Truro road car sales - owner refuses Warranty repair

[Peter james]

I bought a car awhile back, paid some cash and some bank transfer, got a receipt from the car trader in cornwall (truro road car sales) 

The car was advertised with 3months warranty wise gold cover on the advert.

 

2 weeks having the car, it lost all sound from radio sat nav parking sensors (Peugeot 308sw on a 14plate) 

i took it back, the car was looked at by the mechanic and he advised the trader it needs to go to Peugeot to be fixed might need whole new unit or updates  

 

The trader refuses, he tried to get a mate to fix it on the cheap still not working.

I contacted Peugeot they want it on their diagnostic machine £200 to start off.

 

I contacted citizens advice, I've been in contact with them for the last few months.

After their advice each time I sent  3 letters plus a warning letter about going to court letter, he has ignored every letter.

Each letter recorded delivery 

 

I would just like to know my chances of winning before I pay the courts And continue with it.

 

Thanks 

 

[BankFodder]

Your chances of winning are excellent – but it is always a question of enforcing. Is it possible to enforce a judgement? Are they are well established garage with assets or are they the sort of business that could disappear and then reappear in the same place with a different name?

You said that you bought the car a while back. Maybe you could give us dates please.

Also, the warranty means nothing. You have your statutory rights under the consumer rights act. You should never ever rely on a warranty.

Also, we what we have to say about people who buy any items and pay by bank transfer

[BankFodder]

Also, please could you provide a link to their website or some Google reference to them please.

[Peter james]

Thank you Bank Fodder for the reply.

I paid 9000 for the car, he wouldn't drop anymore as he said it gets 3month warranty from warranty wise plus 12months mot and full service on purchase.

 

He hasn't got a website, he and his partner advertise on Facebook marketplace or from there forecourt, but his garage is Truro road car sales,truro road  scorrier, it is on a forecourt of the texaco petrol station.

He has been there 2years .but he has changed business names (only know this now by research and asking around)

He always has cars in stock around 30 cars ranging from £1500-£30000.

I have now found a group on Facebook 

Called scorrier garage rogue trader, last comments over the last year are all him.

Sounds like quite a few people are having issues with him now.

 

I bought the car on 13th of August, I went back 2weeks later with the issue starting, plus he still had my service book which he never stamped after a service, car came with fsh, it took me 6weeks to get the book back stamped. Car has been looked at twice on both occasions he was told it needs main dealer, these are buy trustworthy mechanics, 

I been to his site 9 times between August and lockdown in November plus lots of phonecalls 

 

He started lying to me saying peugeot can't look at it at the moment due to backlog, then lockdown happened again, and he said he isn't working as trading standards would shut  him Down

problem i have is I wasn't in the  mood for a fight/argument  at the time  due to a serious health scare I was battling and having ongoing tests At the time.

But I kept ringing him thou but he never answered or rang back. Last phonecal December he told me, he would kill himself if peugeot did it with there prices.

So I have been dealing with citizens advice since December, now he has received final letter referring to court, which he has ignored again.

Citizens advice have now said go to court but it isn't for a fix of the problem it is now full refund of the car minus mileage I've used.

As they said he has ignored all letters about a repair 

 

I'm just asking could I win to get  full money back, or go for repair if I can.

 

Thank you for all the help 

 

 

 

 

 

 

 

[BankFodder]

I asked you if you could post up links for him – and you haven't done that. It really would help if you would post those links. Facebook links, anything.

Also a list of previous names and any reviews et cetera. At least it would help to protect others and also it will give us a better idea of what we are dealing with here.

Although it's a bit late now, you should click the ticker banner which runs across the top of this forum and read our used car buying guide and also what we have to say about dealers who insist that their customers pay by bank transfer or pay by cash.
I'm afraid that you have really been taken for a ride and although if you see them at their trading address, I'm sure you will win – as I've already suggested, enforcing the judgement is a very different matter.

People often don't realise that suing somebody – and then getting paid once they have won, are two very different things. You can certainly get a judgement and on the fact that you have given us, it is slamdunk.
However then trying to get the money can be very difficult. You can instruct bailiffs that then when they arrive they will find that the name has been changed your it is a different company or there are no assets – or in fact the dealership has moved to somewhere else completely different.

Although it can be satisfying to get a judgement, if it doesn't actually produce any money at the end then it's rather a wasted effort.

We need to know much more about this dealership – including the individuals behind it.

Also, you are dealing with Citizens Advice. I'm afraid that the best you can say about them is that they are well-intentioned. They're very decent but when it comes to aggressive and assertive action against these kind of rogues, they are very useful.
For instance, they have suggested that you should begin a legal action – that is certainly a possibility – but as you have seen here, enforcing your judgement can be very difficult and if you don't research the possibilities of enforcing before you begin the action, you could find that you have spent money for nothing.
I expect that citizens advice haven't told you anything about this.

[honeybee13]

Currently showing at that address is Bradleys Motors Ltd which seems to be family run. I'm not clear if they're connected with the seller we're talking about here.

 

https://www.yell.com/biz/bradley-s-motors-ltd-redruth-3775381/

[BankFodder]

I think the OP is going to have to do some research to find out who is who and where they are.

I wonder how far away from the Truro dealer the OP lives. Could this be another person who's bought a used car, pay by bank transfer – and who lives far away? This is a pretty typical scenario

[Peter james]

11 hours ago, BankFodder said:

Please check back tomorrow for a fuller 

 

Hi thank you for your response, I live 4miles away from the garage here is a Facebook link I have found since I purchased the car.

I have tried looking for website but no joy,his wife advertises cars on marketplace.

 

https://www.facebook.com/groups/132518457096596/permalink/1155758678105897/

 

 

He is called John anker, his business was Alfie's motors beforehand his wife Joanne Seymour 

 

I am now hearing from the petrol station, that he is getting other recorded delivery letters and angry customers.

 

 

[BankFodder]

Is this the place?

https://www.google.com/maps/@50.2504412,-5.2033519,3a,29.7y,309.63h,85.06t/data=!3m7!1e1!3m5!1sZSSkzTdICCv6Qitp4Umy2A!2e0!6shttps:%2F%2Fstreetviewpixels-pa.googleapis.com%2Fv1%2Fthumbnail%3Fpanoid%3DZSSkzTdICCv6Qitp4Umy2A%26cb_client%3Dmaps_sv.tactile.gps%26w%3D203%26h%3D100%26yaw%3D222.41313%26pitch%3D0%26thumbfov%3D100!7i16384!8i8192

 

Do we have a list of the various names?

 

 

[honeybee13]

Historical, I know, but someone on Facebook posted this. John at Alfie's Motors.

 

[BankFodder]

The most recent post on the Facebook group is about a year ago.

Anyway, back to your particular problem.

What exactly do you want to sue them for? – Meaning how much value and in respect of what?

[Peter james]

Yes that is the car garage in your link, his name is John anker, 

Yes the link i posted the last comment was last summer I think, issue people have by not publishing stuff on him , he has no website or Facebook page, plus he changes names,and his wife deals with his online stuff.

 

I would like to sue them so they repair fix the car with the fault, he won't get it fixed properly or looked at properly he is worried it will cost 1500 plus, citizens advice have told me, if goes to court I need to go for a full refund and not just the fix, I no I'm definitely not going to get a refund. I would just like the car repaired 

 

Thanks 

 

 

[Peter james]

22 minutes ago, honeybee13 said:

Historical, I know, but someone on Facebook posted this. John at Alfie's Motors.

 

That was his other name before truro road car sales, he sells cars on diffrent receipt names 

[honeybee13]

So where do Bradleys fit in? Are they a separate garage next to the Texaco station?

 

HB

[Peter james]

12 hours ago, honeybee13 said:

So where do Bradleys fit in? Are they a separate garage next to the Texaco station?

 

HB

Bradley's are 2mile from me, strange how they use same postcode as truro road car sales.

They are Not near each other 

[BankFodder]

Yes, that is a very interesting coincidence. I'm curious to see what else you can turn up

[honeybee13]

9 hours ago, Peter james said:

Bradley's are 2mile from me, strange how they use same postcode as truro road car sales.

They are Not near each other 

 

Obviously I don't know the area like you do, but if you look online, a number of websites show Bradleys address as Scorrier Filling Station, so it isn't just the postcode that's the same. That's why I was wondering if the site is large enough to have two used car sales places.

 

HB

[BankFodder]

Have we figure out how much you want to sue the dealer for here? I get the impression that the car is still working but it has some thoughts relating to the sound system/warning system.

I think we need to know exactly what you are after here

[Peter james]

40 minutes ago, honeybee13 said:

 

Obviously I don't know the area like you do, but if you look online, a number of websites show Bradleys address as Scorrier Filling Station, so it isn't just the postcode that's the same. That's why I was wondering if the site is large enough to have two used car sales places.

 

HB

 Hi HB 

I was told recently that jon (truro road car sales) sells car's that he gets from  a garage in hayle, he buys them as they are, im guessing that he is meant to fix them if any issues ,then he  sells them on for more money.

Bradleys car sales  is st earth service station 

Which is near hayle, now is  this is a coincidence. They use scorrier postcode aswell, there used to be a mot testing centre trucks etc at the scorrier garage but that went years ago, not sure if that was called bradleys.

 

 

 

[BankFodder]

Thanks for this – but can we get back to the central issue – what is wrong with the car and how much they get because to fix it?

You could sue for a complete refund but that is going to cost you far too much given the risk of enforcement.

[Peter james]

31 minutes ago, BankFodder said:

Have we figure out how much you want to sue the dealer for here? I get the impression that the car is still working but it has some thoughts relating to the sound system/warning system.

I think we need to know exactly what you are after here

Hi Bankfodder

Yes it has a multimedia fault, the car drives fine no warning lights on unless they removed fuses or done resets , im not trusting him at all now.

I would just like the car dealer to pay and get the car fixed by peugeot which he has been advised to do.or at least by a very good car electrician.

Peugeot told me  £200 diagnostic machine then up to £1500 if new unit needed, general issue up to £400 inc diagnostic charge.

 

This is what I would like to know, as citizens advice weren't clear they just said need to now go for full refund.

 

Do I need to put a sum down say  eg £1000 for repairs.

Or can I just take him to small claims court to fix the problem like he should plus some compensation for inconvenience he has caused.

 

Thanks PJ 

 

 

[BankFodder]

First of all I think you need to base all assumptions on the fact that you're not going to get any money out of them.
This may seem extremely pessimistic – but from what we see going on here, it's likely to be a pretty realistic assessment.

This doesn't mean that you should stop – but it means that you should think strategically.

I agree that you should certainly be suing for a full refund – but on the basis that you won't be able to enforce the judgement, you will find that you have spent several hundreds of pounds bringing a court action which may go on for several months, get a judgement – which will be a victory – but then unable to enforce the judgement so that the victory will be meaningless to you and you will simply be further out of pocket.

Although citizens advice have told you that you should get a refund – they haven't explained to you all of the risks. They haven't understood the kind of dodgy dealers that you seem to be dealing with so by and large, their advice is simply leading you to the possibility of more danger – more money thrown at the problem without any benefit.

It seems to me that at this point if you want to proceed then we should try to minimise the amount of money you are trying to claim so that you could bring a test case and see what happened.

The rules for enforcement are that if you have a judgement for less than £600 then you can put in the County Court bailiffs. I'm afraid these people have very few powers and are like pussycats.

On the other hand, if you can obtain a judgement for just over £600, you can then have the judgement enforced by using High Court Enforcement Officers. These people have teeth and they generally speaking go about a no-nonsense enforcement.
This is not to say that they will succeed in enforcing the judgement but they have the best chance. Furthermore, if they come back to you and say that the business wasn't there or it didn't have any assets or in fact they are trading under a different name – all kinds of things that happen when a business really doesn't want to be held responsible for its wrongdoings – then at least you will be minimally out of pocket and you can be certain that it's really not worth continuing to bring any actions for any larger sums such as a refund. It won't be worth risking any more money.

So what I'm wondering is whether you can get an estimate for repairing the problem which would come to something over £600. If you then wanted to take legal action on that basis, we would help you but of course you will incur the claim fee – and if they defend then you would incur a hearing fee. I suppose that your risk factor would be about £120. Substantially less than the several hundreds of pounds that you would be obliged to put up if you try to sue for the refund.

Once you got the judgement, then you would have to have it transferred for High Court enforcement and this would cost you a further £66.

I'm afraid I'm convinced that you won't get any of this money back but you may consider that it is worth a punt and of course we will support you.

You will also become a hero amongst all the other victims of this dealership