Legal Action against Limited Company

mi33cupc@ke

Hi all, I wonder if anyone could please advise me. To cut a long story short, a few months ago we bought car from a dodgy dealer for £1500. A few weeks later the car started having numerous problems and need vast repairs. The trader would not refund us or make good. We have spent nearly £2000 to make the car roadworthy (as it was deemed unfit for the road). Now the car has broken down and we just can't afford to fix it any more. I started a claim against the trader on moneyclaim.gov and as they did not respond I requested judgment against them. I have now received a letter from the court saying they cannot register a judgement against a limited company/firm - even though moneyclaim says you are able to do this. I have checked with Companies House and the firm is a Private Limited company.

The court has asked me to clarify the information and has asked me to advise them if the Judgment relates to:

a) Limited Company trading as a firm
b) Joint judgment against limited company and firm
c) Firm only
d) Limited company only
e) Firm part of address for limited company eg accountants or solicitors
f) Other - please specify

I'm not sure what any of these mean, could someone please possibly shed some light? I'm so worried about this I can't sleep at night and its made my already enormous debt even worse!

Thanks in advance.

Equaliser123

If you sued a private Ltd then you need to tell the Court d). What was the Defendant title on the claim form?

hethmar

You can always telephone the court and ask their advice. I do hope you get it sorted. You may want to involve Trading Standards aswell.

Equaliser123

hethmar wrote: »

You can always telephone the court and ask their advice. I do hope you get it sorted. You may want to involve Trading Standards aswell.

Doubt Tradings Standards will get involved if the dispute has been resolved by a judgment.

hethmar

I didnt think it had yet been resolved?

mi33cupc@ke

Thanks for replies, Trading Standards have been made aware, would I be better off going through them in order to get my money back? The dispute is still ongoing as judgment has not been granted yet.

The Defendant was not named in the dispute as I don't have his name, so I just put the name of the company down.

Equaliser123

jools02 wrote: »

The Defendant was not named in the dispute as I don't have his name, so I just put the name of the company down.

That doesn't make sense. The Defendant is the company (i.e. the one who sold you the car).

mi33cupc@ke

Equaliser123 wrote: »

That doesn't make sense. The Defendant is the company (i.e. the one who sold you the car).

Sorry I think I got the wrong end of the stick, I thought you meant had I named him personally. The company name is down as the Defendant.

mi33cupc@ke

Equaliser123 wrote: »

If you sued a private Ltd then you need to tell the Court d).

If I confirm that they are a limited company only, does this mean a judgment cannot be registered against them? The letter from the court says; "We are unable to register a limited company/firm, please advise whether the judgment relates to ..." and then the list as in my first post.

Equaliser123

jools02 wrote: »

If I confirm that they are a limited company only, does this mean a judgment cannot be registered against them? The letter from the court says; "We are unable to register a limited company/firm, please advise whether the judgment relates to ..." and then the list as in my first post.

Yes you can.

This is one of the huge disadvantages of using MCOL in my view.

Freddie_Snowbits

Jools is this the same car the exhaust dropped off on and those so skilled engineers at kwik fit did you on? https://forums.moneysavingexpert.com/discussion/2700949=

Just curious, as obviously the advice given has not been used that's all.

Freddie note.

Normally when I have run my motor into the ground it will require a new cam belt, brakes, tyres etc. That is not worth me the previous owner doing at all, but I get a decent trade in. The garage that buys my car will want its money back, so my old moter will end up on the back street, without a warranty. Tough the world is, but for £1,500, expect to do some work. If you cannot afford to do this work, then do not buy the car.

As for the actions OP has done since the exhaust came off, I am sorry, The Martin Inns Lawyers Society cannot be used as a signe of true advice that 30 minutes with a decent solicitor could.

And I am afraid, the answer would be the same.

Oh, as MOT, yes my car can pass an MOT with tyres with 3mm of tread. It would still have an MOT 11 months later, whether the tyres have any tread are irrelevent to the MOT