Autoland Car Sale/Oldbury Cars Ltd - sold me a Pup Audi - refusing to accept short term right to return

[BankFodder]

£455 is correct for a claim of the value you are looking for.

I'm not sure what the hearing fee is about the whole thing won't come to thousands – although it will be quite a good bit of cash.

As my site team colleague above has said, once you get the judgement then you should transfer it up to the High Court. You will get High Court enforcement officers to attempt the enforcement. You can organise that through one of their websites but make sure that what they are offering you is a free collection service – to you. In other words if they succeed then they will charge fees to the judgement debtor. If they don't succeed then it won't cost you anything other than the transfer up fee which is about £60.

County court bailiffs anyway are pretty toothless but HCEO are very serious enforcers.

You are certainly correct to think that there is a big question mark over whether a judgement debt can be enforced at all. But I'm afraid that your only way of making any headway on this is to fork out for the hearing fee because otherwise it's £455 thrown away completely.

As my site team colleague above has said, Cagger @steve 1 is in a totally different position. Although he seems to want to keep it secret for some reason or other, we can gather at least that he has paid (some) by credit card and therefore he should simply be claiming off the credit card issuer. It doesn't matter that the dealer is not responding. That is their problem.

Also, we have no idea what he knows because he is not sharing on this forum and he has solicitors involved and I can only imagine that they are involved because he has some legal insurance – although he is likely to find that the solicitors are not all they are cracked up to be.

It's a complete mystery why @steve 1 makes these rather enigmatic posts and won't simply join in and help you and help all the other people who are victims of this company.

It is because of that kind of attitude that this kind of car dealing company gets away with it again and again and again. Even while this thread is running, I can imagine that there have been more victims who will lose their money and won't stand any chance of getting it back.
The only way to deal with these people is open and transparent information sharing.

I suggest that you don't particularly judge your case and your situation by the what is happening with somebody else who story you don't know, who has paid in a totally different way and is apparently using solicitors.

Your chance to win this case are pretty well 100%. Chances of a successful enforcement are rather less certain and of course if we had better information on this forum it could increase the chances but it doesn't look as if he is prepared to share it here.

[DG319]

Ok thank you.

 

One thing I just thought of is what happens to the car when all this is done? It's still on my drive, I'm under the impression I can't use it so haven't used it since 17th May other than to take it for a little drive around my estate so it doesn't cease up and storage of my double pram, although have noticed it's gaining more faults also.

[BankFodder]

I'm not sure why we had forgotten to deal with these important questions.

The whole thing is going to be very difficult for you I'm afraid.

Firstly, while the car is in your possession it is your responsibility to keep it insured and also to make sure that it doesn't suffer any undue damage. Technically speaking this would include your little drives in the car. If you had an accident then they would be a dispute as to who was responsible and unfortunately it probably would be you.

When there is a judgement in your favour – as they surely will be – you will still be left with the difficulty of enforcing the judgement. You shouldn't be too optimistic about this. I have a sense that this may be one of those companies that is able to avoid enforcement.

If the enforcement can go ahead then the dealers should also be given an opportunity to collect the car although you should only let it go once you have been paid. If you do succeed in being paid, then let us know and we will help you through.

If it becomes impossible to enforce judgement then I'm afraid that you will be left with the vehicle and you had probably at least start imagining plans for it in the event that you have to keep it. This would include getting it repaired so that you can use it – or else try to sell it on for the best price you can get.

I'm not sure what else to say until we know whether or not you can enforce the judgement

[DG319]

In what case would the judgment not be enforced? 

 

What's the whole point in having the consumer act and the court claims if in fact its not guaranteed and they can still ignore the court and get away with not paying back the money collecting the car and carry on selling dodgy and unsafe vehicles. 

 

Really starting to regret the court and bothering with trying to get my money back. I've been the doctors because of the stress and depression it's all caused me and the strain it's put on me and my kids lives. Not forgetting the waste of money that we 99% likely hood of not getting back so can't afford another vehicle for years as I can't go back to work due to childcare and this car it self will need thousands spent on it just to get it back to being safe.

 

Sorry just ranting and it's really getting to me now.

[BankFodder]

Yes, I understand very much what you are saying.

The consumer legislation provides you with the rights. Our excellent small claims process provides you with the means of asserting your rights and getting a judgement – but unfortunately enforcement can be difficult.

Rogue car dealers are expert at avoiding enforcement by changing their company, or saying that their assets belong to someone else or that you have sued the wrong name or at the wrong address et cetera.

I'm afraid that you really have fallen into the hands of a difficult company. You never know, it might be perfectly all right and the enforcement might go ahead – but I am trying to be as realistic as possible.

If you search the  forum you will find lots of cases where people are completely in the right, have received judgements and yet are unable to enforce them.

People go on about informing trading standards but you should understand that trading standards are pretty well useless and don't help individuals.

I'm afraid that your only chance is to try and continue with the action and to hope that you can enforce.

It would have been useful if the other contributor to this thread had shared his knowledge – but for some reason or other he prefers to play secret squirrel.

The only reason that he will get his money back is that he paid by credit card. He will get his money back eventually from the credit card company

 

[steve 1]

AUTO LAND CARS LTD

Company number 12440184

Registered office address

12-20 Birmingham Road, Oldbury, England, B69 4ED

Company status Active

Company type Private limited Company

LATIF, Siamand Hamawandy

Correspondence address

99 Princess Road, Oldbury, West Midlands, United Kingdom, B68 9PW

Role ACTIVE Director

Date of birth February 1988

Appointed on 4 February 2020

Nationality British

Country of residence United Kingdom

Occupation Sole Proprietor

 

Receipts have the name AUTOLAND CARS SALE

Companies house have the name Auto land CARS LTD

MR Siamand Hamawandy Director sole proprietor

they are a private limited company, company number 12440184

correspondence address 99 princess Road, Oldbury, west midlands, united kingdom,B68 9PW

on Facebook they call themselves Oldbury cars 14 Birmingham Road Oldbury B69 4ED

paper work printed of motors.co.uk with name Oldbury cars ltd,

how many names do they have and for what reason

 

[DG319]

Well today I have requested for the CCJ as they have not responded to the court claim.

I have spoken to a local baliff company yesterday to see what my reality looks like of getting my money back and it seems that as Steve has said above because they have so many different names it would look highly unlikely to get any money back as on the technicality that BankFodder said above I have put my claim against the wrong company name. Despite the reciept saying the name I have used.

[steve 1]

Court claims can be amended solicitors have ways to address technicalities you might be better of speaking to High court enforcement officers than a local bailiff company

 

DG319 Please look at the receipt you were given in detail and make sure the details are accurate they are very devious example they put the incorrect mileage down and then claim you have driven the car so many miles just 1 example of what this so called garage does  

[DG319]

Waiting on the CCJ now. 

 

If I decide to keep the car (don't have much choice really) I'm still legally entitled for them to repair it. But how would I go about doing this when they refuse to communicate or point blank refused to accept the car back anyway.

 

There's quite a lot wrong with it.

 

Front and Rear brakes but the caliper is also leaking - Rear jet washer doesn't work - it has electric adjustable wing mirrors which don't work - rear left level sensor needs replacing - stop start doesn't work - it wouldn't even start the other day and it has an oil leak I've got oil all over my drive. All of this is since the day I brought it, I do have on my "receipt" 6months engine and gearbox warranty.

[dx100uk]

On 03/07/2023 at 09:34, dx100uk said:

High Court HCEO's dont have a limit, use them. cross courts.

only county court bailiffs have a limit...

and the bailiff add their fees charged you to the sum you are after from the defendant. so you get everything back if you win.

as i said above.

the sheriffs office are good.

look them up they'll do everything for you once you have judgement.

dx

[DG319]

So my judgement finally came through today.

 

When filling out the form on the sheriffs office website (they look amazing by the way thank you) do I give them the owners correspondance address that is associated with companies house as an alternative address and give authority to attend there as well? 

[dx100uk]

no harm in trying but you cant give authority to serve there, just tell them.

im unsure if they can do anything against an address not on the claimform.

they are very good, let them deal.

dx

[DG319]

Upon searching for information about the company to fill the form in I just found there other trading name on companies house.

 

OLDBURY CARS LTD people - Find and update company information - GOV.UK

FIND-AND-UPDATE.COMPANY-INFORMATION.SERVICE.GOV.UK

---

OLDBURY CARS LTD - Free company information from Companies House including registered office address, filing...

 

[dx100uk]

eh? thats been in your thread title since day one

lots of reminders about this too... wriggle wriggle.

dx

 

[DG319]

After waiting a while I had this sent to me last night from the sheriffs office and I have absolutely no idea where I stand now they have done this

 

2023-10-09 The Sheriffs Office update.pdf

[honeybee13]

Hi.

I've had to hide your post because  you left your name on the pdf. Please redact that and repost.

HB

[DG319]

He's also applying for the company to be dissolved

companies_house_document.pdf

59 minutes ago, honeybee13 said:

Hi.

I've had to hide your post because  you left your name on the pdf. Please redact that and repost.

HB

I don't know how to do that

[BankFodder]

Quote

I would certainly put in an objection to the dissolution on the grounds of the judgement and the fact that they have begun the dissolution proceedings after the judgement and clearly it is an attempt to escape enforcement

[honeybee13]

I see that the director, Siamand Hamawandy LATIF, has set up another company very recently. It seems to be nothing to do with selling cars, on the face of it.

Siamand Hamawandy LATIF personal appointments - Find and update company information - GOV.UK

FIND-AND-UPDATE.COMPANY-INFORMATION.SERVICE.GOV.UK

---

Free company information from Companies House including registered office address, filing history, accounts, annual return, officers, charges, business...

HB

 

[DG319]

Thank you.

 

I have put an objection in with companies house, says it may take upto 2weeks for them to get back to me hopefully sooner. I will let Sheriffs Office know of this.

 

Could I then tell Sheriffs Office of this new company and maybe go for the owner of Auto land cars and his new company?

 

It's amazing how companies get away with stuff like this

[dx100uk]

sadly no.

your judgement can only be enforced against your named defendant.

dx

[DG319]

Objection hasn't being successful because of the name differences. So I'm now stuck on what I can and can't do as Sheriffs Office are awaiting further instructions but the company is being struck off so there's nothing that can be done

[dx100uk]

'being' stuck off , does not mean 'has', so company assets still exist that can be seized and sold to meet your debt??

so where are those assets??
 

[DG319]

Not sure, as he has no business on the site now either as they have handed over the lease of land to another company

[DG319]

Can't proceed because of the name differences. So they won because they are registered with one name but trade under 2. Ridiculous