Specialist dealer sold my car but won't give me proceeds...

[Flat 6]

OK folks, I'm putting this up here after nearly 3 months of waiting to be paid.

At this stage I'm not going to name and shame, although I have told the dealer in question he's lucky I haven't done so yet.

The dealer in question did a good job of selling my car on commission back in mid July, that is he got a good price which meant a good sum to me and a healthy commission for him. We have a formal contract which said that he would pay me over the agreed sum minus commission and costs within 14 days. I went on holiday until end of July expecting the cash to arrive in my account in late July as agreed.

Alarm bells started ringing when no money was received. So I contacted the dealer. He said there was a problem with the car and he didn't want to give me the proceeds of the sale until that problem was sorted or just in case the customer asked for his money back. The problem was an oil leak. The customer had told him about the leak on 10th July and he'd told me. He'd said he would probably send a truck, bring the car back and see what the issue was. So, having heard nothing else, I had expected the issue to have been sorted by end July. The dealer had done an oil change and turned the sump plate in early July before the car was sold so I expected it to be something to do with that. Turned out it was but had the dealer even tried to look at the car in July?..not at all. So I started to wonder maybe if this was a useful tactic to delay payment to me. I started to press him harder. On 31st July the dealer had someone local to the buyer look at the car and sort the leak...Guess what, leaking from sump plate. So around 7th August dealer concedes that the customer is happy and he will pay me.

The weeks go on. What follows is a long list of broken promises to pay, interspersed with claims that various family members are ill and that generally cashflow is slow. I'm a reasonable guy, I stay patient but make it clear how unhappy I am and that he needs to make the payment to avoid legal action and reputational damage. He finally sends me £5k at the beginning of October. Progress I think..but then he goes quiet again. So I go over and see him (from N.Ireland..and he's in England ). He is ultra apologetic and tells me he's sold a car and will pay me w/c 8th October. Nothing. So again I call and message. Nothing still.

So that's where we are. All here will know the price of a freshly restored '78 SC. Take a few grand off for commission and you know the sum owed here. It's a fair chunk of money.

So, what do I do. Legal action? Name and shame on here? I'd have thought the guy would be so concerned about his reputation that he'd want to avoid any of this. And he does have a good reputation to maintain...

I've thought long and hard about even putting this out on the forums but I've run out of patience. I know the guy at least follows the forums so maybe the threat of name and shame will encourage him to pay me what I'm owed...

If not I think it is in the interests of all Porsche owners to know what kind of guy this is and be able to avoid a similar situation. Mods may disagree of course...

Let me know your thoughts Pls.

Allen.

[coomo]

Id be paying a visit.I wouldnt be leaving until the debt was paid.I have had similar experiences solved with this approach.If you dont feel capable, then contact a debt recovery service.He is using your monies, to support his cash flow.Pisstake.

[Magnum]

To be honest if they're prepared to do this (and have given the run-round for this long), and you don't fully know the extent of their problem or dishonesty, things could unravel. I'd get an aggressive lawyer involved very fast - it usually only takes one letter....

[smallspeed]

I don’t know the legal ins and outs or the proper process, but I will say my wife’s business get unpaid debt resolved quickly and most of the time with just a letter from their debt recovery agents. As magnum said, an aggressive lawyers letter will probably work too
What I WOULDNT do is sit and wait - if they have problems you do not want to be last in line for your money..

[Sam]

I’d tend not to involve a lawyer or debt agency, just issue court proceedings immediately. Like today. You only need a lawyer if there’s any doubt you are due the money. Which there isn’t. And it’ll just cost you money.

As above, you’re very unlikely to be the only person he owes money to so you need to try to get in first to get paid quickly before it all collapses and you get nothing.

Applying to a court is very easy and you can ask for costs and interest. If he has the money chances are he’ll offer to pay in full rather than suffer the interest. If he has the money.

JD Classics were seen by some to have a good reputation. If your guy is in financial trouble no amount of forum exposure or reputational damage will matter to him.

I’ve been paid three times by issuing proceedings. Because they were all being rip off bastards I refused their offers of full payment and all three made payment plus costs and interest to avoid court.

[Sam]

Here you go:

https://www.gov.uk/make-court-claim-for-money

[DarthMJH]

I agree with Sam you should charge costs and interest. Good luck with it, I hope you get your money.

[KS]

Interesting to compare the experience. When I sold El Chucho, I chose to use Williams-Crawford as I hate selling cars and was also worried about any problems with the car that might arise given that it was not like selling a £1500 Golf, or whatever. Adrian Crawford's response was 'We're selling the car, so that's our responsibility, not yours'. When car was sold, money was in my account within three days.

I agree 100 per cent with Sam. Don't waste your time and money with lawyers - you have a watertight case, so use the court. Today.

[yoda]

Very sorry to hear that, I know how you feel.

Key thing as mentioned is to act fast as if he has cash flow issues, you are probably not the only person coming after him. I personally found a letter from my lawyer did the trick.

Good luck and keep us posted.

[sisu]

Id be paying a visit.I wouldnt be leaving until the debt was paid.I have had similar experiences solved with this approach.If you dont feel capable, then contact a debt recovery service.He is using your monies, to support his cash flow.Pisstake.

For the price of a plane ticket and a rental car I would check out what is happening, are they still in business? Has he got a new car etc. If he has spent the money because you are in Northern Ireland and he can ghost you then this is not looking good. Debt collection works

[Bootsy]

Sort it today, don’t waste a second

Happy to have a discussion via PM to see if there is anyway / anyone we can use to leverage a result

[Flat 6]

Thanks for solid advice all.

I have been to see him only 2 weeks ago. Was very sheepish and apologetic, said he just didn't have the money but would have the following week.

I think you'd all be surprised who this is. Very much still in business.

Bootsy, I'll be in touch later. I had wondered if pressure could be brought via porsche inside circles.

Al.

[BILLY BEAN]

You should not be acting as a 'bank' to support the dealers cash flow. Suggest you send a letter of "Notice before Action" and give seven days to provide you with the money.

Regards
Kirk

[Gary71]

Sounds bad. Some sound advice above.

If Bootsy is OK why not put the name up here?

[hot66]

Thanks for solid advice all.

I have been to see him only 2 weeks ago. Was very sheepish and apologetic, said he just didn't have the money but would have the following week.

I think you'd all be surprised who this is. Very much still in business.

Bootsy, I'll be in touch later. I had wondered if pressure could be brought via porsche inside circles.

Al.

It wouldnt surprise me if it was any one of the 'specialist' Porsche dealers .. hear so many stories about different dealers linked to SOR type sales