rogue ebay car trader/trading standards/cab/now court/keeps setting aside my claims

[david1471]

Hi guys a car i purchased 5 months ago turn out to have lots of trouble with engine, i followed all procedures i was told and had all evidence to prove my case.

 

1. detailed email from trader engine full recon just fitted and new turbo full 6 month warranty covering anything that goes wrong. when it went wrong within the 1st day told by garge no warranty

2. service book filled in new engine and other work done, turns out not a recon just old engine from another car.

3. 5 months tax on advert on arrival no tax

4. 3 prior owners, not true it was 5

5. advert stated warranty, never supplied warranty

6.failed to supply the mot because it had advisorys on it

 

i spoke to local trading standards and traders local trading standards, mine stated trader has not committed any criminal offences is stated yes he has but its not in there area so they cant deal with it. They advised a complaint be logded but still my trading standards refuse to assist, but after a visit from his local trading standards car trader had car pickedd up and taken back its been 2 weeks nowand car still not been in garage due to the trader being in dispute with garage over the repairs, so im left with no car at all and no light at the end of the tunnel either with the only advise take trader to court but as long as he as car and intention to do repair you probly loose. So trader not only ripped me of he gets car as well.

[ericsbrother]

Send them a letter giving them a fixed period to sort out the problems and return the vehicle to you in a satisfactory condition. Warn them that if they do not do this your next action will be that you will remove the vehicle from their premises and have the work done elsewhere at their expense and recover the costs of doing so from them via the courts if necessary.

[david1471]

hi i have just rejected my vehicle and left it with car trader after 5 months of hassel with him and im taking him to small claims court for a full refund. what i wont to no if any one can tell me is where do i stand with vehicle is it mine till he settle is debt or can he sell it and never pay me penny, do i keep hold of documents and if i see it come up forsale report it or is it now is to do what he want??

[renegadeimp]

You need to provide much more info david so we can advise you.

[ericsbrother]

Do not fill in the V5 until you have settlement of the debt otherwise it will offer less incentive to pay up.

[david1471]

You need to provide much more info david so we can advise you.

more info:- car purchased with full recon engine 6 month full warranty 5 months tax. after buying engine problems straight away on garage inspection found its an old engine with old parts added and no tax and no warranty as promised also trader with held mot slip as it had advisorys on it. Got trading standards involved who spoke to him, so he had car recovered and promise to sort out issues after 17days i spoke to garage doing repairs who stated that dont have time to look at it at moment but i had no car so spoke to trader who told me garage wont mot this vehicle as it wont pass but i got another garage who will pop 1 on no probs, i told him im not happy about this as i paid for a recon engine and a warranty plus tax and car is not fit for purpose. After telling trading standards again, they pointed out word of mouth hard to prove in any case so i informed i have emails with the proof so i was informed to reject it and pursue through courts.

[david1471]

he as already had car repaired and mot done so i would say he his about to sell vehicle and he as not respond to courts over the case dont think he cares as he is aware there no laws that can touch him and trading standards proved that to me by rufusing to deal with the trader.

[david1471]

Hi guys i have search internet for advice on rejected vehicle, trader so far as not responded to court over matter and won't as there 2 much evidence agaist him but he as my returned vehicle and i wanna no can he sell this again even though car is still registered to me and no refund as been made.

[david1471]

hi i purchased a car from ebay trader which turned out trader had false advertised to up value of vehicle, after advice from trading standards they told me to sue him personally has at no point had he made me aware he was ltd company. Now it went through small claims i was award judgement on 27th of march has he failed to answer courts. The owner now states he as seeked legal advice and spoke to trading standards and sueing me as from 26th april for charges of 12 pound and interest a day for car being on his property and that he was ltd so also taking me for sueing him instead of company. I have spoke to trading standards as of his claim which they state he as not spoken to them and would have to have told a lot of lies to given this advice as i no longer own car its his since judgement awarded.

what i want to no as any 1 been or heard of this issue before and how i should deal with matter?? i like to point out he still not paid judgement and baliffs are dealing with matter.

[sailor sam]

hi i purchased a car from ebay trader which turned out trader had false advertised to up value of vehicle, after advice from trading standards they told me to sue him personally has at no point had he made me aware he was ltd company. Now it went through small claims i was award judgement on 27th of march has he failed to answer courts. The owner now states he as seeked legal advice and spoke to trading standards and sueing me as from 26th april for charges of 12 pound and interest a day for car being on his property and that he was ltd so also taking me for sueing him instead of company. I have spoke to trading standards as of his claim which they state he as not spoken to them and would have to have told a lot of lies to given this advice as i no longer own car its his since judgement awarded.

what i want to no as any 1 been or heard of this issue before and how i should deal with matter?? i like to point out he still not paid judgement and baliffs are dealing with matter.

 

Well from your info, it sounds like you have done all you can. Not sure how the seller can successfully sue you although I think he is trying simply to intimidate you. obviously we don't know the problems which lead up to the situation so i'm not sure how we can help.

 

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

[david1471]

i agree with what you are saying about intimidation saying i collect car and except it as baliffs are going for him and not is ltd company that he is well known for winding up once he gets court out with his dirty dealings?? i no im 10 steps ahead just wanted to see if any1 has been in this position and any advice going forward!! trading standards have said he aint got a chance should have went to court at 1st chance and courts have made ruling agaist him

[Conniff]

How did he tell you he had taken legal advice, was it on the telephone or in a letter ?

[david1471]

i recieved a email from him stating he spoke to trading standards and seeked legal advice and filled in court papers and was making me aware of charges for storing car, plus put ps statement that he was ltd company which id brought car from and i should have known that, but has he failed to state on website plus never gave invoice for car or any other paperwork trading standards new of his history stated sue him.

[Conniff]

Can you give us the full story please David starting from when you bought the car, did you pay for it ?

[david1471]

ok i found the car on ebay trade site for 2700 pounds it stated a replacement engine and new turbo with six month warranty. Before purchase i ask seller about engine and warranty and price for part ex on my car. i received email stating its full recon and warranty will cover anything that goes wrong with engine and turbo its covered by garage that done work and gave me 1400 for my car with 1200 to pay in cash and 100 deposit through paypal.

 

deal done picked up car shown service book stating NEW fitted engine NEW fitted turbo and told all your paper work is in car( my fault i trusted him) also stated taxed for 5 months asked no mate dont sell any cars with tax on, again i excepted. i drove 100 miles to get car so let it go, but so far on way home problems started oil light coming on so checked for mot slip not any where in car, so i pulled over rang trader who stated not my problem it was there. I got home topped up oil and paid for mot slip when my garage stated no wonder mate its got 4 bold tyres on it. after a couple of days i found oil leaking so i rang garage that held warranty to be told where to go aint no warranty, trader also now being funny refusing to do anything so i took to my local garage and on inspection found an old engine badly installed with no new turbo but infact original bits from engine installed and lots of damage done when installed and 2 injectors gone allowing fumes to enter car.

 

 

After advice wrote letters of intention of legal action and got trading standards involved. Letters did not work just a bragging letter how trading standards takes year and you aint got a car from trader.So trading standars visited him and he agreed to sort issues. Car was collected agreement with trader as goodwill id pay for mot if he got it done to show work and car fit for purpose and done with in certain time. After 3 weeks i hear nothing and i left with no car as he refused a courtesy car i contact to get threats of him, so i contact garage where car is to find out car is outside untouched and wont be for few weeks so i state trader agreed to have it back(told trader it was to be returned repaired or unrepaired within 3 weeks and he agreed as it was booked into my garage).

 

i told garage i would go to police to get vehicle returned so he then rang trader who in return rang me. He explained he needed time as garage had loads of old parts and were cheap as there is no warranty he wants to do it cheap also this garge are refusing mot as there repairs wont be good enough and told me not to worrie his got another garage who will just pop 1 on, (dodgy mot). I was not happy with any of this phone trading standards and explained what was going on they told me to reject car and take court action but not against company him personally as he will just wind up bussiness.(dates of how long its been going on from purchase to court action 18/10/2012 to 1/3/2013).

 

i rejected car with trader by email and he replied with abruse and took small claims action to which he never entered defence so on 27/03/2013 court awarded judgement of 3108 pounds against trader and issued warrant to baliffs on 2/04/2013 i never recieved anything until 26/04/2013 where he told me his sueing me and making charges for parking of vehicle on his property. (there is more stuff but this is basic story so you can understand what occcured)

Edited April 28, 2013 by david1471

[Conniff]

Could you click on the 'edit post' button Dave and put some line spaces in so it is readable.

[sailor sam]

ok i found the car on ebay trade site for 2700 pounds it stated a replacement engine and new turbo with six month warranty. Before purchase i ask seller about engine and warranty and price for part ex on my car. i received email stating its full recon and warranty will cover anything that goes wrong with engine and turbo its covered by garage that done work and gave me 1400 for my car with 1200 to pay in cash and 100 deposit through paypal. deal done picked up car shown service book stating NEW fitted engine NEW fitted turbo and told all your paper work is in car( my fault i trusted him) also stated taxed for 5 months asked no mate dont sell any cars with tax on, again i excepted. i drove 100 miles to get car so let it go, but so far on way home problems started oil light coming on so checked for mot slip not any where in car, so i pulled over rang trader who stated not my problem it was there. I got home topped up oil and paid for mot slip when my garage stated no wonder mate its got 4 bold tyres on it. after a couple of days i found oil leaking so i rang garage that held warranty to be told where to go aint no warranty, trader also now being funny refusing to do anything so i took to my local garage and on inspection found an old engine badly installed with no new turbo but infact original bits from engine installed and lots of damage done when installed and 2 injectors gone allowing fumes to enter car. After advice wrote letters of intention of legal action and got trading standards involved. Letters did not work just a bragging letter how trading standards takes year and you aint got a car from trader.So trading standars visited him and he agreed to sort issues. Car was collected agreement with trader as goodwill id pay for mot if he got it done to show work and car fit for purpose and done with in certain time. After 3 weeks i hear nothing and i left with no car as he refused a courtesy car i contact to get threats of him, so i contact garage where car is to find out car is outside untouched and wont be for few weeks so i state trader agreed to have it back(told trader it was to be returned repaired or unrepaired within 3 weeks and he agreed as it was booked into my garage). i told garage i would go to police to get vehicle returned so he then rang trader who in return rang me. He explained he needed time as garage had loads of old parts and were cheap as there is no warranty he wants to do it cheap also this garge are refusing mot as there repairs wont be good enough and told me not to worrie his got another garage who will just pop 1 on, (dodgy mot). I was not happy with any of this phone trading standards and explained what was going on they told me to reject car and take court action but not against company him personally as he will just wind up bussiness.(dates of how long its been going on from purchase to court action 18/10/2012 to 1/3/2013). i rejected car with trader by email and he replied with abruse and took small claims action to which he never entered defence so on 27/03/2013 court awarded judgement of 3108 pounds against trader and issued warrant to baliffs on 2/04/2013 i never recieved anything until 26/04/2013 where he told me his sueing me and making charges for parking of vehicle on his property. (there is more stuff but this is basic story so you can understand what occcured)

 

Please put any further posts into paragraphs. not many members will attempt to read one block of text.

 

Anyway, from what you are saying, it's now his car anyway because you have formally rejected it and got judgement. He hasn't got a cat in hell's chance of suing you although he could apply to have judgement set aside to enter a defence.

 

I would hope trading standards will also take action against him but you will have to let the bailiffs do their stuff for now. Problem is that rouges like this normally know how to play the system so will probably fool the bailiffs into believing that he has no assets.

 

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

[david1471]

trading standards won't take action that not interested in small cases no more and that was in there own words not mine, but will help in defence agaist trader.

how does it work if he gets judgement set aside then??

[david1471]

UPDATE:

Sailor sam was spot on trader is trying to set aside judgement but tried to without a hearing and statement full of lies, but courts have instead set a hearing for it.

[citizenB]

Have you received a hearing date ? Do you have a copy of his Witness statement ?

[david1471]

yes 22nd may and yes have seen witness statement!! i sued him not car company after trading standards advice but he filled in set aside against his car company not himself trying to get is ltd applied.

[sailor sam]

yes 22nd may and yes have seen witness statement!! i sued him not car company after trading standards advice but he filled in set aside against his car company not himself trying to get is ltd applied.

 

Not sure that line of defense will help him. It would depend on who's name is on the sales invoice as the seller.

 

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

[ericsbrother]

As said, what is/was written on the sales invoice? You are right about him using the court to try to get out of having his assets seized when he has made damned sure that there is nothing in his Ltd business to take, which is why he is being insistent that you are wrong!!! Make sure you counterclaim for interest on money owed if it wasnt in the original judgement and try and get his appeal struck out as being vexatious and an abuse of process. Bound to be case law somewhere on the net.

[david1471]

Couple of points: never supplied invoice would not except deposit through is PayPal account went through a friends ie: tax avoid

He claims I returned car november 2012 and he repaired early December and i have not collected.

Truth is trading standards approached end of January and he recovered vehicle 12th February 2013 and completed repairs 13 march but not to standard of advertised trading standards advised reject vehicle and sue him.

[david1471]

hi guys might have put this in wrong place but still will help other users understand why going through small claims its not easy against rogue car traders, they know how to use system.

 

I took rogue car trader to court, failed to enter defence. win by default judgement GREAT

 

Car trader comes back with set aside appeal based on statement of lies problems with wife did not allow him time to enter defence through money claim. He runs online car trading business.(lol) again fails to appeal thrown out by judge warrant re-issued. GREAT a win again

 

I now received a 2nd appeal to set aside case based on car trader moved address and did not receive set aside date, my point being he is the 1 making application for set aside but at no point did he inform court by phone or face to face of move of address over the 6 weeks before hand.

 

I just want to no is there anything I can do to stop him using county courts has a way of avoiding bailiff's every time I issue warrant. Spoke to court but refused to help

 

 

 

 

 

 

 

 

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