Car dealer wants to deliver faulty car before court

shauniebabe

Hi,

I wonder if you could give me a bit of advice I've a long running saga with a trader that sold me a faulty car. We formally rejected the car and have taken the case to the small claims court for which we are awaiting a hearing. This has taken an age as the dealer has asked for extra time because of family business, taken time with paperwork, etc.

We haven't been staying at our home because of caring for the mil who isn't well at the minute and have been since the 11th of February. The cars gone out of our head and we presume we are still awaiting a date (they've changed the courts because of staff redundancies and closures and told us that there would be a wait). On returning to the house these weekend we found a letter from weds 16th of may saying he was returning the car to us and if we continue court action will launch a counter claim for storage.

This is with a letter from trading standards agreeing he can do this but ignorant of the facts of what's been happening. To be honest trading standards is a different matter all together as throughout this she's been giving conflicting advice to what consumer direct, cab, a soliciter and others have given.

So the question is can he return it and can he launch a counter claim?

Thanks in advance!

Premier_2

shauniebabe wrote: »

Hi,

I wonder if you could give me a bit of advice I've a long running saga with a trader that sold me a faulty car. We formally rejected the car and have taken the case to the small claims court for which we are awaiting a hearing. This has taken an age as the dealer has asked for extra time because of family business, taken time with paperwork, etc.

We haven't been staying at our home because of caring for the mil who isn't well at the minute and have been since the 11th of February. The cars gone out of our head and we presume we are still awaiting a date (they've changed the courts because of staff redundancies and closures and told us that there would be a wait). On returning to the house these weekend we found a letter from weds 16th of may saying he was returning the car to us and if we continue court action will launch a counter claim for storage.

This is with a letter from trading standards agreeing he can do this but ignorant of the facts of what's been happening. To be honest trading standards is a different matter all together as throughout this she's been giving conflicting advice to what consumer direct, cab, a soliciter and others have given.

So the question is can he return it and can he launch a counter claim?

Thanks in advance!

Could you photo/scan a copy of the letter from Trading Standards please (with personally identifiable information removed) and post here? Thanks
There could possibly be a basis for a claim against the solicitor if they gave you poor advice.

Who's car is it? If yours, then why should the dealer store it for you whilst you pursue legal action? Surely better you hold onto it so the dealer can't tamper with your evidence?

If you make a claim, then the defendant can of course attempt a counter claim. The court will decide whether such a claim should be heard and, if it is, the outcome of such a claim.

The dealer could also possibly make a claim against you even if you don't pursue a claim against them, but it doesn't sound like they can be bothered unless you insist on pursuing this matter to court.

maninthestreet

Of course he can launch a counter-claim, but it doesn't mean it will be successful.

vax2002

Is this a LTD company you are suing .
VERY IMPORTANT !

mkaibear

shauniebabe wrote: »

Hi,

I wonder if you could give me a bit of advice I've a long running saga with a trader that sold me a faulty car. We formally rejected the car and have taken the case to the small claims court for which we are awaiting a hearing. This has taken an age as the dealer has asked for extra time because of family business, taken time with paperwork, etc.

We haven't been staying at our home because of caring for the mil who isn't well at the minute and have been since the 11th of February. The cars gone out of our head and we presume we are still awaiting a date (they've changed the courts because of staff redundancies and closures and told us that there would be a wait). On returning to the house these weekend we found a letter from weds 16th of may saying he was returning the car to us and if we continue court action will launch a counter claim for storage.

This is with a letter from trading standards agreeing he can do this but ignorant of the facts of what's been happening. To be honest trading standards is a different matter all together as throughout this she's been giving conflicting advice to what consumer direct, cab, a soliciter and others have given.

So the question is can he return it and can he launch a counter claim?

Thanks in advance!

http://www.honestjohn.co.uk/faq/consumer-rights/

I'm assuming you have returned the car, keys and all paperwork, and sent a letter via recorded delivery to state that you are rejecting the car as "not of satisfactory quality"? In which case you have formally rejected the car and he can't claim for storage.

If you lose your court case and the car is therefore yours (so you effectively haven't rejected it), then he can charge you for storage, I suspect. Not a lot of info on the internet about it.

I would suggest a quiet word with Trading Standards at this point, asking them how it works, would be best.

shauniebabe

Hi, yes it is a ltd company.

The car has been formally rejected with keys paperwork letters etc all recorded delivery and as stated.

The information given by the solicitor ties in with the cab, consumer direct and other various paths I've been down including checking it myself. The only person to give advice/information against everyone else is this certain trading standards officer. So much so that people thought the information given had been made up until they had seen it was in written form. For instance they contradict their own information, they ignore that the dealer admits in writing the vehicle is faulty, they make assumptions rather than dealing in facts etc.

If I win the case I will take this further with the local trading standards.

Thanks for the advice, it looks like yet again everything is on the dodgy dealers side.

Premier_2

Any chance of seeing that TS letter please?

vax2002

If this is a LTD company if they fold, they have your money and the car, the excuse of closing offices rings alarm bells.
You could end up loosing both.
Have you credit checked and CCJ searched both the company and its director ?
You may win the case which orders them to refund you, they dont and the CCJ can not be enforced as the LTD company has liquidated.
A very dangerous position to be in.
My thoughts would be what is the value of the repairs the car needs ?
It may have been more prudent to claim back the repairs as you would still have the car.
What you are presenting them with at present is a golden chance to pull a fast one.

The actual real world of county courts and LTD companies is a very long way from cut and dried version and getting the money when dealing with a LTD company can be a near impossibility, they can fold in a flash and all is lost.

I would certainly do some digging before allowing a court to award you your money back by way of a CCJ for that presents an opportunity for both to be lost.

colino

Get your solicitor on the case, ignore TS, you have already exhausted their tenuous "abilities".
By "returning" the car, has he dumped it on your drive or awaiting you to collect? Either way, your solicitors letter will remind him that it is of no concern to you, the cars fate, as you have properly rejected it.
Do you have a proper solicitor on the case, i.e., not the guy who processed your house purchase/divorce, but a proper advisor/negotiator/litigator? If not, get one.

vax2002

I would say a Good think is in order, whilst the legal case is technically correct, the following realms have to be taken in to account.
This is a Limited Company, it's liability is limited .
What you see is often not the companies assets, the assets could be as little as a phone, a desk and a chair, everything else can be quickly moved to another LTD company, leaving nothing behind or leased from another company owned by the same guy..
You win the CCJ.
The Bailiffs go in to find the company has folded, the car was sold for spares, and no assets remain in the name of the company, you get a share of a table, a chair and the phone.
The garage is open and thriving as it is another LTD company and assets were sold by treaty by the old one.
Your debt is with the "old " company, nobody is personally liable.
The car is gone, the money is gone and you have a bit of paper saying CCJ for a dissolved company.
The trader is up and running as normal in the same place with the same cars just a new company.
Unfortunately this is what happens all to often in these cases, armed with your sword and advice of solicitors off you ride, to find no victory left to seize .
Dealing with any LTD company is a very risky business indeed.
At least if you have the car, you would have some assets.