Today was a good day.
I finally saw justice on the Front Brake disc saga.
Those reading my thread will be aware of the circus that unfolded regarding discs and bearings supplied by BS (lets abbreviate to BS as it’s most appropriate and apt).
I haven’t been able to explain what’s been going on since I was forced into an on-line silence following threats of slander by BS back in May last year. Now we finally have resolution I can tell you what happened.
Again I will only be factual in my explanation to avoid any repercussions from BS.
Back in May last year after seeking advice from Trading Standards I sent a “Breach of Contract” letter to BS giving 14 days for them to exchange the incorrectly sent Beetle discs for 914 ones.
The reply included what was to be the basis of their defence. BS maintained that there were no stock of 914 brake discs, and that any other vendors offering them for sale were mistaken and they had the wrong discs in stock too. Yet they had previously stated that I could have them in 3 days if I paid another £140 each on top of the sale & invoice price that I’d paid on line in February last year? They also said that I was aware that there were no discs currently available and that Kev & I had hatched this whole plan in some way to “set them up”????
Now obviously it all got a little out of hand and I was so sick of it all, that I had no option but to take them to court for Breach of Contract under the sales of goods act in May last year.
The court date was set for October and all was well until the week before when I received a letter saying that BS had asked the court for the date to be deferred.
A new date was sent out by the court the same week (beginning of October) saying the case would now be heard in the first week of December.
I duly arrived at court that day and waited 2 hours. BS failed to show and the judge ruled in my favour. I won the case!
The next day the court sent out a County Court Judgement (CCJ) to BS to pay me my refund plus costs. I got a copy of this a day or so later and they had made the order for the monies to be paid to me by BS within 14 days (ending 18th December).
Suffice to say 18th December came and went. Due to the Christmas holidays I contacted the Court on the 4th January this year to say that BS had failed to pay the CCJ. I was advised to obtain a High Court Writ (enforcement order) if I wanted to obtain my money. This cost me more money for the Writ, but it needed to be done and the Writ was sent a few days later to BS from the High Court.
So again I heard nothing. The last and final option was for me to pay out again for bailiffs (can’t pay we’ll take it away types) to attend and obtain the money from the CCJ & supporting Writ.
This happened a few weeks later and the bailiffs finally obtained payment plus additional charges.
Due to money laundering laws I had to wait another 14 days until the bailiffs could forward me the money from their recovery.
Ok, this is where you would think this woeful saga might end.
Nope….
About 2 days later I get a letter from the Court saying BS wish to “defer judgement”!
WTF?
The court set out a date in February that I have to attend to hear the “defer of judgement” proceedings.
I duly attend and have to sit and hear that BS claim to have not heard from the court back in October that the case was postponed until December, which is why they didn’t attend. They also claim not to have received several recorded delivery letters from me with evidence for the case (of which I have proof of delivery) and they didn’t receive letters containing the December hearing date & subsequent letters containing the CCJ sent from Chichester Court, or the Writ sent from Glasgow high court, or the several Bailiffs letters sent from Birmingham; and the first they knew about the whole affair was when the bailiffs knocked their door.
To my surprise and disappointment, the judge that day starting the opening with “It is with regret” that the rules state BS have the right to defer the judgement for a hearing to be set at a later date. To rub salt into the wounds the money that I had just got from the bailiffs a matter of hours before was ordered to be returned forthwith to BS pending the re-trial.
To say I was sickened to the bottom of my stomach was an understatement.
Due to the difficulty in obtaining the money I wrote to the court and suggested the money be paid to court and held in bond. This could then be released subject to the decision made at the re-trial. The court agreed and the date of today, 27th May was set.
Further papers were submitted by myself and BS. BS had sent in a “how many are left” website screen shot to claim that they were only 40 matches to Porsche 914, presumably to support their claim that it is reasonable to assume no one would have discs for such a rare car. I sent copies of their website showing the discs for sale at £62.40 when I purchased them and a copy of their website page showing them now listed at an eye watering £240 each, plus a dozen or more independent Garages offering them for sale between £65 & £80 each.
Last week they finally submitted in evidence a copy of BS Terms and Conditions from their website trading.
You may want to go read this as it’s a real eye opener and was part of their downfall today in court (if it’s still up there?)
So today after both of us giving evidence the judge found in my favour (for a second time, with thankfully no request to appeal by BS).
The failure to supply me with the brake discs as per the description (914 front discs) was indeed Breach of Contract under the sale of goods act.
The BS terms and conditions in a consumer sale (which is in this instance, me, purchasing parts as an individual) is NOT bound by their T & C, which the judge basically laid into as being “unfair” and not in compliance with The Sale of Goods Act.
Basically their T&C said they were above the Sale of Goods Act and absolved of responsibility as a vender in a consumer sale.
The whole saga started with them asking for another £140 each brake discs several months after the sale and then point blank refusing to acknowledge me or the courts while their T&C said that they had the right to end the contract at any time and the right to refuse to supply goods. This was the basis of what had gone on here which is NOT following the Sales of Goods act in a consumer sale.
So there you have it in a nutshell. What a palava!
The court will get the funds released and I should hopefully see my money back for good. I gave the Beetle discs to BS at Court and trust this is the end of the matter.
Let’s see if they change their T&C’s?
Caveat emptor