Lost over £2000 buying dodgy engine, please help

Brooker_Dave

swfk wrote: »

thanks jimster,

They took the money out of my account via direct debit card details. I told the bank but they refused to do anything because there was permission to take the money as i gave them the details.

I already have the details for the company as i have requested for their latest returns to companies house. I will contact the bailiffs tommorow.

The company is a limited company. So does this mean i can't get the money from the director, but the most probable way of getting my money is from their bank directly.

I am planning on taking them to court over the money that was taken out of my bank account. If i get my money back, i will return the engine and i will request they refund me the money that was taken out of my bank account. If they don't then i will start court procedures again.

Because they're a LTD co the directors are immune from your bailiffs.

Be aware that the bailiffs may not be all that bothered about pursuing this any further.

Brooker_Dave

Deleted_User wrote: »

OP: You could issue a second claim in this case re: the money they've stolen from your account. But: how did they take money from your account?

Engines are sold on an exchange basis, ie the old one has to go back to be rebuilt.

OP would have entered into a contract which would have included a surcharge if the exchange unit was not returned.

hollydays

When you say they are unwilling to produce the recording of the telephone call,what exactly did they say on this subject?

You could speak to the Information Commissioner for advice.

dougk_2

hollydays wrote: »

When you say they are unwilling to produce the recording of the telephone call,what exactly did they say on this subject?

You could speak to the Information Commissioner for advice.

Be fair most companies especially small garages won't have equipment to record telephone conversations. When you phoned did you get played a message saying calls will be recorded?

The company have offered to repair / take a look at the engine. Its not their fault you live in Newcastle. You shouldn't have had the work done in Oldham if you were not prepared to be able to travel there should a problem occur.

Have you taken the car to a local garage for a second opnion?

If there was something wrong when you got the car back you should have returned straight away.

swfk

I brought the engine over the phone and it was sent to my local garage. They immediatley told me there was a funny noise coming from the engine. I rang the company up and they said run the engine in for a couple of weeks to see if the noise goes away.

They are not a small company, (international car spares). I asked them over the phone to see if there calls were recorded and they said they were. I wrote in requesting for a copy of the tape and the price it would incur as i was willing to pay for it. They responded by sending a copy of the invoice that was NOT sent to me and didnt mention anything about the tape.

I have had an independant vehicle examiner (who examines vehicles for insurance companies etc) look at the engine and he also confirmed there was something wrong, although he could not open it up as it would invalidate the warranty.

dougk - The company have offered to repair / take a look at the engine. Its not their fault you live in Newcastle. You shouldn't have had the work done in Oldham if you were not prepared to be able to travel there should a problem occur.

To be honest, there offer was a poor offer. As i brought an engine that should be fully reconditioned i expect, unsurprisingly, a FULLY reconditioned engine. I even gave them an option to send a mechanic up from oldham and check my engine out so they can confirm it was faulty, then get a tow truck and take it to oldham wher ethey can fix it. But they didn't. Instead they requested me to drive my car (im guessing they want it to breakdown and then deny the fault with the engine) or pay someone to take the engine out for me, while i foot the bill, so they can again deny it was their engine. Meanwhile i lose another 1k to take engine out and put a new one back in. I cant afford this.

I have spoken to oldham court again and they have said the company have made another request to set judgemet aside. I had to bring the courts attention that the company have to make an sworn affadavit, whch means this is being dragged out longer than it has to.

I think what they are planning to do is drag it on as long as possible. If they do not turn up again at the hearing, i am just going to try to get the money from their bank account via a garnishee order. This has dragged on for over 6 months now and its getting really annoying!

Brooker_Dave

swfk wrote: »

To be honest, there offer was a poor offer. As i brought an engine that should be fully reconditioned i expect, unsurprisingly, a FULLY reconditioned engine. I even gave them an option to send a mechanic up from oldham and check my engine out so they can confirm it was faulty, then get a tow truck and take it to oldham wher ethey can fix it. But they didn't. Instead they requested me to drive my car (im guessing they want it to breakdown and then deny the fault with the engine) or pay someone to take the engine out for me, while i foot the bill, so they can again deny it was their engine.

So they offered to sort it out, but you didn't play ball?

tomstickland

Why didn't you drive down to see them? That looked like a reasonable offer.

swfk

faulty engine... would you drive a few hundred miles risking your engine blowing up in the middle of the motorway?

Brooker_Dave

swfk wrote: »

faulty engine... would you drive a few hundred miles risking your engine blowing up in the middle of the motorway?

Lets have a recap.

You buy engine.

It gets sent to you.

You have someone fit it.

It's noisy.

You ring engine seller.

They say bring it over we'll sort it out, or send it back and we'll sort it out.

Instead of letting them sort it out you take them to court?

swfk

you may have your opinion if im doing the right/wrong thing. i dont really care.

If you actually read my original post, if you can be bothered, im looking for advice for when someone does not pay after a warrant has been issued against them.