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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44901
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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In july this year -- I paid 4,050 American dollars to an American

Customer Question

In july this year -- I paid 4,050 American dollars to an American company for a motor scooter --- this was supposed to be ready within 2 weeks and then 4 week delivery by sea to uk to my nearest port
to date the company has not upheld its agreement and will not communicate
I approached my bank where money was transferred from ( also same as where my bank accounts are held) and they are asking for a refund --- but getting no reply
what can I do
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is Ben and it is my pleasure to assist you with your question today.

Ben Jones :

Do you have details of the company, perhaps a website?

JACUSTOMER-6u98ygej- :

TheAutoMoto.com Corporation company address 15039 Raymer Street, Van Muys, CA 91405, usa

Ben Jones :

ok thanks, I will check a few things on them and get back to you on here today

JACUSTOMER-6u98ygej- :

hi Ben what info do you require

JACUSTOMER-6u98ygej- :

this 3 wheel scooter was ordered in June and receipt payment made on july 6th, promise of two weeks to prepare scooter then 4-5 weeks delivery

JACUSTOMER-6u98ygej- :

Sales person Guy Cohen --- now they will not answer any emails for months now --- and cannot get proper answer on telephone

Ben Jones :

ok thanks, leave it with me please

Ben Jones :

Just to clarify - how did you pay, was it by credit/debit card or a bank transfer?

JACUSTOMER-6u98ygej- :

Hi this scooter was paid by bank draft from my account to Automoto account and have the original account from Automoto which was what was used to wire the instructions from My RBS account direct to theirs --- there account

JACUSTOMER-6u98ygej- :

bank of America, 7060 Sepulveda Blvd, Van Muys, CA 91405

JACUSTOMER-6u98ygej- :

I have copies of the transaction

JACUSTOMER-6u98ygej- :

PS it says no returns on vehicles

JACUSTOMER-6u98ygej- :

But the agreement was --- two weeks to have ready and 4 weeks for delivery to uk

JACUSTOMER-6u98ygej- :

Now they will not answer my telephone calls either

JACUSTOMER-6u98ygej- :

tel no 001 310 601 7220

JACUSTOMER-6u98ygej- :

there must be a head office or somewhere to contact Automot direct

JACUSTOMER-6u98ygej- :

there is no rush -- I will check again to see if any reply --- or tomorrow if you are not ready

Ben Jones :

I have not been able to find any negative reviews of this company which is surprising given the issues you have been experiencing. It is unusual to have such bad customer service confined to one or two customer only and it would usually be manifested more widely but that does not appear to be the case here. Any unfavourable reviews are about the scooters once they have been delivered, not about a total lack of communication and failure to deliver.

I have checked with the California Secretary of State and they are properly registered with them and in good standing. The address they have registered with is the same as the one you have already seen on their website so there is no other address you could use.

In terms of your legal rights, this is where the news is not great. If you have paid with a bank transfer then it is the same as paying with cash. Once you have sent the money, unless the other party agrees to return it, you will find it difficult, if not impossible, to get it back. The bank cannot claw it back and all they can do is ask the recipient to return it but cannot force them to do. You do not get the same protection as if you had paid by credit card. If the recipient refuses to return the money and you have not received the item you paid for then the only viable option of pursuing this is to sue them. However, with them being based in the US and you in the UK it rather complicates matters as you are now involved in cross-jurisdictional legal matters and you cannot just sue them in your local courts as they would not have jurisdiction to hear and pursue the other party. There are complex procedures where you have to get solicitors to issue something known as a 'reciprocal agreement' to try and enforce the judgment abroad, but this is expensive and would still not guarantee you payment.

Ben Jones :

Please let me know if this has answered your query or if you need me to clarify anything else for you in relation to this?

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