Scam engine re-manufactures
Discussion
a) there's no small claims court in Scotland - it would go through Sheriff court instead ( https://www.scotcourts.gov.uk/taking-action/small-... )
b) they're under no obligation to accept credit cards - you should have checked payment options first
c) you've broken the rules about naming and shaming
b) they're under no obligation to accept credit cards - you should have checked payment options first
c) you've broken the rules about naming and shaming
marshalla said:
a) there's no small claims court in Scotland - it would go through Sheriff court instead ( https://www.scotcourts.gov.uk/taking-action/small-... )
b) they're under no obligation to accept credit cards - you should have checked payment options first
c) you've broken the rules about naming and shaming
There is a Small Claims Court in Scotland. As in the link posted b) they're under no obligation to accept credit cards - you should have checked payment options first
c) you've broken the rules about naming and shaming
Countdown said:
OP seems to have disappeared?
I'm guessing he has deleted his post, either voluntarily or under pressure from PH Towers, for a breach of the forum rules.matchmaker said:
There is a Small Claims Court in Scotland. As in the link posted
The usual problem with incorrect terminlogy. I don't know who it was that first coined this misnomer (which unfortunately has stuck) but there has never been Small Claims Court (carrying with it the implication that it is somehow an entity which is separate and distinct from other courts) either in E&W or Scotland. In both jurisdictions, it is merely a different path to hearing/settling claims below a certain value in the existing court structure. County Court in E&W: Sheriff Court in Scotland (as the very first sentence in the posted link explains). Also, the upper financial threshold for making such a claim in Scotland is lower than in E&W.Countdown said:
OP seems to have disappeared?
IIRC is was along the lines of the OP had his engine rebuilt, the company didn't want to be paid by credit card and the OP didn't want to pay them the way they were asking.OP wanted to sue the engine builder and was asking if he should be trying the cost of a new engine!!!!
I have had to remove the post due to mentioning the company.
Payment methods were agreeded that we can pay via Credit Card. The work started and once finished we were asked to pay via bank transfer. They wanted the money in a company account which was being striked off companies house. This of course rang alarm bells and told them we would only pay by credit card, which they refused.
We then asked to cancel the contract which we are entitled to because they are breaking there terms of payments agreeded.
Since this has happened i have been told this sort of scam is used alot around London.
Payment methods were agreeded that we can pay via Credit Card. The work started and once finished we were asked to pay via bank transfer. They wanted the money in a company account which was being striked off companies house. This of course rang alarm bells and told them we would only pay by credit card, which they refused.
We then asked to cancel the contract which we are entitled to because they are breaking there terms of payments agreeded.
Since this has happened i have been told this sort of scam is used alot around London.
Saw your original post after the name of the company was removed. It struck me then as being very odd & I did wonder how it was going to pan out. I now see you have deleted your OP. If I hadn't been just about to go out the door to work I would have quoted it for posterity & made the following observation.
In summary, you got a company in Scotland to do work on a BMW block. The company has carried out the work. You want the block back. The company want paying before they release the block back to you. So far so good.
You then claim that you & the company agreed before the work was carried out that payment would be made by credit card.
The company has refused to accept payment by credit card.
You don't want to pay by any other method.
You asked for advice on taking the company to court as they didn't give you a contract. You asked whether to claim at court for the cost of a BMW supplied replacement block at £3000 or the £1300 which is your current bill to get your own block back.
It appears you have nothing to prove the method of payment you claim to have agreed, either in writing or in a recorded conversation.
I suspect the court will suggest you pay the company for the work carried out & get your own block back.
Probably be best to get proper legal advice from someone qualified in Scottish law.
In summary, you got a company in Scotland to do work on a BMW block. The company has carried out the work. You want the block back. The company want paying before they release the block back to you. So far so good.
You then claim that you & the company agreed before the work was carried out that payment would be made by credit card.
The company has refused to accept payment by credit card.
You don't want to pay by any other method.
You asked for advice on taking the company to court as they didn't give you a contract. You asked whether to claim at court for the cost of a BMW supplied replacement block at £3000 or the £1300 which is your current bill to get your own block back.
It appears you have nothing to prove the method of payment you claim to have agreed, either in writing or in a recorded conversation.
I suspect the court will suggest you pay the company for the work carried out & get your own block back.
Probably be best to get proper legal advice from someone qualified in Scottish law.
Edited by paintman on Friday 26th June 20:42
Terms were never given at the start of the contract. We were emailed the quote with payment methods they accepted. The only time the terms were given was when we sent them a pre action letter. Only when we sign these terms will they take our credit card payment. In there terms they have basicly stated they will not be liable if the engine fails to work. This in turns voids any warranty they issues and the service of goods act.
QA said:
Terms were never given at the start of the contract. We were emailed the quote with payment methods they accepted. The only time the terms were given was when we sent them a pre action letter. Only when we sign these terms will they take our credit card payment. In there terms they have basicly stated they will not be liable if the engine fails to work. This in turns voids any warranty they issues and the service of goods act.
Can you show the email which says they'll accept a credit card payment? Obviously remove your name and theirs. If you can't provide an email then you're at the mercy of whatever reasonable terms they apply.QA said:
I have had to remove the post due to mentioning the company.
Payment methods were agreeded that we can pay via Credit Card. The work started and once finished we were asked to pay via bank transfer. They wanted the money in a company account which was being striked off companies house. This of course rang alarm bells and told them we would only pay by credit card, which they refused.
We then asked to cancel the contract which we are entitled to because they are breaking there terms of payments agreeded.
Since this has happened i have been told this sort of scam is used alot around London.
I wonder if the reason the company is refusing to accept the CC is because the account the money would go into will be under the control of the Liquidators (and the owenrs would much rather have the payment into a separate account which can't be linked to the company and therefore seized to pay any creditors)?Payment methods were agreeded that we can pay via Credit Card. The work started and once finished we were asked to pay via bank transfer. They wanted the money in a company account which was being striked off companies house. This of course rang alarm bells and told them we would only pay by credit card, which they refused.
We then asked to cancel the contract which we are entitled to because they are breaking there terms of payments agreeded.
Since this has happened i have been told this sort of scam is used alot around London.
Seems OP has been told to bugger of for naming and shaming.
In my opinion if a company is using underhand ways or scamming then I believe it should be allowed to be reported.
The whole not naming is obviously incase the company turns on PH and they end up in court for facilitating it.
However if there is overwhealming evidence then like Watchdog naming and shaming it should be allowed.
In my opinion if a company is using underhand ways or scamming then I believe it should be allowed to be reported.
The whole not naming is obviously incase the company turns on PH and they end up in court for facilitating it.
However if there is overwhealming evidence then like Watchdog naming and shaming it should be allowed.
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