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rthomp4786

Crown Direct Motors//EMC//Chobham Central Garage, etc

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Hi all,

 

I have had an ongoing case open with TMO since Feb 2018 against EMC. Decision was made in my favour in Feb 2019, but I am yet to receive any of the refund. 

 

I have just followed this up for the 1,000,000th + time with TMO and am now finding out that they are struggling to get the company to comply (not surprised!).

 

Has anyone had any luck either receiving refund or getting in contact with the owner?

 

TMO have removed them from their list of accredited dealers and reported them to Trading Standards and looking into what extent they are still trading, but I'm hoping to get names/contacts for anyone affiliated.

 

I gather the owner of the parent company - Crown Motor Direct is Nadjeem Kahloufi - has anyone managed to contact him successfully?

 

I also gather they are still trading as Chobham Central Garage - has anyone had contact with them recently?

 

Citizens Advice recommended I go through small claims now, which I'm reluctant to do as decision already made in my favour. Issue seems to be more in holding someone accountable.

 

Any help/advice/details even if seem minor are greatly appreciated!

 

If anyone wants to get in touch to discuss compiling details/evidence, etc feel free to email me at

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When you say TMO, I suppose that you are referring to The Motoring Ombudsman. I don't know very much about them and I don't know whether their decisions can be enforced directly in the County Court. I will have a look.

Meanwhile, please can you tell us the whole story of what has happened and the value of this problem.

Even with small claims – you can win but you can still have difficulty enforcing the judgement and that could well be the case here.

Do they have a premises? Do they have vehicles there? I'm asking this question is because I'm trying to find out if they have assets against which a judgement could be enforced – and I mean assets which wouldn't simply disappear


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Yes, The Motor Ombudsman. To be honest, I don't know a huge amount about how exactly they operate. It was just the route I was recommended. I've been in touch with one of their board of directors to get more answers about my case, and it was exactly what I'd feared, so am trying to investigate as much as possible myself to find out exactly who can be held financially accountable to either provide them with those details and/or know who to take to court.

 

Whole story is quite long, but essentially I purchased the vehicle back in January 2018. Within a week faults became apparent - faults that they knew about but said it was just a 'dash light malfunction' and it would be fixed before they handed it over.

 

Took it back to them to fix once I realised I couldn't drive it in that condition. They had it for a week or two despite calling me a couple times to say it was ready to pick up. Finally got it back and had the same gearbox issues but even worse. Took the car to another garage who estimated damages to be £2500+, so took the car back and requested refund. That kicked off the whole process and of course they denied refund saying I should go through their 'warranty program', which wouldn't cover it all anyways. 

 

I then took it to TMO, who then decided I needed to get another opinion so we went straight to a VW specialist as the car was VW - they estimated min £3000. Resubmitted that to TMO and it's been ongoing. 

 

Received a final decision on 01 Feb 2019 in my favour granting full refund, but I have had no contact or update since then, despite attempting to call and email numerous times.

 

I've brought my case to the attention of two MPs, however imagine they are extremely busy at the moment given the current climate.

 

I have then called Citizen's Advice to find out what further steps I can take, and they've recommended small claims court.

 

I wanted to get all the information from TMO first before I consider/start going down this route so I've reached out via LinkedIn to some of the board of directors for TMO which has been successful and I've actually received an update, although it's what I feared and expected. That said, he assured me they would be meeting about it today to investigate further who can be held accountable/whether they're still trading, etc. I can't trust a speedy investigation given it's been 28 months already so I'm now trying to look into it to find more information.

 

I gather the parent and registered company is under Crown Motors Direct Limited, which might be owned by Ahmed Al-Waheeb and/or Nadjeem Kheloufi. They do still look to be actively trading locally under Chobham Central Garage. I've been in touch enquiring about a car and asked for Nadjeem, who they said I must mean 'Nathan'. 

 

On companycheck it reckons the below, this is the company linked to director Ahmed Al-Waheeb. Not sure how reliable that information is.

 

Another interesting link is https://beta.companieshouse.gov.uk/company/09967993/filing-history - confirmation statement was made on 31 Jan 2020, and 17 Jan director Ahmed changed his DOB and address.

image.png.52e322a7babb60ea26b2e615a16c985b.png

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Thank you. You haven't told us the value of the car.

Also, who did you actually bite from – meaning which company or trading name did you pay the money to – what name appears on the receipt. Also, how did you pay?

This has been going on for over two years and I am rather surprised that you've allowed it to go on so long.

You probably will have to issue a claim – that it's probably only worth doing if you know that you can enforce the judgement. Have you checked the trust registry for other judgements against this company?

https://www.trustonline.org.uk/

unfortunately it costs money to access the database – but I'll bet you that there are a stack of judgements against the company – and it would be interesting to know how many of them are ever enforced.

Have you looked on Google and have you looked on trust pilot to see what is being said there?

As far as I can see if, the TMO doesn't have any particular powers which means that if they find in your favour and the trader doesn't comply, then you have to bring a full claim and start again. With the financial ombudsman service, there is a fairly direct route to getting a judgement – although of course there is still always the problem of enforcement.

I'm quite sure that a court would pay regard to the decision of the TMO and so I'm sure that your chances of success will be much better than 95% – and as I am sure that you have paid more than £600 for this vehicle, you would be able to transfer up to the High Court for enforcement by High Court Enforcement Officers – take a very rigourous approach to enforcement and whose fees are very high – typically £2000 – but to be paid by the defendant if the HCEO execute a successful enforcement. If they are unsuccessful then the cost to you is only about £66.

 

Will be very happy to help you with your claim and it would be fairly straightforward – but you will have to consider the risk factors which include your claim fee – a hearing fee (unlikely to happen) cost of transfer up to HCEO and the general hassle of doing it all with probably a fairly real chance of being unable to enforce the judgement.

I don't know how much the claim fee will be because you haven't told us the value of the vehicle. In exceptional circumstances you can claim litigant in person costs at £19 per hour (I think). These are generally only available in the face of unreasonable behaviour by the defendant – and this may well be an example where the court would apply its discretion in your favour.

So if you decide to bring a legal action then you should start trying to work out how much time you have spent on the whole thing – and make sure it is all moderate unjustifiable and not simply a money grab.


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Thank you, and apologies that car was £3300 and purchased from EMC Unit 8 Swift Lane Bagshot.

 

I've done a lot of investigating and have found some leads, but as you say if TMO are unable to enforce, and only way is possibly going via HCEO after another long and drawn out process, it all seems to be in vain.

 

The reason it's taken this long is because TMO have lagged and I was so reluctant to take to court and invest more money, without seeing what TMO could do first. I definitely regret not trying to take it into my own hands more, but the whole process I've felt helpless.

 

My only viable option now seems to be just to sell the car for whatever parts still function.. to whatever extent.

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TMO don't have any enforcement ability as far as I know. All they can do is communicate a decision and then they have to hope that the subscriber abide by the rules – and clearly this particular subscriber doesn't. I think it shows how toothless TMO is.
Thank you for telling us the value of the vehicle.

You bought the vehicle from EMC – which presumably no longer trades from the address – but who is the owner of EMC? Did EMC ever have a website? Because they don't appear to be a limited liability company – unless you have different details and your paperwork, it means that if you can discover the owner of them – either the individual or the company behind that trading name, you could think about suing them – once again if you can discover if they have any assets.

What is the value of the vehicle in its present condition?
 


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I notice that in this post, the OP said that their receipt was from EMC/Chobham

 

 


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By the way, I think it will be very good idea to send an SAR to the MTO. I suggest you do immediately. It might get you some copies of correspondence which will tell you more about who owns EMC


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19 hours ago, BankFodder said:

I notice that in this post, the OP said that their receipt was from EMC/Chobham

 

 

My receipt actually says 'Eden Motor Company', but all correspondence with them regarding my claim is from 'EMC Car Sales'

17 hours ago, BankFodder said:

By the way, I think it will be very good idea to send an SAR to the MTO. I suggest you do immediately. It might get you some copies of correspondence which will tell you more about who owns EMC

Ok - what is an SAR? And do you mean to TMO?

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Follow the SAR link – and yes I mean TMO.

 

Sorry I've been dyslexic snic brith


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Hi, I have a spreadsheet I have created on the people who appear to be involved in this group of men. The multiple company names, addresses, directors, reviews. Have you joined our Facebook group? 

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2 minutes ago, BlueJean said:

Hi, I have a spreadsheet I have created on the people who appear to be involved in this group of men. The multiple company names, addresses, directors, reviews. Have you joined our Facebook group? 

 

Please do post a link to the Facebook group. It might be helpful to people


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Also I was told that because they are not a member of the MBO the MBO can't do anything. I bought car August last year on invoices it said they were a member and also Emc/Chobham as you quoted my op. When we brought up the MBO after we had issues they sent us email saying they aren't a member.

So it looks like they had been false advertising. I also have email from Mikael telling us that  EMC are no longer a part of Crown motor Direct. Which is hilarious because in my claim against them Mikael is the correspondence and his argument is that EMC are and were never affiliated with CMD

 

 

https://www.facebook.com/groups/133249464788808/

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