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  • FIRST POST
    • atlantis187
    • By atlantis187 26th Mar 17, 12:53 AM
    • 1,030Posts
    • 382Thanks
    atlantis187
    Desperate for help guys
    • #1
    • 26th Mar 17, 12:53 AM
    Desperate for help guys 26th Mar 17 at 12:53 AM
    Sorry for the long post:
    If anyone could please give me some general advise or help I would be externally grateful.


    I bought this car on Friday from Norwich for 1850 paid in cash:


    http://www.ebay.co.uk/itm/112342053072?_trksid=p2060353.m1438.l2649&ssPageNa me=STRK%3AMEBIDX%3AIT


    This is a 130 mile trip one way from my house in Sheffield. When I took it for a short test drive everything seemed fine so did the deal and the guy also gave me 3 months warranty for it with a company called GEM warranty.


    On the way back to Sheffield the temperature light came on several time I stopped and topped the water up and let the engine cool down this happened several time on the journey back when I got back to Sheffield I took it straight to a local garage and the mechanic said the head gasket had gone and this would cost roughly 800/900.


    I rang the company back and they were closed by then. So I rang again this morning and spoke to a really arrogant guy who tried fobbing me off saying the car was fine when I took it and they are not responsible no more. I mentioned trading standards and eventually after arguing with him for about 20mins he said he cant give a refund but to bring the car back for their mechanic to inspect it and I have to drive it back or get it towed back to them at my expense.


    It is a really long journey from my house (130miles) and I don't want to risk driving the car back incase it konks out on the way but also at the same time I ain't got spare 250 to pay for a tow truck.


    Also I fear if I take the car back and their mechanic is not there on the day and they tell me to leave the car then the car could just be sat there for several week with nothing being done or if their dodgy mechanic does check it they will probably claim nothing is wrong with it.


    This is really stressing me out guys we have just had a new baby a couple of weeks ago and money is already extremely tight so what should I do?


    Thanks
Page 3
    • AndyMc.....
    • By AndyMc..... 25th May 17, 10:47 PM
    • 1,346 Posts
    • 918 Thanks
    AndyMc.....
    Stuff like this needs to be done by post sent by recorded or special delivery so there is proof it has been received.
    Originally posted by Tarambor
    There's no such thing as recorded these days.
    • molerat
    • By molerat 25th May 17, 11:28 PM
    • 18,571 Posts
    • 12,727 Thanks
    molerat
    2 copies sent with free proof of postage from 2 separate post offices is more than sufficient for a court.
    www.helpforheroes.org.uk/donations.html
    • macman
    • By macman 26th May 17, 8:52 AM
    • 41,889 Posts
    • 17,377 Thanks
    macman
    Head it 'Letter Before Action', followed by the make, model and reg of the car.
    No free lunch, and no free laptop
    • atlantis187
    • By atlantis187 14th Jun 17, 2:57 PM
    • 1,030 Posts
    • 382 Thanks
    atlantis187
    I applied to the small claim court on Saturday filled the form in online.
    Now today I've had an email from the company asking me to ring them.


    If they say they are willing to refund my money then should they also cover the court costs of 105 that i've had to inccure?
    If they only agree to pay back the original amount and not the court cost then should I let it just process through court and get a judgement and recover the whole amount.


    Thanks
    • Quentin
    • By Quentin 14th Jun 17, 6:53 PM
    • 35,582 Posts
    • 19,791 Thanks
    Quentin
    Stuff like this needs to be done by post sent by recorded or special delivery so there is proof it has been received.
    Originally posted by Tarambor
    This is not the way.

    A recipient can get round this simply..

    Better and also moneysaving is to get a free cert of posting from the post office
    • Quentin
    • By Quentin 14th Jun 17, 6:58 PM
    • 35,582 Posts
    • 19,791 Thanks
    Quentin
    I applied to the small claim court on Saturday filled the form in online.
    Now today I've had an email from the company asking me to ring them.


    If they say they are willing to refund my money then should they also cover the court costs of 105 that i've had to inccure?
    If they only agree to pay back the original amount and not the court cost then should I let it just process through court and get a judgement and recover the whole amount.


    Thanks
    Originally posted by atlantis187
    As long as you followed the rules (and notified them you intended to take court action after a reasonable period)

    But if you just went ahead with your court claim you cannot pursue them for your court expenses over this
    • atlantis187
    • By atlantis187 15th Jun 17, 12:54 AM
    • 1,030 Posts
    • 382 Thanks
    atlantis187
    As long as you followed the rules (and notified them you intended to take court action after a reasonable period)

    But if you just went ahead with your court claim you cannot pursue them for your court expenses over this
    Originally posted by Quentin
    I've already sent them the 'letter before court action' and the deadline for this has now passed. So that's the reason I have now applied to the courts.
    They are trying to get in touch with me now possibly to make arrangements to pay, but what I'm wanting to know is should I also be asking them for the 105 court fee aswell?
    • arcon5
    • By arcon5 15th Jun 17, 7:17 AM
    • 13,533 Posts
    • 8,596 Thanks
    arcon5
    Stuff like this needs to be done in person before it becomes another unsatisfied ccj or company pheonixed
    • Nodding Donkey
    • By Nodding Donkey 15th Jun 17, 7:24 AM
    • 2,532 Posts
    • 2,142 Thanks
    Nodding Donkey
    I've already sent them the 'letter before court action' and the deadline for this has now passed. So that's the reason I have now applied to the courts.
    They are trying to get in touch with me now possibly to make arrangements to pay, but what I'm wanting to know is should I also be asking them for the 105 court fee aswell?
    Originally posted by atlantis187
    If you have already issued the court papers then isn't the fee already part of the claim? That is the amount you want.

    Also, be wary of them fobbing you off. Continue with the claim until they pay.
    • LandyAndy
    • By LandyAndy 15th Jun 17, 8:49 AM
    • 24,261 Posts
    • 51,244 Thanks
    LandyAndy
    I've already sent them the 'letter before court action' and the deadline for this has now passed. So that's the reason I have now applied to the courts.
    They are trying to get in touch with me now possibly to make arrangements to pay, but what I'm wanting to know is should I also be asking them for the 105 court fee aswell?
    Originally posted by atlantis187
    I presume you did a money claim online?

    The claim they receive will have your fee added to the amount claimed.

    If they only refund the price of the car then you can still let the claim run to judgement for the fee amount. Then it would be up to you if you thought the 105 judgement was worth pursuing further or you just chalk it off to experience.
    • atlantis187
    • By atlantis187 26th Dec 17, 12:23 AM
    • 1,030 Posts
    • 382 Thanks
    atlantis187
    Right I finally got letter through from the court in my favour without a hearing ordering DFC Cars to pay me just over 2k

    Them slimy Bas**** have gone and changed their company name to these:

    http://www.egcars.co.uk/find_us.php

    https://ebayshowroom.ebaymotorspro.co.uk/emp/showroom.html?cid=1n3lTsRuVc6K%2F04OWZDxWQ%3D%3D&l id=9290

    What can I do about this now?
    • walwyn1978
    • By walwyn1978 26th Dec 17, 7:16 AM
    • 450 Posts
    • 413 Thanks
    walwyn1978
    You may be struggling here, since this is precisely why some companies fold and relaunch with to a new name and Companies House registration- to avoid debts, like yours.

    There are companies that will chase court judgments for you, but theres usually an upfront fee which can be large and theres no guarantee, as my FIL found out to his cost.

    I'm sorry, but I think you may not see your money again, and although it hurts I'd probably advise not spending more money to get it back, or you could be further in the red.
    • AdrianC
    • By AdrianC 26th Dec 17, 8:57 AM
    • 17,365 Posts
    • 15,701 Thanks
    AdrianC
    Right I finally got letter through from the court in my favour without a hearing ordering DFC Cars to pay me just over 2k

    Them slimy Bas**** have gone and changed their company name to these:

    http://www.egcars.co.uk/find_us.php

    What can I do about this now?
    Originally posted by atlantis187
    Depends...

    This is the single most important question you need to answer :- did you buy from Smith Ltd, or did you buy from Mr Smith, trading as "DFC Cars"?

    If you bought from Smith Ltd, and they've closed, then the entity that owes you money simply no longer exists.

    If you bought from Mr Smith, then what name he trades as is irrelevant.

    That new domain name is registered to a Mr D Carvalho, who is listed as a sole trader at the same address - so if he's just changed the trading name, then your claim would likely still be valid, because it's against the individual.

    However, there IS a DFC Cars Ltd... The directors do not include Mr Carvalho, but they do seem to be of a similar national background to his name - and one of the directors gives that same Lechlade trading address as his contact address. If you bought from that limited company, then that's who your claim is against, and EG/Mr Carvalho are irrelevant.

    So... WHO did you buy from?
    • motorguy
    • By motorguy 26th Dec 17, 12:58 PM
    • 16,605 Posts
    • 9,794 Thanks
    motorguy
    Right I finally got letter through from the court in my favour without a hearing ordering DFC Cars to pay me just over 2k

    Them slimy Bas**** have gone and changed their company name to these:

    http://www.egcars.co.uk/find_us.php

    https://ebayshowroom.ebaymotorspro.co.uk/emp/showroom.html?cid=1n3lTsRuVc6K%2F04OWZDxWQ%3D%3D&l id=9290

    What can I do about this now?
    Originally posted by atlantis187
    DFC Cars Limited is still an active limited company

    https://beta.companieshouse.gov.uk/company/09509160

    Thus you need to (continue to) pursue them.
    "We have normality. I repeat, we have normality. Anything you still can't cope with is therefore your own problem."
    • atlantis187
    • By atlantis187 26th Dec 17, 1:56 PM
    • 1,030 Posts
    • 382 Thanks
    atlantis187
    I bought the car from there branch in Watton trading as DFC Cars ltd.
    I made the claim against there branch DFC CARS at Lechlade because that!!!8217;s the address that was written on the receipt they gave me that was probably their head office.

    Their director who was defending the case for them is a Darcy Filho.
    • atlantis187
    • By atlantis187 27th Feb 18, 11:24 PM
    • 1,030 Posts
    • 382 Thanks
    atlantis187
    just a bit of an update and also require a little more advice.

    So I instructed dcbl HCEO to get the writ and chase this for me.
    They rang me yesterday saying that they have been to the premises and all the vehicles they have are backed up by paperwork owned by the new company but told me that there is about 3 pc computers that they cant provide paperwork for and are looking at seizing these and they told me they are emailing me an indemnity form for me to print sign and send back.

    Me not being very clued up about these things just did that and later I rang them again and asked what the form actually means they said the form is to cover them and their costs and if the computers dont sell at the acution for a high enough price then I will have to pay the difference to them to cover their costs. and their costs are already up to 1500 plus the 2k original debt they are chasing for me.

    There costs seems extortionate to me can they actually do this?
    I wish I had never sent the form back now as I look like I have already lost the original 2k and now will have to pay for dcbl's costs on top of this.
    • arcon5
    • By arcon5 28th Feb 18, 6:54 AM
    • 13,533 Posts
    • 8,596 Thanks
    arcon5
    Yes they can do this.
    Wow I can't believe you'd sign an indemnity over them seizing 2 computers
    • AdrianC
    • By AdrianC 28th Feb 18, 7:40 AM
    • 17,365 Posts
    • 15,701 Thanks
    AdrianC
    There costs seems extortionate to me can they actually do this?
    Originally posted by atlantis187
    Of course. How many people turned up at the site? How much equipment? If they were preparing to seize one or more vehicles, I presume there was a van plus a car transporter, at least?

    I wish I had never sent the form back now as I look like I have already lost the original 2k and now will have to pay for dcbl's costs on top of this.
    Any costs on top of what they can recover from flogging a couple of used PCs at auction... Look on the bright side, they might fetch 50-100 each, if they're any good.

    These are the risks you take.
    • arcon5
    • By arcon5 28th Feb 18, 10:19 AM
    • 13,533 Posts
    • 8,596 Thanks
    arcon5
    They don't just turn up with recovery tricks! They will call for trucks if they need to whilst at the premises.
    • Mercdriver
    • By Mercdriver 28th Feb 18, 12:50 PM
    • 1,640 Posts
    • 1,120 Thanks
    Mercdriver
    just a bit of an update and also require a little more advice.

    So I instructed dcbl HCEO to get the writ and chase this for me.
    They rang me yesterday saying that they have been to the premises and all the vehicles they have are backed up by paperwork owned by the new company but told me that there is about 3 pc computers that they cant provide paperwork for and are looking at seizing these and they told me they are emailing me an indemnity form for me to print sign and send back.

    Me not being very clued up about these things just did that and later I rang them again and asked what the form actually means they said the form is to cover them and their costs and if the computers dont sell at the acution for a high enough price then I will have to pay the difference to them to cover their costs. and their costs are already up to 1500 plus the 2k original debt they are chasing for me.

    There costs seems extortionate to me can they actually do this?
    I wish I had never sent the form back now as I look like I have already lost the original 2k and now will have to pay for dcbl's costs on top of this.
    Originally posted by atlantis187
    You were warned...

    You may be struggling here, since this is precisely why some companies fold and relaunch with to a new name and Companies House registration- to avoid debts, like yours.

    There are companies that will chase court judgments for you, but theres usually an upfront fee which can be large and theres no guarantee, as my FIL found out to his cost.

    I'm sorry, but I think you may not see your money again, and although it hurts I'd probably advise not spending more money to get it back, or you could be further in the red.
    Originally posted by walwyn1978
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