Astral Motor Company Ltd - Mark Warren Forshaw - Default Judgment now set a side application.

[Webbo87]

Hi, I will try keep this as brief as possible. We recently purchased a used car, after 1 day engine management lights came on and the car went into limp mode. We rang the dealer, car was taken back to them for their garage to look at, we were told DPF filter needed cleaning.

 

Picked the car up and on the drive home exactly the same error codes appeared and limp mode again. It went back into the garage this time they told us there was a pipe leak, this was replaced and they eventually found the turbo also needed replacing. We allowed them to do these works and in the meantime personally paid for a hire car so that we could go on holiday.

 

We were then told the works were complete and to pick the car up, a week after having the car another engine light came up, low oil pressure. This was the last straw and we insisted we were entitled to a refund, they stated their garage needs to find a fault and currently can’t so are refusing a refund. I have exercised me rights to reject the car within 30 days as it’s not fit for purpose and they still don’t feel they should refund me.

 

My question is what’s my likely hood of winning a small courts case against the garage? I have in writing the rejection of the car stating we are entitled to a refund and have a full timeline of events that I can present.

 

Any advice would be greatly appreciated.

[BankFodder]

Please will you tell us the name of the dealer and also can you not post your story in solid blocks of text. We need it properly punctuated and spaced because otherwise it discourages people from helping you

 

it would be helpful if you would tell your story in a bullet pointed chronology giving dates and also so the value of your losses

[Webbo87]

Could you explain why giving the name of the dealer would be any use?

Happy to edit my post later today with chronology giving dates.

[BankFodder]

Knowing the name of the dealer will help us to understand the logistical problem about taking the claim and enforcing the judgement – if that becomes necessary. Also if the dealer sees that they are being talked about on the Internet, it will help to focus them on your problem and also it will help to pose as a warning to other people who might find themselves in the same position as you.

We don't practice secret squirrel or skulduggery here. We are straight dealing and as long as you are straight dealing then there shouldn't be any problem. Please let us know the name of the dealer

[Webbo87]

The name of the company is Astral Motor Company Ltd, based down in Gillingham, Kent.

 

Thank you for your responses so far.

[BankFodder]

https://www.google.com/search?q=astral+motor+company+ltd&oq=Astral+Motor+Company+Ltd&aqs=chrome.0.0j46j0.440j0j7&sourceid=chrome&ie=UTF-8#lrd=0x47d8d31673d00001:0xe67bbbc9ca17937f,1,,,

[Webbo87]

Here is my timeline of events.

Monday 17^th August

Collected the vehicle from Astral Motors and transferred money over. Whilst driving home a warning light SCBS inspection required and TPMS inspection required appeared and the car started to make a shudder, had no power in the acceleration and went into limp mode. It was gone 5pm and knew nobody was at the garage to answer.

 

Tuesday 18^th August

I took the car the next day, at first no error lights appeared however driving after around 20 minutes both the original warning lights appeared again and the car lost power. We rang Astral Motors Ltd and arranged to take the vehicle back to the garage on Wednesday 19^th August.

 

Wednesday 19^th August

We drove the vehicle back to Astral Motors so they could get their garage to look at the faults. We handed the vehicle and keys over to Steven. Steven phoned Chris to say he reckons the issue was caused when the battery was changed prior to us purchasing the car and causing things to reset. He confirmed the garage were going to take it out again tomorrow to see if the warnings reappear and that he will then have to do a handover with Mark as Steven was on annual leave for the rest of the week.

 

Thursday 20^th August

Mark phoned Chris to confirm the garage had looked at the car and the mechanics think it is an airflow sensor issue. He offered we collect it to take it for a test drive ourselves. Picked the vehicle up, less than 15 minutes into the journey the warning lights appeared so we drove back to the garage to hand back to Mark. Because the engine had then been switched off again Mark was unable to see the warning lights but took it for a short drive with Chris but the journey wasn’t long enough for the warnings to appear. We arranged that Mark would take the vehicle home that night to give the car a long drive and check for warning lights.

 

Friday 21^st August

Mark phoned Chris to confirm on his journey home last night both warnings appeared and also the car had no power in the acceleration. He has taken it to the garage for the mechanics to look and they believe it something with the air flow filter, a part would need to be ordered and wouldn’t arrive until Monday. We spoke with Mark and as we were then going away on holiday on Monday 24^th August they would keep the vehicle and fix it.

 

Wednesday 26^th August

Chris rang the dealer to ask if the repair had been done and successful. Steven said the garage had now discovered a fault with the turbo and a replacement had been ordered for delivery that week. We had not been given a courtesy call to let us know the new issue found, they had assumed we would go ahead with that repair. Being on holiday we let them continue the works.

 

Monday 31^st August

Chris rang the dealer again to find out what was happening, we were told it was a big job and that the garage only had one senior mechanic helped by apprentices. We were told it would be ready later in the week.

 

Wednesday 2^nd September

Spoke the dealer again for an update and was told the car is still not ready. We verbally gave the dealer until Friday to have the car fixed otherwise, we would be asking for a refund.

 

Thursday 3rd September

Steven rang to tell us the work was done the garage and was told the car was ready. He told us an oil and filter change had also been done, this should have been completed when originally purchased the car as part of the offer.

 

Friday 4th September

We collected the car at 5:45pm and was told by Steven all sorted no problem.

 

Friday 11^th September

Whilst driving the car another error message appeared, Low oil pressure engine damage possible check oil level. We rang the dealer immediately and told them of this message. Another error message of Scheduled maintenance due appeared. We also mentioned a knocking sound had developed. Mark agreed to come and collect the car with a truck as he didn’t want us driving it.

 

Saturday 12^th September

Mark collected the car on the truck around 11am. When told him we do not want a repair on this car and will be requesting a refund we are entitled to. He answered “yes ok, Steven will call you Monday morning”

 

Sunday 13^th September

We sent the following letter via WhatsApp as there was no email address on the company webiste. The letter we sent was:

 

Quote

 

Dear Astral Motor Company Ltd, I'm writing to you about the Mazda Cx-5 (2013) [reg no removed - HB] I bought from you for £8990 on Monday August 17 2020.

The vehicle has had persistent faults which has not been satisfactorily repaired despite numerous claims by yourselves. The Consumer Rights Act 2015 makes it an implied term of the contract I have with Astral Motor Company Ltd that goods be as described, fit for purpose and of satisfactory quality.

 

As you are in breach of contract and I've owned the vehicle for less than 6 years, I am within my statutory rights to ask for a refund at no further cost to me, this was also made clear with Mark when the car was collected from us for inspection.

 

My bank details for refund are as follows:

Name: C ****** Account Number: *******

Sort Code: *******

 

When you come to collect the Kia courtesy car and the refund has been received, I will then hand ownership to you along with log book and other paperwork. I look forward to hearing from you as a matter of urgency, in the unfortunate event we cannot resolve this between us two parties I will be instructing my solicitor to take further action.

 

Yours sincerely,

 

Chris Webster

 

 

Monday 14^th September

No call from Steven or Mark, and had begun ignoring our calls all day with both mine and my partners numbers unable get through all day. We both left voicemails, eventually we found an office number which Steven answered and explained they were waiting on the to receive a part so they could test oil pressure. We said we didn’t want a fix and had explained to Mark we have requested a refund, Steven acknowledged that they had received our letter regarding the refund and would speak with Mark about it and let us know.

 

Tuesday 15^th September

Again, no call from Steven, I left two voicemails one on the company mobile and one on the office phone. Steven rang me back at 5 to explain the garage couldn’t find any faults, however they did admit they heard a knocking noise when it was driven. I insisted we still wanted a refund as we proved an error message was there with pictures. He said he would speak with Mark right away and give me a call back. Steven rang saying he couldn’t get hold of Mark and would call me in the morning.

 

Wednesday 16^th September

We had no call from Steven in the morning so made our way down to the dealer to discuss in person. We arrived around 10am and spoke with Steven for around an hour arguing our case and our right to a refund as we are within 30 days, he insisted they didn’t need to give a refund and could keep trying to repair the car. We asked to speak with Mark, and waiting at the dealership for him to arrive. We explained to him it was within our rights to reject the car and we would like a refund, he said there was no case for a refund as the car has no issues. We explained we would be taking this further, requested an email address to send our correspondence too and sent the following letter.

 

Quote

 

Dear Astral Motor Company Limited,

After seeking legal advice, I am writing to notify you that will are utilising our automatic right to reject the vehicle within 30 days which we purchased on 17th August 2020. This entitles us to a full refund.

 

The vehicle has numerous faults which we have acted reasonably allowing the chance for repair, however the goods are still not satisfactory.

We understand we have 14 days for you to respond, in the event that this is not resolved our solicitor will be in contact and we will pursue with legal proceedings.

 

Regards,

Chris Webster

 

 

We have had no correspondence from them since.

[BankFodder]

So I understand that you paid £8990 for a vehicle which very quickly turned out to be faulty. You have given them several opportunities to carry out repairs and they haven't managed to sort it out.

You wrote them within 30 days asking for a refund and you had no response. Subsequently you wrote another letter repeating your request for a refund and threatening solicitors and you had no response.

At some point you have incurred additional losses – including the cost of a hire car because you had to go on holiday. How much was this? Have you suffered any other associated losses?

I see that your initial correspondence to WhatsApp. Sorry to say that this is ridiculous. For this kind of money you should be writing letters. I have no idea why you should consider that because there is no email address you then have to resort to a social media app. You should take this more seriously and send recorded delivery letters. Your second letter was probably sent by email – although that's not clear from what you say.

How far of these dealers away from you?
You didn't pay by credit card use a debit card – you seem to have pay by bank transfer. This is correct? Why did you do this?

I understand that the car is now with the garage. What are you doing for transport now?
 

[Webbo87]

Thanks for your response. I am taking this case very seriously, WhatsApp is a recognised form of communications for file sharing, I used this format as time was running out and we needed to get correspondence to them.

 

The dealer is around 30-40 minute drive away from us.

 

I don’t own a credit card, I have always purchased through debit card, my thoughts have always been if I don’t have the money don’t purchase anything.

 

The hire car we paid for was £380 for the week. Other costs have included loss of earnings, costs for travel back and forth to the garage, however I am not seeking to get those back, my issue is with the car.

 

We have a second family car currently so me and my partner are currently making do. 
 

Yes the second letter was sent via email as we had asked them for a contact address when we saw them face to face.

 

Do you think I have a case for a claim?

[BankFodder]

WhatsApp may be a recognised form of communications for file sharing – but when you are getting into a dispute of this kind of value then it is ridiculous and I think that you need a culture change.

Did you pay for this on a debit card? Or by bank transfer.

I think you have an excellent case for a claim. You say that you're not looking for the rest of your losses – but you should be.

If you are prepared to bring a County Court claim then we will help you. It's very straightforward and the important thing from your point of view is to keep it to a figure of less than £10,000 in order to stay on the small claims track. The small claims track means that even if you lose, your maximum exposure to costs will simply be the cost of your claim and any hearing fee. You will have to look at the court services website to see what current fee rates are for this level of claim.

You may as well include all of your expenses to bring it up to the value of something short of £10,000. It won't affect the fee level at this rate.

Please will you itemise actual losses. We will then be able to see what is recoverable and what is definitely not. I have a sense that loss of earnings may not be recoverable – but let's have a look and you can explain also why you lost those earnings.

The only problem with bringing a claim against any used car dealership is the problem of enforcement. Is this a stable well established garage? Or is this a company which could Phoenix itself – dissolve itself and then reappear in a completely different name. Are there assets at the premises?

 

[BankFodder]

Quote

ASTRAL MOTOR COMPANY LTD
11215324

Created: 18 September 2020 07:35:12

Companies House does not verify the accuracy of the information filed

Overview

• Registered office address: 20-22 Wenlock Road, London, England, N1 7GU
• Company type: Private limited company
• Incorporated on: 20 February 2018
• Status: Active

Key filing dates

• Accounting reference date: 28 February
• Last accounts made up to: 28 February 2019
• Next accounts due: 28 February 2021
• Last confirmation statement date: 19 February 2020
• Next confirmation statement due: 2 April 2021

Nature of business (SIC)

• 45112 Sale of used cars and light motor vehicles

People

Officers:
1 officers / 0 resignations

• Director FORSHAW, Mark ACTIVE
• Nationality: British
• Appointed: 20 February 2018
• Date of birth: May 1956
• Correspondence address: 20-22, Wenlock Road, London, England, N1 7GU
• Country/State of Residence: United Kingdom
• Occupation: Sales8gbr5605271m2201270

---

Persons with significant control:

1 active person with significant control / 0 active statements

• Mr Mark Forshaw ACTIVE
• Correspondence address: 20-22, Wenlock Road, London, England, N1 7GU
• Notified on: 20 February 2018
• Date of birth: May 1956
• Nationality: British
• Country of residence: United Kingdom

Nature of control:

• Ownership of shares – 75% or more

---

Recent Filing History

Recent Filing History

Date	Form	Description
4 Mar 2020	CS01	Confirmation statement made on 19 February 2020 with updates
23 Jan 2020	AA	Micro company accounts made up to 28 February 2019
12 Mar 2019	CS01	Confirmation statement made on 19 February 2019 with updates
20 Feb 2018	NEWINC	Incorporation Statement of capital on 2018-02-20 GBP 1 MODEL ARTICLES model-articles-adopted

 

[Webbo87]

We paid via online bank transfer. I should also note we part exchanged our Ford Fiesta for £4000. Paid a deposit of £100 and final payment of £4980. This totals the value to £8990.

 

We hired a car from Enterprise between Saturday 22nd August and Tuesday 1st September at a cost of £389.10.

 

I should add the dealer offered us a 59 reg Kia Picanto courtesy car, we declined as a family of 4 with 2 young children, it would have been impossible to load everything required for a weeks holiday in the UK. We had bought an SUV and were not offered any kind of equivalent.

 

The only loss I can think of is this hire car cost. Loss of earning I agree could not be covered and I wouldn’t look to get these back. As I said my issue is the faulty car that’s all we want resolved.

 

As you have seen with the company lookup they have been trading since 2018, the company director Mark Forshaw this has been his only business owned by himself. They do have assets both cash in bank and in terms of assets of cars on the forecourt, the have around 50 cars in stock.

 

The cost to dissolve the company and startup again for the sake of £9000 to me doesn't seem logical for them. 

[BankFodder]

Good. The assets and stability sounds fine – although we've been dealing with a used car company recently who, when the enforcement agents visited, claimed that all of the assets in the showroom belongs to another company. Enforcement agents left empty-handed. You may read about this company and the daily mail before too long.

I suggest:

 

Quote

 

Dear Sir/Mdm

 

Letter of claim

 

As you know on XXX date you sold me a vehicle registration number XXX for £XXX including the part exchange value of my Ford Fiesta.

The vehicle has developed a series of faults and although you have attempted repairs on several occasions, your repairs have not succeeded and in fact the vehicle is currently with you.

 

On XXX date I wrote to you by means of WhatsApp putting your notice that I wanted a refund pursuant to my rights under the Consumer Rights Act. You have not responded. I sent you a further message by email on XXX date confirming that I wanted a refund and that I was terminating the contract and you have not responded.

In addition to the loss incurred in respect of the defective vehicle which you have sold to me, I was obliged that short notice to rent a vehicle for a prearranged family holiday. The rental fee was £389.10

I expect you to reimburse me my £8990 plus rental fee £389.10 within 14 days failing which I shall begin a claim in the County Court to recover this money plus interest plus costs and without any further notice.

Yours faithfully

 

 

[BankFodder]

By the way, if you had paid with a credit card then you would have been protected to a great extent under the consumer credit act. If you had paid by your debit card then you could have involved your bank in a chargeback application.

Only send a letter of claim if you intend to go ahead with your threat. Don't bluff. You lose credibility. Stick to your deadline.

Give them 14 days. At the end of the 14 days issue the claim.

Spend a few hours looking around this website in order to understand the steps bringing a small claim in the County Court. It's not difficult but it's worth knowing what you have to do next at every step of the way because this will increase your confidence.

Once you see your letter of claim, register on the MoneyClaim website – which is the County Court services website and start drafting your claim. I suggest that you draft a particular's claim – but let us see it before you click it off. It doesn't have to be stuffy or use any particular formal set of words. You're not a lawyer. You're a litigant in person and all you need to do is state the facts as quickly and as minimally as possible without spouting a load of evidence or narrative.

[Webbo87]

Thanks, do you suggest I should send this letter recorded delivery or would an email suffice? I am even happy to do both. If I send via a letter should I let 14 days lapse from the day they have received it or when I send it? I could even take it down myself and hand deliver it. Did you mean once I have sent my letter of claim, then register on the MoneyClaim website?

 

This is certainly no bluff and I am taking this as far as it needs to go to get my money back.

 

Appreciate all the help so far, fantastic service.

[BankFodder]

Email is sufficient – but for the avoidance of doubt, confirm it with a written recorded delivery letter. I suggest that you let the 14 days run from the day after you send the email.

You could also take a copy down there and hand it to them – because they may take it a bit more seriously if you face them out – but of course don't get into any conflict.

Yes, in the intervening 14 days, make sure you understand the steps of taking County Court claim – in fact it would be better to do that this weekend and then send the letter of claim on Monday. Register on MoneyClaim online this weekend, for instance – and then over the next few days prepare your claim.

Make sure that the claim is correctly addressed. You can save your work as you go. Put together a brief particulars of claim and post it here so that we can have a look. Be ready to click it all off on day 15.

On the MoneyClaim website you will be asked to tick a box if you want to send a more detailed particulars of claim separately. Don't bother. Your particulars of claim will be extremely brief and you won't need any more space.

If you wanted, you could go to the registry trust website https://www.trustonline.org.uk/ and check whether there are any existing judgements against this company and if any of them are outstanding – not enforced.

There will be a fee for that. It's not a necessary step – but you may feel that it is prudent to check.

When you eventually get a judgement – and our recommendation is that because it is more than £600, that you transfer it up immediately for enforcement by High Court enforcement officers. That will cost you £66 but that also will be recoverable on enforcement.

Once again, don't forget that you should make your own judgement about bringing this case. On the basis of what you have told us, the chances of success are much better than 95% – that there is always a little risk – and the risk is yours.
The main problem with bringing actions against second-hand car dealers generally speaking tends to be one of enforcement.

 

[BankFodder]

This is probably all you need. Check that it is correct and you agree with it. If you want to make amendments then let us know. Don't forget that you will be signing this is a statement of truth
 

Quote

The claimant purchased a vehicle registration number XXX from the defendant motor dealer for £XX Xtotal  which included part exchange of the claimants vehicle at a value of £XXX.
Within a day the vehicle exhibited serious defects and despite several attempts at repairs by the defendant, it continued to exhibit defects. The claimant rejected the vehicle under the Consumer Rights Act.
The defendant refused to refund the purchase price. The claimant was without a vehicle and was obliged to hire a car to go on a prearranged family holiday at a cost of £XXX. The car is currently in the possession of the defendants
The claimant seeks damages of the purchase price plus hire charges reasonably incurred plus interest pursuant to section 69 County Courts act 1984, plus costs.

 

 

[Webbo87]

This is the email/letter I will send on Monday, please let me know if there is anything I should amend.

 

Quote

 

Dear Astral Motor Company Ltd

 

Letter of claim

 

As you know on 17^th August 2020 you sold me a vehicle registration number HY13 WYO for £8990 including the part exchange value of my Ford Fiesta.

The vehicle has developed a series of faults and although you have attempted repairs on several occasions, your repairs have not succeeded and in fact the vehicle is currently with you.

 

On 13^TH September 2020 I wrote to you by means of WhatsApp putting your notice that I wanted a refund pursuant to my rights under the Consumer Rights Act. You have not responded. I sent you a further message by email on 16^th September 2020 confirming that I wanted a refund and that I was terminating the contract and you have not responded.

In addition to the loss incurred in respect of the defective vehicle which you have sold to me, I was obliged that short notice to rent a vehicle for a prearranged family holiday. The rental fee was £389.10.

I expect you to reimburse me my £8990 plus rental fee £389.10 within 14 days failing which I shall begin a claim in the County Court to recover this money plus interest plus costs and without any further notice.

Yours faithfully,

 

Name

Number

Email

 

 

I will take your advice and read up everything you have recommended before sending.

[Webbo87]

I have checked on the  https://www.trustonline.org.uk/ link you sent and they have the following attached currently against them.

 

Report-202009633007.pdf

[BankFodder]

Well I wonder why it wasn't enforced. It is certainly the kind of figure that refers to a second-hand car. I don't think that there is a way of finding out who the claimant is. Because the judgement was granted by the County Court online, that suggests that it was never transferred to a local court which indicates that it was a default judgement – never defended.

I wonder if there are any judgements issued against them at their registered address at N1 in London.

I see that it wasn't issued against them as a limited company

[Webbo87]

I am currently putting my claim together on the Money Claim website, if I tick the box:

 

Do you want to reserve the right to claim interest under the County Court Act? If yes please select 'yes' and complete the following fields. If you wish to claim interest under any other act or agreement please select 'no' and enter the full details of your interest agreement in the box below.

 

What dates and information should I enter in the attached screenshot boxes?

Is it the date I sent the original car rejection letter through?

Is the date issuing the claim the date 14 days after sending the Letter of Claim. 

I have calculated the daily rate of interest using the guide.

Thanks.

Quote

 

 

[BankFodder]

It's the date that the money became due to you - in other words the date when they should have refunded the money to you by  law - the date that you served notice of rejection.

 

You need to make sure that the total value of your claim falls short of £10,000 to be certain of remaining on the small claims track

[Webbo87]

Hi, I am now in a position to open up the small claims case as I have had no correspondence from Astral Motors since sending both the email and letter. The letter was received as it was signed by Steven Stringer the manager. Below is the particulars of claim I will be submitting:

 

The claimant purchased a vehicle registration
number HY13 WYO from the defendant motor
dealer for £8990 total which included part
exchange of the claimants vehicle at a value
of £4000. Within a day the vehicle exhibited
serious defects and despite several attempts
at repairs by the defendant, it continued to
exhibit defects. The claimant rejected the
vehicle under the Consumer Rights Act. The
defendant refused to refund the purchase
price. The claimant was without a vehicle and
was obliged to hire a car to go on a
prearranged holiday at a cost of £389.10. The
car is currently in the possession of the
defendants. The claimant seeks damages of the
purchase price plus hire charges reasonably
incurred.
The claimant claims interest under section 69
of the County Courts Act 1984 at the rate of
8% a year from 16/09/2020 to 12/10/2020 on
£9,379.10 and also interest at the same
rate up to the date of judgment or earlier
payment at a daily rate of £2.06.

 

Please can you confirm the statement is correct as per your advise earlier in the thread.

 

Thanks in advance for your help.

[Webbo87]

Just an update, the claim was issued on 06/10/2020 and so far had no correspondence back from Astral Motors.

 

The letter we have received states we can request judgement from the 25/10/2020 if we do not receive a response from them.

 

If we get no response does that automatically mean I have won the case?

[BankFodder]

It means you apply the judgement and then judgement will be granted once it is processed. However, even if they miss the deadline, if they put in a response before your judgement application is dealt with and granted then their response will take priority over your application.

 

 

Don't get too excited though they have 14 days to file an acknowledgement – and if they do that then they have a further 14 days to file a defence