hesitant to process a small claim

shells20

Hi I've been at loggerheads with a used car dealer I purchased my car from. Weeks in I discovered it needed an exhaust part, got quotes like I was advised and also asked said dealer if would like to contribute money towards. After a few email exchanges and a letter outlined 'Citizens advice ', they offered me £300. I accepted. It's been 4 weeks since and 'nasty ' emails from the dealer stating my impatience and 'attitude ' ( I was quite polite ), they were no longer contributing. In a nutshell the dealer wasn't being truthful on 'transfer of money pending'. There were many contradictions and although I hate the word lies, she seemingly lied. I never got anything, which led to my impatience with further emails enquiring. I was more often replied to with a nasty tone. Needless to say they got the 'letter before action ' and no response. In the meantime I've gone on to spend in excess of a £1000 on a car I've had barely 3 months.
I'm their last email she stated the dealership was going into liquidation and paying me nothing. Not sure if this is true.
I'm wondering if it's worth processing a claim for £300 even though her emails are damming but if they are 'skint ' or dissolving the company do I stand to win anything?
Thank you

bris

Winning is the easy part getting paid not so. Used car dealers are notorious for closing companies down to avoid creditors only to open them under a different name.


For £300 though they are not closing it down for that, so they either have much bigger problems or are stringing you along. Start with an LBA this at least costs you nothing and gives them something to think about, it might just call their bluff.

shells20

Already done the LBA and they've ignored it. She said in her last email 'take me to court! !'. I've since done a bit of digging and they have dissolved 4 companies prior and yes I doubt the £300 is the reason for this one dissolving but from my experience with them, they aren't good business people, rude and unprofessional.
I've done everything in order and they've not responded to the last letter. I'm not sure it's worth seeking £300.

NotRichAtAll

May i ask what part you needed for the exhaust? how old the car was? and if it had any warranty was the exhaust covered?

the reason i ask is because you state that "Weeks in" you discovered it needed an exhaust part, could this part not have fallen off while you were using the car? was the car ok when you bought it am assuming you took it for a test drive.

After all that for £300 i would not got to a small claims, i would be a constant thorn in their side and try to reach a compromise

just seen your last reply above, sound like a cowboy firm. Plastic water pistol and brake fluid maybe more satisfying as you walk past their forecourt (not that i suggest you do that nor would i condone that)

shells20

Manifold replaced, 7 year old car and it wasn't covered under warranty. In good faith I asked if they would help and after a slow start they agreed. I'd only had the car 4 weeks at the time. It wasn't an obvious 'sound'. I trusted instinct and got it on a ramp and there was a bad weld and a hole where the weld was.
Bottom line is there are plenty of emails discussing paying me and they haven't.

shells20

The car was not wear and tear on my part. I'd barely notched up any miles.

NotRichAtAll

sounds like a botched up repair to get it past a sale without been noticed by the new buyer.

shells20

Yeah it was a botch. The car wasn't fit really. Has a few problems but almost through them all. Just a very light pocket now.
I've decided to drop it as it's too stressful. I've already had this 2/3 months already and it's likely they'll move on and open another garage. It's not worth the small amount. Although I'd like the whole lot back, that's not going to happen.
I hope they do crumble. I wanted them to have a slap on the wrist more.

unholyangel

I dont think this has been mentioned yet, but how did you pay for the car OP?

As for dissolving a company to avoid a court claim.....the consumer could object to the winding up application. A business like this likely has assets (although what their liabilities are is another matter) so its not necessarily a complete loss - just theres always a risk involved when going through courts that they may not have the assets to cover their liabilities & your claim amount.

However if you paid via debit card then chargeback may help. If you paid via credit card (even a nominal deposit) then you have the exact same rights with the card company that you do the retailer (although i doubt the creditor would dissolve their company just to avoid court) under section 75 of the consumer credit act (providing the actual price of the goods is more than £100).

shells20

I've done a little digging on them and they don't have money except in assets but yes think liabilities similar.
I paid via instant transfer to their business account. The same one she told me had no immediate funds.
I've decided to leave it now as it's been very stressful and it's taken its toll. Still got my health, only money ( money I could have used towards my dream hol of America lol ).
Although I am going to ring a debt collector tomorrow to see if anything they can do. I have proof in emails of our agreement.

bris

shells20 wrote: »

The car was not wear and tear on my part. I'd barely notched up any miles.

Just saying but wear and tear is 7 years of use regardless of who notched up the miles. You probably wouldn't have had a case even if they didn't agree. The fact they did gives you a case for £300 but not worth it if they do this regularly.