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AUTOSAVE Blackpool used car court action taken.


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Hi new to forum

 

to cut a long story short

 

we purchased a used car PX our own car for it plus cash.

 

Four days after collection of car it broke down

 

they collected car and gave us a replacement vehicle.

 

Kept the car for two weeks returned it

guess what

within four days had broken down again same problem ecu fault which a back street garage had no chance of sorting out.

 

After the car had broke down the first time we had sent the basic rejection letter but

 

AUTOSAVE Blackpool refused refund saying we had to give them a chance to fix car.

 

We duelly gave them a second chance but did not agree with it as i new they wouldn't be able to fix it as it was a main dealer job

low and behold it broke down for second time.

 

We had to have the car recovered to their garage as they promised to recover it

but then wouldn't answer our call turned there phone line onto answer machine.

 

Where we our at now,

court action taken small claims no response from them to the court action have instructed court to use bailiff to recover dept.

 

I am just wondering why they our acting like this

 

ignoring us yes but ignoring the court

 

do they think they will get away with this

 

i'm in the motor trade my self be it the motorcycle trade

 

in my eight years of selling motorcycles

 

iv had one vehicle returned i gave refund to guy there and then

 

why do some used car dealer think they our above the law.:frusty:

 

Any advice please as my girl friend is worried over the outcome these guys don't seem to mind collecting enemies.

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I suppose that the debt is greater than £600 so for a situation like this, you would be better off instructing high court enforcement. Look around on the internet and find a service which won't charge you any fees - but instead will take the money from the defendant.

 

Make sure that it is clear that it is a fee-free service - even in the event that the execution of the warrant fails.

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Thanx for advice

 

the dept was £3700 but with court action and other fees its now £4250

 

will try and leave a comment on there facebook page

 

they really don't seem bothered we have instructed the court to collect the dept

 

is there anyway Autosave can stop them collecting it from there car pitch office they don't have a showroom.

 

I thought that when they ignored the first action of the court ie a county court judgment

 

the rest was straight forward by ignoring the court you our in a sense guilty i may be wrong.:noidea:

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Unfortunately just because you have a Judgment against them is no guarantee you get paid. For the sum of money concerned then transfer to the High Court for enforcement is the way to go. There Officers have more clout than the County Court Bailiff. Transfer Up fee is £60, the only other fees you will be liable for is if they cannot enforce it - again think it is £60 - but any self respecting firm should tell you this.

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We has just paid £100 for a request for a warrant of control from the county court office think Blackpool court our going to enforce it within the next two weeks why do they let you pay the higher amount with from what i'm hearing they have no clout to enforce it and collect dept.

 

Is the case if i new that i could transfer for £60 to the high court of which i was not aware this is getting more complicated so basically the county court won't be able to collect dept with there bailiff seems crazy why do they encourage you to take the next step with them when they can't collect.

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Any more advice would be welcome iv but feedback on there facebook page had a so called loyal customer of theirs saying he has bought 5 cars from them with no problem i have replied to him asking if he is related to owners he has not replied bear in mind these guys our old men not the mitchel brothers i will say again they don't seem to mind collecting enemies if they think they can just keep the car we px a 55 plate renault grand scenic plus £2200 cash they must be on drugs i don't want anyone else to have to go through what they have put us through.

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We have tried to follow the law to a te have first contacted trading standards who gave us a case number then contacted the bank as deposit was paid by debit card bank refused to help Santander trading standards not much use keep asking is it fair ware and tear on car.

 

Have filed the a county court judgment no response from standard letter to Autosave rejecting car as iv said they stopped answering there land line really low down business by the way it was my girls car she was phoning them not me i only phoned them when they turned answer machine on all the time to tell them we would have the car recovered and taken to there forecourt.

 

They have not responded to county court so we have paid to have a bailiff from the court to collect whats owed,we have just instructed the bailiff the court said it will act within the next 2 weeks that's were we our at if id have known that the county court bailiff didn't have full power to collect dept i wouldn't have bothered and would have transfered to high court as iv been advised why do the county courts advertise this bailiff service knowing that they can't collect.

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  • 3 weeks later...

Just to update bailiff called on Autosave Blackpool last thursday to collect dept guess what they told bailiff they don't owe any money and will contest the court action.This by the way is the same guy who didn't respond to the court letters of the impending action suddenly he decides to sit up when the bailiffs arrive.My girlfriend has rang the court to find this information out as they our very slow at updating you over your case.The lady in the court has now said a judge will look at the case and maybe get the dealer and us to attend court.The bailiff has told Autosave that he will return depending on the judges findings.

 

I owed income tax about 12 years ago about £1800 i can tell you the way the taxman deals with you is much more ruthless than the way the county court seems to handle things.I a slowly loosing my patients with the two partners in crime at Autosave Blackpool but at the moment my hands our tied by my girlfriend i'l bide my time but i will get some sort of justice or satisfaction.

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Just to update bailiff called on Autosave Blackpool last thursday to collect dept guess what they told bailiff they don't owe any money and will contest the court action.This by the way is the same guy who didn't respond to the court letters of the impending action suddenly he decides to sit up when the bailiffs arrive.My girlfriend has rang the court to find this information out as they our very slow at updating you over your case.The lady in the court has now said a judge will look at the case and maybe get the dealer and us to attend court.The bailiff has told Autosave that he will return depending on the judges findings.

 

I owed income tax about 12 years ago about £1800 i can tell you the way the taxman deals with you is much more ruthless than the way the county court seems to handle things.I a slowly loosing my patients with the two partners in crime at Autosave Blackpool but at the moment my hands our tied by my girlfriend i'l bide my time but i will get some sort of justice or satisfaction.

 

Why ask for advice & then not take it?

 

You were advised to instruct HCEO's.

 

If you have a valid CCJ over the company and a writ of fi fa to pass it up to the High Court and HCEO's : you wouldn't be faffing around with County Court Bailiffs, (who they can dodge more easily than HCEO's)

 

Ask yourself : if you had used HCEO's, and the firm had had company stock on their forecourt : do you think they'd have left without making a levy?

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The advice when given late on was too too late we had already instructed the county court bailiff they have 60 odd cars on the forecourt i think one of the owners is an ex jail bird so that's why he don't seem to take any notice of court action. We will have to wait for the court decision before we start to instruct HCEO's would seem they want to get us together in court to unfold the story guess the two owners will act like lying school boys and the judge will see right throught them by the way they have sold the car we px and the car we bought which we returned to them is uninsured so they must still have it had major ecu fault being a chrysler would have cost the earth to have fixed the car was a lemon and they new that when they sold it to us.

 

Will update forum with any new progress can't believe this sort of arther daley goings on still happens thought it stopped 25 years ago the law seems to be an ass over used car sales.

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A friend i no has suggested i find out were the owner lives send him a letter to his home saying can we discuss the matter over tea and biscuits the outcome was favourable as he got a cheque off car dealer by return post a solicitors saying not to contact him again any thoughts on this.

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A friend i no has suggested i find out were the owner lives send him a letter to his home saying can we discuss the matter over tea and biscuits the outcome was favourable as he got a cheque off car dealer by return post a solicitors saying not to contact him again any thoughts on this.

 

Definitely not a good idea in my view.

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A friend i no has suggested i find out were the owner lives send him a letter to his home saying can we discuss the matter over tea and biscuits the outcome was favourable as he got a cheque off car dealer by return post a solicitors saying not to contact him again any thoughts on this.

 

You have a CCJ? : why prejudice your position by potentially unlawful action?

You aren't willing to escalate it to HCEO's from the county court, but you are considering actions that might be viewed as demanding money with menaces ? What planet are you on??

 

The advice when given late on was too too late we had already instructed the county court bailiff they have 60 odd cars on the forecourt i think one of the owners is an ex jail bird so that's why he don't seem to take any notice of court action. We will have to wait for the court decision before we start to instruct HCEO's would seem they want to get us together in court to unfold the story guess the two owners will act like lying school boys and the judge will see right throught them by the way they have sold the car we px and the car we bought which we returned to them is uninsured so they must still have it had major ecu fault being a chrysler would have cost the earth to have fixed the car was a lemon and they new that when they sold it to us.

 

Will update forum with any new progress can't believe this sort of arther daley goings on still happens thought it stopped 25 years ago the law seems to be an ass over used car sales.

 

Do you have a CCJ or not?

If you don't why was the county court bailiff visiting?

If you have a CCJ : the court has ruled. Get the HCEO's in before they apply for a set aside.

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As things don't seem to clear as a layman yes we have ccj the county court bailiff went to collect Autosave Blackpool told bailiff they didn't owe dept the court seem to be guiding us on what ever route they want i am a layman so sound information will be taken on board if i can get the HCEO to go and collect i will don't want to sound daft but how do we get that in place seems all the documents our with court in norhthampton although the bailiff was from Blackpool county court.

 

As i said the above advice i was given worked for a friend ie tea and biscuits plan not for me my feet our firm on this planet at the moment.

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At present it would be pointless engaging a HCEO, chances are they will possibly be applying for Set Aside to delay matters & you could be faced with a phoenix company afterwards. There are a good range of questions answered about HCEOs through http://thesheriffsoffice.com/faqs/category/obtaining-a-judgment & http://thesheriffsoffice.com/faqs/category/enforcing-a-judgment . Of course there is nothing stopping you ringing and asking your own questions.

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  • 1 month later...

As people on here said case has been set aside we our in court mid sept Autosave our saying nothing is wrong with car even thought it broke down twice basically saying we buy cars and find faults and try to extort money from car dealers. My question is will this wash with the judge my girlfriend who purchased the car is an accounts clerk for a multi million pound company the idea she try's to [problem] used car dealers makes me laugh she had her last car for 5 years. Autosave say the car has been in a local garage who say the car is fine plus a main dealer in both cases no paperwork is forth coming as we asked in the past for proof of dealer inspection but he refused. They sold the car we px to them after a couple of weeks.

 

How long will it take the high court bailiff to collect after court case by the way thanx for advice about trying to shame Autosave on google and facebook the owner is not happy over this has spat his dummy out will update mid sept.

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As people on here said case has been set aside we our in court mid sept Autosave our saying nothing is wrong with car even thought it broke down twice basically saying we buy cars and find faults and try to extort money from car dealers. My question is will this wash with the judge my girlfriend who purchased the car is an accounts clerk for a multi million pound company the idea she try's to **** used car dealers makes me laugh she had her last car for 5 years. Autosave say the car has been in a local garage who say the car is fine plus a main dealer in both cases no paperwork is forth coming as we asked in the past for proof of dealer inspection but he refused. They sold the car we px to them after a couple of weeks.

 

How long will it take the high court bailiff to collect after court case by the way thanx for advice about trying to shame Autosave on google and facebook the owner is not happy over this has spat his dummy out will update mid sept.

 

"high court bailiff"?? : If the set aside fails: are you planning on using the county court bailiffs (who haven't collected once already), or the HCEO's - who are enforcement officers rather than bailiffs.

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Will be using the HCEO'S think Autosave still have the car we purchased from them as its not showing up on the insurance database but the car we px again'ts it is showing as insured so to me it has been sold on maybe i'm wrong.By the way if you look on Yell Yelp and google, feedbacks have been left by other past customers basically they have tried it on the same way with them, will the court take past feedback i'e telling customers to take us to court and ignoring basic trading rules.

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Court is a more frightening word than Boo, probably 99.9% threaten and never go through with it so it gives traders like this the confidence to say 'take us to court' knowing it will probably never happen and usually don't.

 

 

Civil courts aren't like criminal courts, judges with silly wigs and a gavel shouting 'silence in court' and juries and lawyers. they are usually a room with a nice dining table where you all sit around and make your points.

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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 :D

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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