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  • FIRST POST
    • Fuzzyness
    • By Fuzzyness 18th Oct 17, 5:53 AM
    • 618Posts
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    Fuzzyness
    Second hand car purchase nightmare - small claims advice
    • #1
    • 18th Oct 17, 5:53 AM
    Second hand car purchase nightmare - small claims advice 18th Oct 17 at 5:53 AM
    Hi all. Looking for some advice as having a nightmare following purchase if car from a garage.

    Bought a car back st beginning of April. Paid my money £3 grand and got car home. Within 20 miles an engine managemet light came on. Called the rac out who diagnosed the fault. Phoned garage is bought it off and arranged to take it back to be looked at.

    Picked it up a week later and the same thing happened. Called rac out again and the same fault was showing. Returned car back to garage and asked for it to be fixed.

    Picked car up two weeks later and the same thing happened.

    Decided to return car to garage and ask for my money baxk.

    No joy.

    Submitted claim on line in small claims in July. Garage didn't respond. Have subswuqbtly requested judgement but still nothing from the garage owner.

    Is the next step to issue a warrant? And ask bailiffs to do their business?

    It been nearly 5 months since returning the car and still no sign that I'll get my money back. Any help or suggestions.

    Sorry for the spelling as I'm on a mobile phone and the text is tiny.
Page 1
    • m0bov
    • By m0bov 18th Oct 17, 7:58 AM
    • 1,179 Posts
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    m0bov
    • #2
    • 18th Oct 17, 7:58 AM
    • #2
    • 18th Oct 17, 7:58 AM
    You can escalate to high court and instruct an enforcement officer.
    • shaun from Africa
    • By shaun from Africa 18th Oct 17, 10:07 AM
    • 9,686 Posts
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    shaun from Africa
    • #3
    • 18th Oct 17, 10:07 AM
    • #3
    • 18th Oct 17, 10:07 AM
    How did you pay for the car?
    Was any of the payment made on a credit card or a loan linked directly with the purchase?
    • Fuzzyness
    • By Fuzzyness 18th Oct 17, 10:27 AM
    • 618 Posts
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    Fuzzyness
    • #4
    • 18th Oct 17, 10:27 AM
    • #4
    • 18th Oct 17, 10:27 AM
    paid with a debit card. explored that option first with our bank but no joy, hence escalating to the small claims court.
    • Fuzzyness
    • By Fuzzyness 18th Oct 17, 10:27 AM
    • 618 Posts
    • 462 Thanks
    Fuzzyness
    • #5
    • 18th Oct 17, 10:27 AM
    • #5
    • 18th Oct 17, 10:27 AM
    You can escalate to high court and instruct an enforcement officer.
    Originally posted by m0bov
    is that something i can do through the small claims process or is that a different area completely? thanks in advance
    • patman99
    • By patman99 18th Oct 17, 8:54 PM
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    patman99
    • #6
    • 18th Oct 17, 8:54 PM
    • #6
    • 18th Oct 17, 8:54 PM
    I am surprised the Bank did nothing. Maybe you need to try a section 75 reclaim again.

    As for Court. Have you had then judgement yet?. You will need this to be able to proceed with further enforcement action.
    Never Knowingly Understood.

    Member #1 of £1,000 challenge - £759.94/ £1000 (that's 75.49%)

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    • shaun from Africa
    • By shaun from Africa 18th Oct 17, 10:24 PM
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    shaun from Africa
    • #7
    • 18th Oct 17, 10:24 PM
    • #7
    • 18th Oct 17, 10:24 PM
    I am surprised the Bank did nothing. Maybe you need to try a section 75 reclaim again.
    Originally posted by patman99
    The OP paid on a debit and not a credit card.
    The only way that a S75 claim might possibly work is if the purchase of the car took their bank account into an authorised overdraft and the FCO have stated that this may sometimes be classed as a credit related purchase.
    http://www.financial-ombudsman.org.uk/publications/ombudsman-news/46/46_plastic_cards.htm
    • bigadaj
    • By bigadaj 19th Oct 17, 5:50 AM
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    bigadaj
    • #8
    • 19th Oct 17, 5:50 AM
    • #8
    • 19th Oct 17, 5:50 AM
    is that something i can do through the small claims process or is that a different area completely? thanks in advance
    Originally posted by Fuzzyness
    You need to apply to have the judgement put to and confirmed by the high court. You can then appoint high court enforcement officers, effectively super bailiffs, to enforce the debt for you. There will be additional costs you have to pay upfront but if the officers successfully recover the debt then you'll get these charges refunded as they'll be included in the amount recovered from the debtor.
    • patman99
    • By patman99 19th Oct 17, 9:42 PM
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    patman99
    • #9
    • 19th Oct 17, 9:42 PM
    • #9
    • 19th Oct 17, 9:42 PM
    Shaun, it all depends on the card. VISA debit cards carry the same protection as a credit card. So a s75 claim has as much clout.
    Never Knowingly Understood.

    Member #1 of £1,000 challenge - £759.94/ £1000 (that's 75.49%)

    3-6 month EF £240.61/£3600 (that's 4 days worth)

    Do you/your spouse earn less than £197 p/w ?. Fill-in Form R85 and get your Bank interest Tax free.
    • bigadaj
    • By bigadaj 20th Oct 17, 9:05 PM
    • 10,781 Posts
    • 7,105 Thanks
    bigadaj
    Shaun, it all depends on the card. VISA debit cards carry the same protection as a credit card. So a s75 claim has as much clout.
    Originally posted by patman99
    No they don't. Only credit cards have section 75 cover, a visa debit card has no such facility.
    • Marktheshark
    • By Marktheshark 20th Oct 17, 9:09 PM
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    Marktheshark
    Are the a LTD company, trader or trading name.
    Which did you sue.
    Brexit will become whatever they invent it to be.
    • iolanthe07
    • By iolanthe07 21st Oct 17, 1:55 PM
    • 4,938 Posts
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    iolanthe07
    No they don't. Only credit cards have section 75 cover, a visa debit card has no such facility.

    This may be strictly true legally, but Visa do often entertain claims as if they were lodged under section 75. It is worth a try.
    I used to think that good grammar is important, but now I know that good wine is importanter.
    • Fuzzyness
    • By Fuzzyness 5th Jan 18, 1:37 PM
    • 618 Posts
    • 462 Thanks
    Fuzzyness
    Are the a LTD company, trader or trading name.
    Which did you sue.
    Originally posted by Marktheshark
    we issued the claim against the company name against which the money went which was a limited company.

    i suspect that the operarting garage where we bought the car is part of a group of companies. the limited bit, when we checked on companies house has little assets.

    anyway, since enforced judgement and issued a warrant of control against the owner, providing trading address and home address for the bailiffs to visit.

    fingers crossed.
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