a bit of legal advice needed for a faulty car taken to small claims

pinchkaz

Have taken a small dealer ship to court over the supply of a faulty car . it was found to have serious head gasket failure within a week of having it. As is our right we rejected the car and asked for a refund. Long story short, the dealership refused telling us sold as seen ! hah and verbally abusive on the phone . Have taken him to small claims court. He has not responded to the court at all and tomorrow I am requesting a judgment. He is only a small dealership and we have been informed he has 3 other businesses , he is not limited . our claim is for £4300, I check his web site everyday and he always has about £150 000 worth of cars on his forecourt. Today I checked his Web site and he has changed the companies name. He has not gone Bankrupt or dissolved the company, he has just changed the name from A45 Motor Centre to A45 Trade Centre.
He is trading from the same address with the same phone number. Will this affect our claim as I am asking for a warrant of execution . PLEASE HELP !!! urgent

Master_Blaster

pinchkaz wrote: »

Have taken a small dealer ship to court over the supply of a faulty car . it was found to have serious head gasket failure within a week of having it. As is our right we rejected the car and asked for a refund. Long story short, the dealership refused telling us sold as seen ! hah and verbally abusive on the phone . Have taken him to small claims court. He has not responded to the court at all and tomorrow I am requesting a judgment. He is only a small dealership and we have been informed he has 3 other businesses , he is not limited . our claim is for £4300, I check his web site everyday and he always has about £150 000 worth of cars on his forecourt. Today I checked his Web site and he has changed the companies name. He has not gone Bankrupt or dissolved the company, he has just changed the name from A45 Motor Centre to A45 Trade Centre.
He is trading from the same address with the same phone number. Will this affect our claim as I am asking for a warrant of execution . PLEASE HELP !!! urgent

Who are you claiming against the trader, company or both? If it's just the company you might be snookered.

DTDfanBoy

He's not going to escape anything by simply changing the companies name or using a different trading name.

However if he's formed a new company and plans to dissolve the old one you may be facing an uphill battle.

sh0597

If he's a sole trader it won't make a difference.

motorguy

pinchkaz wrote: »

Have taken a small dealer ship to court over the supply of a faulty car . it was found to have serious head gasket failure within a week of having it. As is our right we rejected the car and asked for a refund. Long story short, the dealership refused telling us sold as seen ! hah and verbally abusive on the phone . Have taken him to small claims court. He has not responded to the court at all and tomorrow I am requesting a judgment. He is only a small dealership and we have been informed he has 3 other businesses , he is not limited . our claim is for £4300, I check his web site everyday and he always has about £150 000 worth of cars on his forecourt. Today I checked his Web site and he has changed the companies name. He has not gone Bankrupt or dissolved the company, he has just changed the name from A45 Motor Centre to A45 Trade Centre.
He is trading from the same address with the same phone number. Will this affect our claim as I am asking for a warrant of execution . PLEASE HELP !!! urgent

I think hes just changed the business name.

https://who.is/whois/a45tradecentre.co.uk

May not be directly to do with you.

Also, according to his previous domain, hes a sole trader, not a company.

https://who.is/whois/a45motorcentre.co.uk

motorguy

Also found this...

http://www.cardealerwatchdog.com/a45-car-centre-in-birmingham-review/

sh0597

If he's a sole trader then that's great news as he isn't separated in liability terms from his business. Bit daft of him.

motorguy

sh0597 wrote: »

If he's a sole trader then that's great news as he isn't separated in liability terms from his business. Bit daft of him.

Indeed. Plus changing the name above the door wont make any difference to the O/P's case. :beer:

jaydeeuk1

Well done op, a lot of people never have the balls to reject a car or are (wrongly) told they must let the dealer fix it first and never go through with court action.

Do let us know what happens.

colino

If this is genuine, you will have some paperwork from him that details you bought the car from, "Joe Bloggs, T/A Driveascrapper Motors". The claim is against him, not a trading device and as a sole trader he has unlimited, personal liability.

pinchkaz

you are a star many thanks for that . I am going to get the bailiffs in . Warrant of execution here I come.