Jump to content


rogue ebay car trader/trading standards/cab/now court/keeps setting aside my claims


david1471
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3697 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

7 threads merged

 

please keep to ONE THREAD

regarding all issues

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

  • Replies 83
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

You could probably point out to the court that he is making a habit of setting aside these judgments, and is abusing the court system.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

the case on 22nd of may was thrown out due to him not turning up and judge stated had he,

it would be no different as his excuse for not entering defence in 1st instance was very poor.

 

he claims problems at home with wife stopped him entering defence and

I showed evidence he further lied on claims on statement of truth backed up by letters from trading standards.

 

as for now the bailiff's attending his property and wife said he has left material property. Which they excepted,

 

now he has put a 2nd set aside in claiming move of address was reason for not attending set aside 1st time.

My argument is he went to court to file set aside but could not contact court to tell of change of address and court still let him put 2nd application in.

 

I instructed sheriffs office who are currently waiting for warrant to be issued but

now its all on hold due to his clever tactics of holding things up by using court to his benefit.

 

I got to the stage where I feel I am the looser as he took £3k out of me and

still has the car I purchased on his property and now matter how much I try he wins every time.

Link to post
Share on other sites

It doesn't sound like this 2nd application has much change of being successful. Very frustrating but hopefully you'll get there soon. Why don't you turn up to the hearing with a list of hours spent on the hearing and ask for costs.

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

Link to post
Share on other sites

I turned up at first hearing with 52 pages of evidence against him, did get awarded costs.

 

he stated I brought car in November, returned it early December and completed repairs for start of January at 1st attempt and I never returned to pick up vehicle and wants costs of 16.40 a day storage.

 

I brought car October after it broke down 1st day, his refusal to do anything sent 2 letters got trading standards involved after finding out it was scrap not recon engine as he stated, he finally on February 12th 2013 sent a recovery truck and took car back, but refused to bring car up to as stated in advert.

Link to post
Share on other sites

  • 2 weeks later...
I turned up at first hearing with 52 pages of evidence against him, did get awarded costs.

 

he stated I brought car in November, returned it early December and completed repairs for start of January at 1st attempt and I never returned to pick up vehicle and wants costs of 16.40 a day storage.

 

I brought car October after it broke down 1st day, his refusal to do anything sent 2 letters got trading standards involved after finding out it was scrap not recon engine as he stated, he finally on February 12th 2013 sent a recovery truck and took car back, but refused to bring car up to as stated in advert.

 

When I read your first post I thought

"this has to be longford road car sales aka barber cars"

so I was surprised to see it wasn't really!

 

However, I looked up this cleeveland car sales where you got your car and seen his adverts on eBay (id: nobbys2005)

and I couldn't help but notice from his ads that he uses Longford park to take all the pictures of his cars against a nice backdrop

- just like the other dealer I mentioned.

 

I wonder if they are connected or not!

 

I live in Coventry and I've had my own bad experience with a couple of local car traders,

it seems the city is full of dodgy ones and frustratingly they all know how to play the system to avoid paying up.

 

Anyway, best of luck getting this sorted and please keep us updated.

Link to post
Share on other sites

hi been doing bit of research a lot of people are using the account so far got a martin, Paul and a tony claiming to be owner of cleeveland cars. A scrap yard supplying some of the vehicles for them, 2 garages 1 putting on dodgy mots and other stamping services books and putting work that's not been done like cam belt done. I also noticed there moving cars to another garage called grayland's ltd and selling from there and were also advertising cars belonging to family or a mates car for sale trying to take away consumer rights. I would say there is good chance there linked.

 

I have wrote to courts asking why they have let him put a 2nd application for set aside when 1st was thrown out by judge. I was informed he can put has many has he likes in till judge says no more. They have stated it will be put to judge that I am not happy that he the defendant put 1st application in but at no point attend or rang court to inform of change of address even though he was fully aware he would be expecting letter from court with hearing date.

 

Also the warrant I have applied will be in place by time set aside is done, so he will be shocked a bit sooner than he thinks.

Link to post
Share on other sites

  • 4 weeks later...

hi just a little update the 2nd set aside by defendant was a success for him even though he only had word of mouth for evidence and I put supporting evidence forward that proved he lied to courts, judge allowed him to enter new defence and pay enforcement costs I have lost up till now. I learnt a good lesson here don't matter the proof you have backing from trading standards to also say defendant is trading outside law, they will side with crooks always.

Link to post
Share on other sites

  • 2 weeks later...

ok guys need some help?? just spoke to courts after defendant failed to comply with judges orders to enter defence and pay costs to bailiff's for charges owed. I was told by court adviser that I need to write to court in couple of days telling them no defence entered judge will then look at case and award it to me again, I pointed out it will give defendant chance to set aside again and he needs to be stopped being allowed to do this. The Clarke said cant he cant do it as many times has he wants so you wont get your money, I pointed out you get your 80 pounds every time so you don't care he responded its the way county courts work. Is there any where I can go to show courts are letting crooks use the system so the also make there money from them and get it stopped.

Link to post
Share on other sites

hi I have now received a defence claim of car trader, he now claims he feels unfair I personally sued him not his ltd company, he says he repaired car and I refused collection and also I threatened his family and now deceased parents.

He has gone done line I was advised on the fact he is ltd and wants case moved to his company to allow him wind up his business has he has done on other occasions.

Link to post
Share on other sites

I think you should just ignore these hopeless applications and proceed to enforce the judgment. There is no need to wait. Have you sent bailiffs round to his business premises? Do you know who he banks with? I can't imagine it would be difficult for bailiffs to enforce against a car trader.

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

Link to post
Share on other sites

he stated on advert in a write up about himself he his independent trader and put nowhere he was ltd company, i.e. at no stage informs buyers he his ltd till he gets problems. He put a statement of truth in for set aside telling 1 story, that has now changed in defence statement guess this will help has he as lied already to courts and can only dig a bigger hole to get out of it.

Link to post
Share on other sites

Once you have a judgment against an individual you can enforce it regardless of the underlying circumstances. I can't imagine the court would entertain yet another attempt to have this set aside on the basis of LTD company or any other basis.

 

Unless he has a stay of execution, just go ahead and enforce the judgment. Perhaps send HCEOs to his business premises.

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

Link to post
Share on other sites

yes the courts have allowed him the set aside , and returned my case back to stage 1 has long has he put his defence forward and paid court fees and bailiff's costs which he did do. I still have very strong case and now he gave me further evidence by lying on statement of truth for set aside helped by him in his defence statement which are both different stories of what he did in respects of sorting out the car. He first claimed I drove car back 100 miles and now his telling them he collected car, plus I purchased in November now he put October. He claims to have repaired car December but not to standard has he advertised it, but I have trading standards letters showing he contacted them in February stating he will collect and repair car. I also have the garage who he claims fitted re-con engine and new turbo stating it was just a engine brought of ebay in writing.

Link to post
Share on other sites

Was there a set aside hearing and if so did you attend it?

 

Please do not focus too much on who is "lying". You cannot win a case by proving that the other side is dishonest. In any event it is possible that this man made a mistake or has bad attention to detail - you would be surprised at how often honest people contradict themselves in emotionally charged situations. You need to focus on the real issue - which is whether or not you have a genuine legal claim against this person. Good luck with the hearing.

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

Link to post
Share on other sites

there were 2 set asides, I attended the first he did not turn up and judge through it out based on poor excuse and 16 days late in returning application awarded me costs. I never attended 2nd.

 

I thought I had strong case by law now to find out no one follows the laws:

 

my case based on trader claimed car had full re-con engine ,new turbo it did not old engine of ebay with original parts added to engine.

 

car had 5 months tax not the case no tax and has I did not have advert at time I could not prove to trader.(trader told trading standards he went and got tax for me). but never

 

full 6 months warranty against turbo and engine no warranty was supplied in writing and trader 1 year on refusing to show the warranty

 

failed to supply mot saying he had mis-layed it. 4 advisorys for tyre needing changed once my garage supplied me a copy. it failed on a mot he had done which he then got changed and fitted on 4 more close to bold proved by mot reports. reported issue to trader 2nd day

 

car had very bad oil leak that was not seen has oil was below sump and only spotted once filled. reported on first day of purchase in phone call to trader and injectors blowing allowing carbon dioxide to enter car blacking up windows and smoothing us in fumes not fit for purpose also reported after 2 weeks. gear box had issues going in 2 certain gears after 2 weeks reported issue. Car was removed from road after 2 weeks use and not been driven 1 year on.

 

car service book had been altered by trader a claim by garage to show new fitted engine and various other work done that by phone they say was not.

 

trader is advertising himself has independent but the truth was he is ltd.

 

please tell me if you think I have genuine claim

Link to post
Share on other sites

Regrettably if you don't attend court hearings 99% of the time they go against you. He won't have given the judge the full story.

 

I think the strongest part of your claim is the allegation that the car did not match the description given. This means you have to prove two things on a balance of probabilities: (1) what description you were given by the trader and (2) that the engine/turbo did not match said description.

 

You could have an alternative claim on the grounds of not fit for purpose, this is arguable but I always think it is quite difficult to prove not FFP or not satisfactory quality over second hand cars if you had a chance to inspect them beforehand.

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

Link to post
Share on other sites

just to had when trying to get trader to comply to sorting he refused has he states garage done him over and were refusing to honour is warranty with them. after responding to 1st letter he bragged I could go to trading standards they take year and you have not got a car, but made offer of repair but only if I phone him and not by email. I emailed he never responded, trading standards attended he offered repair but never contacted me I made contacted he did collect car under agreement he returned car in 2 weeks and had a mot done by same garage doing the work to prove it fit for purpose. after 2 weeks I had heard nothing from him I contacted him again to be told and threatened his going to start giving out hidings has garage refused to mot has car is not fit to do so, but he kindly offered another garage who would pop 1 on no problem at all. He also refused to bring car up to advert standards.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...