Claiming against Sale of Good Act 1979

fortunechange

Please can someone help me, I am at my wits end...

The short version is, that we purchased a car from a trader. Less than 48 hours later, the car suffered a serious fault causing £1500 to the engine. We went back to the trader who sent his mechanic to fix it and all was well.

Three weeks later, the car once again suffered the exact same fault, causing another £1500 worth of damage to the engine. We went back to the trader, who then washed his hands of it and said "I'll see you in court".

We approached trading standards who were about as much use as a sack of sh*t and said we had no case. We have since spoken to a solicitor who says that we do have a case and we would win in the small claims court. So we were hoping to start proceedings against them.

However, we have just discovered, that TWO DAYS after saying that he would see us in court, the sneaky bast*rd closed the Ltd company that we bought the car through and opened a new Ltd company under a different name - same bloke, same business, different business name. He knew that we would win, and he has jumped ship so that we can't do anything.

Does anyone have any idea what we can do about this?

Retrogamer

I don't think there is anything you can do legally to pursue refunds or repairs any longer.

From a legal standpoint, you have a dispute with a business that no longer exists anymore.

What was the part that failed and what damage did it do?

bris

It's what they do on a regular basis. You case died with the old ltd co.

fortunechange

I was afraid you would say that

One of the tensioning pins for the new cam belt that he fitted as part of the sale sheared off. Basically caused the same damage as if a cam belt snapped, so damaged pistons, rocker arms etc.

The second time, the exact same pin sheared off again, so the tensioning was still wrong after he fitted it.

Do you think that we could persue the mechanic for not fixing the problem correctly? I would feel bad doing that because he was an independent mechanic that the trader used to fix his cars, and if the transaction was between them two then I was never involved in that really?

How can it be legal when he shut down the company as a direct retaliation to me taking him to court, that's dreadful!!

wealdroam

fortunechange wrote: »

Do you think that we could persue the mechanic for not fixing the problem correctly? I would feel bad doing that because he was an independent mechanic that the trader used to fix his cars, and if the transaction was between them two then I was never involved in that really?

No you can't.
As you say, the mechanic was employed by the Ltd company, so he only owes a duty of care to the Ltd company that no longer exists.

fortunechange wrote: »

How can it be legal when he shut down the company as a direct retaliation to me taking him to court, that's dreadful!!

You need to speak to your lawyer about that, but frankly I'd try to forget it.

fortunechange

So it seems that we don't have a leg to stand on.

Why is it always the same that these fraudsters get away with murder and those of us who are innocently plodding along with our lives get screwed over time and again.

There is something very wrong with the world

Thank you for your replies everyone.

gik

fortunechange wrote: »

So it seems that we don't have a leg to stand on.

Why is it always the same that these fraudsters get away with murder and those of us who are innocently plodding along with our lives get screwed over time and again.

There is something very wrong with the world

Thank you for your replies everyone.

It's the way of the World unfortunately. After your home a car is usually the most expensive purchase you are likely to make. That being so you really have to do your research about who you are dealing with before parting with your hard earned. Naming and shaming helps others BTW.

ThumbRemote

How did you pay for the car?

InsideInsurance

Winding up a company doesnt happen in 2 days as it requires 3 months notice to be given which is publicised to give creditors time to object during which it cannot trade.

Assuming you mean hes started the winding up process then your solicitor will already know how to object to the winding up and halt the process to allow the court case to occur.

fortunechange

He started winding it up in March when the car broke for the second time, think it was finalised in July.

We have been pursuing a refund through credit card due to no response from him, as we paid for part of it on credit card, part cash, part debit card and part exchange of our old car.

Credit Card company have thrown it out, but it has taken them four months to do so. We received a final no from them yesterday, spoke to a solicitor who said to go to small claims and then when we went to write to him to do that, found that his company has changed names.

Happy to name and shame, Marios Motors, Ilford, now trading as MMRMCARS LTD. Do not ever do business with the man.

you really have to do your research about who you are dealing with before parting with your hard earned

True, but what more can you do than buy what seems to be a genuine car, from what seems to be a genuine, ltd company trader, advertising on autotrader, with a website and ask all the right questions at the time and check it over as thoroughly as you can? We asked if he had had the cam belt done as it was approaching the time when it needed done in miles, and he said yes.

gik

What reason do the credit card company give for 'throwing it out'? They are jointly and severally liable in law.