ALL UK FERRARI OWNERS MUST READ THIS

Hi Guys,
I have enjoyed this forum for many months, as I am looking to buy a ferrari at the moment. As I was seraching Autotrader this afternoon bored at work, I came across this -

http://atsearch.autotrader.co.uk/WWW/cars_search.asp?page=1&modelexact=1&lid=search_used_cars_full&make=FERRARI&model=ANY&min_pr=10000&max_pr=15000&mileage=&agerange=&postcode=sw1v2ne&miles=1500&max_records=200&source=0&photo=1&sort=3&ukcarsearch_full=SEARCH


Scroll down the page where you will see a CCJ against a well know London Ferrari dealer.

I think we all owe Lynn a big pat on the back for alerting us to this companies bad practice.
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Andrew

Do you have any other pages of the CCJ? or any more info on what the CCJ is over?

RC are advertising in this weeks autosport for staff




I've emailed the person who placed the ad on the autotrader site for details, please take this ccj with a pinch of salt until we get confirmation of what the CCJ is over

 

I have spoken with Lynn and she told me she went to buy a Maserati from Rosso Corsa. She paid a £15,000 deposit and then claims to have neither got the car or her deposit back. The CCJ is from the legal action that followed.
She invited me or anybody else who wishes to see the case folder in her office in Dorset.
It looks a genuine document and she seems completely genuine.
I would not pay to much attention to seeing job adverts in Autosport, I have lost count of how many times I have seen race teams advertise in there and gone bust the next week.

 

Hey Andrew

Welcome to Ferrarichat

Sounds an all too familiar story, dodgy specialist takes deposit and tells customer to go jump for the car, I'm currently helping an aussie get £15k back off a local Rolls/ferrari "specialist" I know of who did the same sort of thing, ammusingly his add for a Ferrari (167 miles away) was in the same trader search!

I thought the add in autosport was a bit strange.....why would any business need so many people from the receptionist to the workshop manager at one go.........unless......hmmmmm wonder how many people are still working there?

 

Well all I can do is wish both you and Lynn good luck in your cases.
I just wanted to air this case to make sure no other members of the Ferrari or exotic car community experience this.
Hopefully the market will take hold soon and put sure poor traders out of business.

 

I've also just spoken to Lynn, her case details the following facts (as per the legal papers and judgement)

Lynn Paid RL/RC a £15k deposit on a Maserati Coupe, the car for various reasons was not delivered (none of which make a whole heap of sense) when Lynn tired of this she asked for her deposit back......and got told it was non refundable....which is very naughty as unless its stated and agreed to all deposits are refundable rather than the claimed non-refundable

Aparently it's now been taken up by "watchdog" on the TV

 

I would imagine that if Lynn and yourself have got a £15k judgement against this company, it will be a case of sending round the bailiffs to seize £15k worth of goods.
I would guess that they must have some of their own stock.

 

I understand that Lynn will or has been taking that approach, in the case of the Aussie chap, turns out the trader in question hides behind a pair of locked gates therefore denying access to the bailifs and doesnt legally own anything of any real value.

Both cases of "buyer beware"

 

Unfortunately Lynne is not alone in this.

In September 2005 I appointed Rosso Corsa as agents to sell my Maserati 3200 GT. According to the DVLA the car changed ownership shortly afterwards......I am still waiting for my money.

I too have a CCJ (in the amount of £20,000) against Richard Lukins and Rosso Corsa Sales Limited.

I think it would be in everyone's best interests if Lynne and I could be put in contact with one another; is this possible?

 

Did you give them the logbbook as well as the car ? How could they transfer owners without the documents ?? Not being clever just a question .Hope all turns out well

 

Good point, Ray.
But I would guess that if you are happy enough to entrust someone with your pride & joy then you would be keen to accomodate their requests. (such as - 'can we have the log book - so that we show prospective customers')

I have never sold a car on a SOR basis & had never considered this point. Presumably reputable dealers would only request the logbook when funds change hands?

 

Normally the money from the buyer goes straight to the cars owner, who would then sign the logbook, the dealer would then invoice the seller for the agreed costs..........

 

My number is 07843 095038 Please feel free to call to discuss with me or Daniel my husband

 

They Hid behind a new company name of Prestige Automotive Group Limited/Richard Lukins and claimed that any assests were now in this name.

Edward Lukins the lawyer resigned from Rosso Corsa in Feb just before a winding up order was placed on it and Richard is now personally bankrupt

He still advertises in Auto trader under the name of Rosso Corsa Sales Ltd.
The autotrader withdrew my ad soon after it was published saying it is not for a car but it seems to have had the desired effect as you guys are talking about it.

If anyone wants to phone me i will be happy to discuss.

Lynne 07843 095 038

 

Hi Andy i have sold four Ferraris on SOR with main dealers the last one my 550m and the best i give them is a colour copy which aint worth siht to them if it all went wrong but they could still show a customer the copy

 

Lynne,

If Rosso Corsa has been wound up have you approached the receivers to see where you stand? If he is still advertising then that can be construed as still trading. This may be wrongful or fraudulent trading depending on the facts. Fraudulent trading is a criminal offence if I recall correctly. There may be some of this going on before the co. was wound up.

There are a number of things you can do but it all depends on the facts. Its been a long time since I have done any insolvency law but do feel free to PM me and I would be more than happy to help where I can.

HN.

 

I Know what I would do

 

parking a van outside with a big sign on it warning other people is always a good start.......ask Mercedes Wirral if that had any effect

 

lol

IT TOOK THEM A WHILE TO GET THE MESSAGE ANDREW

 

Lynne,

I will call you. Before learning of the winding up order / bankrupty, I had instructed my solicitor to contact Croydon County Court (where my order was obtained) to appoint court bailiffs to pay them a visit. Perhaps need to review whole strategy in light of fact that this is clearly not an isolated incident as we are both in similar position.

The legal advice I have also been given suggests that now this matter does not necessarily rest as a civil case.

Just for info. I have also contacted the Met Police fraud office who didn't want to know and advised autotrader.....likewise! Said they would take advice from Trading Standards / Police.

I visited 9, Cumberland Avenue last week to check that they are still trading and can confirm that apart from the ads in places like autotrader, they are still very active.

 

You need to speak to the Receiver who will want to know if there is evidence of wrongful/fraudulent trading. There should have been a creditors meeting at some stage and this would have been an ideal situation to bring your matters to the receivers attention.

You need to find out what exactly has happened to RC and RL.

 

A strongly worded letter from your solicitor to the auto trader asking if they would like to share any future responsibility should do the trick

Harry, how do you find out who's the reciever in a bankruptcy case?

 

Click on the link below:

http://www.insolvency.gov.uk/eiir/IIRCaseIndivDetail.asp?CaseId=42114883&IndivNo=1&Court=HIGH&OfficeID=143&CaseType=B

or phone Lynne Durrant on 07843 095 038

 

STILL HAS PENTY OF CARS ON STOCK IN THE GARAGE AND ADVERTISED EVERYWHERE

 

Andrew, the Receiver would have written to the creditors. If not you can do a search at companies house and it will tell you who the Receiver is. Companies House site is closed during weekends but I can find out in the week.

Lynnes link is for Lukins own personal bankruptcy.

It also depends on whether they were forced into liquidation or whether they just decided to dissolve the Co. themselves in which case there wont be a Receiver. You can usually stop a voluntary dissolution if you have a pending case or judgement.

A Director may become personally liable where they have been found guilty of Wrongful Trading. This is one reason why a Director would make himself personally bankrupt.

If RC has been wound up and they are still trading then this may be Fraudulent trading (depending on what they are doing). Therefore you would want them to continue advertising and try to catch them doing it.

It would be interesting to see what exactly happened to RC and what is happening now.