i wouldnt try blocking them in or anything could be classed as imprisonment, I would find out the business owner from companies house / or ring and ask and deal direct with them

Shocking behaviour on their part. Extremely poor management at very best. What happened today?

Has C-o-B been kidnapped !!??

Probably in cells for obstruction

Not quite. It's a long story but basically I rocked up calm, we had a slanging match, said a few expletives but did nothing worse than face off. Then it calmed down and we had a chat. He's told me a few things he shouldn't, the business is short of cash so he's simply waiting on payment for some jobs and a couple cars for sale (including mine and I own it LOL), then it'll be sorted. I have a lot on him and after getting some fresh air and clearing my head realised for the sake of taking weeks/month instigating legal action, I'll give him a few days to sort it.

More fool me? Perhaps but I'm 2 months into the 6 month warranty thing and have evidence confirming it being not fit for purpose and guarantee of refund.

I think this one just requires a bit of thought and hopefully an amicable ending.


P.S. I'm 6-2, so as good as kidnapped.

He probably wants to pay you as much as you want the refund, but as explained if he doesn't have it then he cant give what he hasn't got. A lot of small business run on limited cash flow these days as that's just how the economy is. He should have been straight with you form the off and said it will take time but will put things right.

Honesty goes a long way ive found,

Weighing everything up, this is my opinion. They have spent money on the car fixing some issues and whether the others are still there I don't know. But having the car actively for sale (although cheeky whilst I'm the owner), shows intent in my eyes.

I was very suspicious until I had it out with him yesterday.

I hope that he comes through for you amigo, it's not unheard of for things to be tight but he must really be on the edge. Cheeky to be selling a car which isnt his but if it helps I guess.. Don't feel sorry for him, it's business. Fingers crossed anyway, stay on top of him so to speak :)

You need to get those court papers in NOW.

if they are that tight on cash then there is a real chance they will go splat or change names etc (a'la Clive performance etc) meaning it's a new company and you don't get a penny.....

But you can put a debtors order on them meaning should it happen you can still get the debt repaid...

I say start the legal process immediately, as then you don't have to do it later with any more potential stories.
This way if you get paid in the meantime then cancel the legal process.
It will save you pissing about later.
Tbh I wouldn't trust any small garages in wakefeld tbh, it's got a shoddy rep regarding cars, my mate got a ****ter that needed a new engine and got fobbed off (maybe same garage who knows).
Start the process to save time later
If youd of told me you was buying from wakefeld id of told you

COB I would refer you to my original comments on post 13 - I would be a little concerned about the whole situation it is impossible that they would be dealing with such a shortfall of cash - what would happen if they needed to buy a new car for stock, or pay for a repair or even their electric bill....

Also are they not technically breaking the law selling a vehicle that they do not own without your permission?

What happens if they sell it, (I'd feel sorry for the new owners first) but did you pay for it cash too or was it financed which would also show on any HPI check....


Its a bag of nuts this situation it need to be rectified before you end up losing out.

and if they sell YOUR car, who's to say there isn't some black hole the cash will go into?

Nope, I think you need to start legal proceedings NOW Andy. They have reneged on promises, so should you.

I think this is going to end in tears otherwise.:(

The road to ruin is paved with good intentions

I am sure you are just one of a long line people / organisations they owe money to - by the sound of it


And as is usual in cases like this the squeaky wheel gets the oil


If they have some spare cash, the VAT and Tax man would come first, I would have thought

I think at the time, I'd probably go for an extra few days than go through the grief of small claims etc. However, If no cash turns up by Monday, you'll have to bite the bullet and start the claim.

If he's short of cash, has he got other cars? At a push, demand he hand over the V5 of one of the other cars he has. You've got an asset you could sell on to recoup.

What you don't want is this guy stringing it out too long and him winding up the company and washing his hands of liability.

Or selling YOUR car and the money disappearing.

I have all documents, can't sell it without a V5 can he? Or I can report it as stolen.

You are been very naive.

A v5 is not proof of owner ship and a car can be sold without one and you can just apply for a replace.replacement.

And it's not stolen as you gave it to them. the police will just say it's a civil matter and take it through court.

Andy, stop being stubborn. You asked for advice on here, yet are rejecting it. Why?

Any futher updates?

Aye, had a cheque for about half the money paid in yesterday. Should clear Monday and be free from bouncing Thursday I think (I bank with HSBC).

Said he's working on the rest (I have proof of the conversations via email and text).

I've provisionally looked at small claims incase the rest isn't forthcoming and the fees are as follows (I can do it online as I know what in owed).

court fee is based on the amount you’re claiming, plus interest.


£500.01 to £1,000 - £60
£1,000.01 to £1,500 - £70
£1,500.01 to £3,000 - £105

glad you are halfway there :) does part payment infer any rights to title?

Sorry for not updating this, I've had to keep my cards close to my chest.

Basically everything as of Friday is sorted. I went to Wakefield and the rest of the money was handed over and the car sold back to him in the trade.

Over the last couple of week previous, I'd had promises of this and that, all via text, which I kept. I'm in the union at work which gives me free legal advice, and as a last resort phoned them just before I was about to write to him prior to instigating a claim.

I think this worried him as I told him via a traceable text message (instead of a phonecall - we've had a few of them too), that he had until the end of that week (just gone), and I had taken legal advice on where I stand.

Basically he practically begged me to wait until Saturday. That was his last chance. He messaged Friday morning and had the money. Where from I don't know, but I went over on my way to Sheffield anyway and collected.

So that's that. Done thank god!

Money goes onto the credit card I used to buy my little Suzuki Swift.

Great news.

Trading Standards,waste of time like every other government department.Filled with thick as hell but pass the diversity criteria people.

Grrr.

Fortunately I have legal cover with my Union membership, and car/house insurance. So a call gave me an idea of what I could expect but thankfully I didn't have to send the letter to the garage I'd typed out.

:thumb:

Which garage was it? be nice to know which to avoid

Glad you got it sorted, and the garage saw sense (even if it took a little arm-twisting). Better for them in the long run though, if they care about their reputation at all.

Glad it's sorted.....now, when are you having your next Ford?

:lol1:

Unless it's a newish car off a forecourt with say a comprehensive warranty like my BMW had, Jeff, it'll be a while mate!

My little Swift is a brilliant little car and I'll just service it myself.