Funny Farm

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About Funny Farm

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    Independent dealer
  • Dealership/company name
    Esales ltd

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  1. Unfortunately this deal was done 2 months back. No chargeback yet. They give you 120 days for a credit card holder to dispute a payment (Chargeback) after that the money is safe. What ever way you look at it, there's always a victim.
  2. Cheers Guys. Yes he will surface again. So if anyone who hears from Dean Talbot can go along with it but call the police. It may help in recovering the car. I'm gutted, but also wiser. I have another car over the phone too. Similar area, Peter Orr {Im assuming Stolen ID too}.. These people need catching!!
  3. Hi, Thanks for your replies. The guy bought 2 cars from me. The first I ensured he forwarded me his Driving licence. The car was delivered to his address by car delivery company (they have also had a chargeback for stolen credit card). The guy was waiting outside the house so probably wasn't his house according to the delivery driver. 2 months later he buys the 2nd car which is with a stolen credit card which he said was in his name but at his business address. Because the first car sale went ok, I was happy to trust the 2nd one would too. You could even here his kids playing in the background when calling him. Because I've lost the vehicle and have to pay back the £7750 I've had a double whammy (£15500 loss). I'm obviously gutted and it couldn't have come at a worse time, Tax Bill, VAT bill, and this have stripped me of 40% of my stock value. With cars not selling at the moment I have to seriously consider my future, but also learn the lessons from it. The car has probably been sold on to an innocent victim but it is now on the stolen list, my question is, if the car is found can I get it back?
  4. Hi, I have just had a letter from my card terminal supplier that a car I sold on August 1st for £7750 was paid for by a stolen credit card. This guy "Dean Talbot" Heywood Lancs had bought a car a month before from us with a credit card with correct name, address which matched the Photo Licence details he sent me by email. I have had no comeback from this car however the 2nd car he bought was his "business credit card". He is now non contactable and I have reported the car stolen. My question is, am I protected from this kind of fraud, why didn't the bank freeze or check the payment with the card holder? the credit card company insist it is my liability, however why are we not protected from this kind of fraud.. I have contacted the police and reported the vehicle stolen. But I am obviously naive to this kind of scam.
  5. I have just looked at my viewing numbers. My average daily viewings of my stock before the Autotrader changes were 18.4 per day. Just looked at my last 7 days and they're down to 9.4 per day. My sales have plummeted only 3 so far this month. Usually do 1 a day on 35 stock. We have 5 star reviews good quality photo's etc. I'm not sure how the new search criteria has affected the viewings, but we have certainly seen a downturn since its arrival.
  6. If you have proof of mileage when fault was discovered (Garage diagnostic/estimate?) and you have written evidence you specifically told the customer not to drive the car from that point, you certainly have a case. At the time of the diagnostic you were dealing with a possible gasket replacement now it could be argued the customer has increased the cost of repair simply by ignoring your instructions. However if the matter went to court, you would need to demonstrate that you had a pre delivery inspection, as any judge would say the oil leak should have been spotted and repaired prior to sale. My advice is pay £70 per month, get lawgistic's involved and you will definitely save a lot of time, hassle and money dealing with the case yourself.
  7. We have just had exactly the same thing! We're based in Portsmouth but one of our stock cars (BMW X3) was evidently in a hit and run in Wembley (North London). We provided photographic evidence of the photo we took of the Speedo on the date we put the car on sale along with the photo properties date. The current mileage is only 107 miles more which means it could not have completed the round trip. The police confirmed that the car involved was a BMW however were less than forthcoming when asked about make and colour. We are confident about the outcome but the way the letter is written is of concern. It basically accuses us and we must inform our insurance company of the accident.. Hopefully they'll come back with an apology...Not!!
  8. Get him to email a copy of his driving licence to you to confirm his name and address.
  9. Using Xero. I was worried as I'm not accountancy literate but after my accountant set it up for the Margin Scheme I sent my first VAT submission at a click of a button..
  10. Get your customers to download CUVVA.COM from there smart phone app. Takes 5 mins to set up and they are charged around £10-£20 for 24 hours cover.
  11. Since the start of the year we have only sold 18 through Autotrader at a cost of roughly £11000 subscription to date, this means Autotrader has made more profits from my sales than I have (£611 per car). I have sold 15 via Ebay at £988 (£59 per car) - 3 from Car Gurus (£0 per car) - 2 Gumtree (£15 per add) 1 car Network (£0). We all know times are slow for what ever reasons however this time last year Autotrader was costing £243 per car sale (acceptable), now this figure is at £611. Can anyone else provide a sales v cost analysis. It would be interesting to see the other dealers figures. Simply take the total Autotrader cost since start of the year divide that by amount of autotrader sales.
  12. This was Lawgistics response... The judge was typical – a consumer’s friend. He could see that you had had help in writing the defence and witness statement and thought he would assist a single female – inappropriately I would say. He was wrong to chastise you for asking him to dismiss the “counterclaim” as she was trying to sneak that in as a defence. Had it not been raised in your Defence and Witness Statement the court might not have made her pay any fee at all. Furthermore, we have had cases where we have not attended to (seemingly) irrelevant issues, the judge has said that “because you didn’t address them, your considered to have admitted them”. Sometimes you cannot win! Also, the Judge ought to have separated the successful element of your claim from the yet to be determined “counterclaim”, which should be an unrelated hearing.
  13. Thanks again for your responses. We have to go back to here the counterclaim (if the defendant submits one). If we have the same Judge it would be difficult for him to dismiss a counterclaim as he actually encouraged them to submit one! However as stated, we have not being given the opportunity to inspect the vehicle and make good any repairs. We will be represented by Lawgistics at the next hearing. If we do win then the Defendant has wasted another £200ish on a wasted counterclaim. The Judge has made this simple case very complicated and potentially costly...
  14. Cheers for the replies fellows, the fact that she emailed me this morning saying the car has been repaired, also means she did not follow the CRA 2015 guidance which allows me the opportunity to inspect and repair the vehicle. She stated her uncle carried out the work this morning at his house (not garage). Trade Vet.. She fell on her own sword be admitting £500 part liability, she stated it was a goodwill gesture. We also had the advert which showed the full price and the emails sent shortly after sale. I'm not so cruel to charge my salesman on a genuine mistake, plus he worked harder for the next 6 months :-) The Judge was clearly the consumers friend. Because this is a small claims court, there is no oath. It all depends on what the Judge believes to be the truth. Unfortunately the older Judges that have never being promoted tend to abuse their power against traders (especially car traders). But in this case the abuse of power is quite clear and the grounds have to be exceptional to advise a counterclaim in this manner, I'm not sure the grounds to adjourn are exceptional. I will have a solicitor in with me on the next hearing, it is less likely to turn into a circus.... I will keep you updated!!
  15. So I've just been to court as the "Claimant" rather than the defendant against a customer. On Sept 1st 2018 we sold a lovely Audi A1 to a young lady, unfortunately due to an admin error by one of our staff we were £1000 short of the agreed price. 5 minutes after sale we contacted the young lady requesting the balance paid in full which she would not entertain as she paid what was on the invoice. Anyway we had no choice but to take the matter to a Small Claims Court. We had our hearing and things went well, we didn't say a word and the Judge stated he was satisfied the case was proven.. "Excellent!!" I thought... Here's where it becomes farcical... The girls started to cry.. The Judge then said to her "have you had any faults with the car since sale.?" .. Yes she said the Turbo has just gone.The car is in the garage!.! I stated "Judge.. No counterclaim was filed by the defendant nor has one being paid for!" .. The Judge stated it was quite within his power to look at the defendants costs of owning the vehicle. "I stated that we are now 7 months since sale".. "I stated that we haven't had the chance to inspect the car or put things right" - The Judge advised the young lady that the fault must have happened in the first 6 months, the girls then said it happened 4 weeks ago. The Judge then said I'm adjourning the case for a counterclaim to be filed. I couldn't believe it...Again the dealer is the Monster!! He's the Ironic thing.. Outside of court I asked the young lady which garage the car was in so I can inspect it immediately, she did not know the name nor have the number. Then I saw the car in the court car park, she quickly drove off in the car that was meant to be in the garage! I couldn't take a photo as my phone was switched off after the hearing. I went back to speak to the Judge but he wouldn't entertain me... Left the matter with Lawgistics.