Second hand car purchase nightmare - small claims advice

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Fuzzyness
Fuzzyness Posts: 635 Forumite
in Motoring
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.
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  • m0bov
    m0bov Posts: 2,524 Forumite
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    You can escalate to high court and instruct an enforcement officer.
  • shaun_from_Africa
    shaun_from_Africa Posts: 12,858 Forumite
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    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
    Fuzzyness Posts: 635 Forumite
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    paid with a debit card. explored that option first with our bank but no joy, hence escalating to the small claims court.
  • Fuzzyness
    Fuzzyness Posts: 635 Forumite
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    m0bov wrote: »
    You can escalate to high court and instruct an enforcement officer.

    is that something i can do through the small claims process or is that a different area completely? thanks in advance
  • patman99
    patman99 Posts: 8,532 Forumite
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    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 - £13.74/ £1000 (that's 1.374%)

    3-6 month EF £0/£3600 (that's 0 days worth)

  • shaun_from_Africa
    shaun_from_Africa Posts: 12,858 Forumite
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    patman99 wrote: »
    I am surprised the Bank did nothing. Maybe you need to try a section 75 reclaim again.
    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
    bigadaj Posts: 11,531 Forumite
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    Fuzzyness wrote: »
    is that something i can do through the small claims process or is that a different area completely? thanks in advance

    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
    patman99 Posts: 8,532 Forumite
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    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 - £13.74/ £1000 (that's 1.374%)

    3-6 month EF £0/£3600 (that's 0 days worth)

  • bigadaj
    bigadaj Posts: 11,531 Forumite
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    patman99 wrote: »
    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.

    No they don't. Only credit cards have section 75 cover, a visa debit card has no such facility.
  • Marktheshark
    Marktheshark Posts: 5,841 Forumite
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    Are the a LTD company, trader or trading name.
    Which did you sue.
    I do Contracts, all day every day.
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