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North West car sales Heywood - Rogue car dealer **WON-PAID IN FULL**


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Hello

I said I would return after my case and here I am.

It's been a very interesting day. I hope others will find it informative and helpful.

 

This was put into a Small Claims Court (They call it a track).

Small Claims Courts were devised so that claimants and defendants could manage their own affairs.

(Before someone corrects that please read the directives!)

 

It would not be expected that a solicitor would represent either party unless the court were notified.

Hence, I was very surprised when I was accosted by a solicitor just before my name was called for the

hearing. I had already noticed that the defendants were not present.

 

He indicated that he was there as an adviser to the defendants (who, remember, were not there)

I admonished him profoundly and indicated that I was not prepared to deal with him as I had

checked the week before to see if any solicitor had been assigned to the case (both at Salford

and at my local court.)

 

Sheepishly he asked if he could continue and wanted to see if we could avoid a court hearing

which was why he was there. I agreed to listen to him and discuss a possible road forward.

 

We investigated my extensive spreadsheet and he asked what I would be prepared to accept

in settlement. I suggested removing a few items I'd claimed and we decided on a figure.

 

He disappeared to "'phone" the defendants. He was away over 50 minutes and I noticed

that the defendants had now sneaked in to the waiting area unannounced - too late for the called

trial. This had obviously been a ploy to avoid a judgement in my favour. (Please note - he was from

Newcastle - 4o miles - and they had to travel from Manchester over the Pennines)

 

He returned with their offer which I rejected as it was too low and they wanted to take 4 months

to repay the amount.

 

I told him that under no circumstances would I accept any delay and I didn't accept their offer.

He disappeared for another 40 minutes and came back to say that I had been charged the wrong

amount by the court and would have to take this up with them

 

Obviously I rejected this and said that I wanted my stated payment within 7 days or.... very firmly...

we would go to the court hearing and let the judge decide.. He stuttered and left again to discuss with his clients.

 

He returned again and said that interest would only be small as the judge would not award the customary 8% owing

to the low bank rate. I rejected this and off he went again.

 

He returned to say they had agreed my figure but as a compromise they would pay the agreed sum weekly over

5 weeks. I accepted this provided it was done by bank transfer and punctiliously. The first to be tomorrow by 4 p.m.

I'll come back tomorrow and let you know.

 

I'm convinced that they were afraid to go to a court hearing as their evidence contained lies and they had a dubious business background which I had included in my bundle (Thanks to a contribution here which helped my research - see above)

 

We went to the judge who would confirm our agreement. She praised my documents.

 

What have I learned from this?

Personally - don't be annoyed and retaliate when called an OP (Old pensioner?) and being given advice you KNOW is wrong. This is an interesting blog where you can read many facets of self aggrandisement. I've been very ill and angry so I suppose that's a bit of an excuse when I've been rude. I had surgery for cancer on December 1st last year.

And you?

1. Stick by your guns and don't let the rude experts here ( there are some excellent ones of course)

bully you into doing something you know is wrong. They think they know but.....

e.g. the CRA icon states that the expected condition should be consummate for age/mileage.

I have the full act and this isn't mentioned any where.

2. Research the retailer's background - you might find a lot of mud as I did.

3. Make sure you keep a record of all your expenditure and claim it.

4. Download a copy of the C.R.A. and read it carefully. Don't accept the "experts" here

who think they know it. There are many of those who do of course.

5. Switch off the annoying communicants here as I did as suggested by amoderator - it stops you getting angry.

 

As far as buying a car is concerned:

1. If you can, have it checked over by an expert.

2. DON'T pay a deposit unless you are sure you are going to buy.

3. Don't trust the salesmen unless you have found several honest reviews.

Comments edited

4. Don't buy from someone with an outdoor compound and a dingy office.

5. Thoroughly check all the advertised claims especially service and MOT.

6. Don't rely on a glamorous website.

7. Make sure you are not dealing with a company and claim against individuals.

(two in my case - as advised here.)

8. Be very careful if you buy on EBay - I didn't by the way.

9. If you are returning a vehicle have it photographed and also include an illuminated dashboard

as I did and suggested here above - thanks.

 

Despite the negatives on this blog I have fully recovered my money. If they don't

pay by Banker's Order the court will haul them back.

 

Stand your ground and don't be bullied with legal waffle. It's their job to save the other

side money. Decide what you are owed and stick to it. A judge might not agree but you

certainly will feel happier about it.

 

Beware of court costs and delays. Keep your claim below £5000 if possible.

 

The car is back for sale on EBay - new company founded in November with a £1 share. Look it up - Lexus LS430. They now import jewellery and clothes from China!!

 

And a general note - if you wrote rudely here before then others might read but I've switched you off

as advised by a moderator. So don't bother sunnysuck - I won't read it.

 

I did as I said I would and I have won. Many thanks to all the very kind people who helped and

advised. It makes this site very worthwhile. It's a pity there are a few who pontificate without the necessary

knowledge or just assume they know.

 

Otherwise - Well done everybody who helped progressively and thank you!

 

Kind regards to all the kind, helpful, sensible here.

Edited by slick132
Unnecessary reference to race/religion
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well done as site team said CRA is your friend you were within 30days

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... 

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Hi Kingell

 

A big Well Done to you for sticking in there great news.

How to Upload Documents/Images on CAG - **INSTRUCTIONS CLICK HERE**

FORUM RULES - Please ensure to read these before posting **FORUM RULES CLICK HERE**

I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

Please Donate button to the Consumer Action Group

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Oh dear - I was joking about OP - I am an old pensioner - thought it was funny. Yes - OJB - I now have two of five payments. The judge was quite firm over this. All my costs, purchase price, return transport. I knew it was worth pursuing despite "advice" to the contrary. Kind regards and thanks to all those who actually helped. BTW they haven't sold the "wreck" yet.

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  • 1 month later...

All received. Purchase price and court costs in 5 payments. They tried to delay the last unsuccessfully as I threatened them. Thanks to everyone who helped. I've now bought a lovely Skoda Superb which matches its name from a sensible dealer in Leeds. Kind wishes to all.

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well done

 

dx

 

 

 

The Consumer Action Group needs help to cover its expenses.

You could help by making a money contribution to http://www.consumeractiongroup.co.uk/paypal.php?go=donate

 

or by downloading our toolbar and using it to search the web instead of your normal search engine:- http://consumeractiongroup.co.uk/cag_plugin.php

 

Please help.

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... 

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Share on other sites
All received. Purchase price and court costs in 5 payments. They tried to delay the last unsuccessfully as I threatened them. Thanks to everyone who helped. I've now bought a lovely Skoda Superb which matches its name from a sensible dealer in Leeds. Kind wishes to all.

 

Very sensible choice and will see you well!!

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  • 3 months later...

have you a copy of you letter before action please

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... 

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Share on other sites
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