothing about this until the visit by the HCEO, yet in the same sentence on the paperwork then said they had actually filed a 'valid defence'. YOU DECIDE! The court gave them 7 days to duplicate evidence of this defence, which they then failed to do so. Apparently it is quite common, having got money from someone via the High Court, that it is then challenged back to the court, which is worth bearing in mind if you are taking this route. Document as much as you can and give the other parties a fair chance to put things right - I gave them about six months to put it right!

 

My solicitor was invaluable in the outcome of this case - I could have done it without her, but being so busy (I run my own company) I was unable to dedicate the time and often felt like I didn't know what the best thing to do next was.

 

I am obviously very pleased with this outcome. If anyone has any questions at all regarding this, please feel free to ask - I would be very happy to help if I can.

 

Reading this forum has helped a lot, so thank you to the site owners.

 

Good luck! x

 

 

Hi

 

Which solicitor did you use?

 

regards

[Surfer01]

Seems like your solicitor was on the ball. Wells done!