Small claim against dissolved limited company

omelettesandeggs

(there was a breach of contract in that the car's engine blew up within a month)

HappyMJ

omelettesandeggs wrote: »

(there was a breach of contract in that the car's engine blew up within a month)

Wouldn't the company's name be on the receipt/invoice?

Did you pay by credit card?

LABMAN

omelettesandeggs wrote: »

(there was a breach of contract in that the car's engine blew up within a month)

Possibly perhaps...from the traders POV it may be down to something you have caused? What's the story? Please don't drip feed info. as it just prolongs things

Ectophile

HappyMJ wrote: »

Wouldn't the company's name be on the receipt/invoice?

Just to add to that, any official paperwork from a company must state the name of the company, its registered address and the company registration number.

If the invoice doesn't state any of that, then you may have a case for suing the person who sold you the car on the basis that the company didn't sell it.

omelettesandeggs

It's difficult to want to divulge too much as the case is ongoing. My question isn't concerned with validity of claim. Car faults haven't been contested only that the sellers are claiming not to be liable.

If this was a moral case it would be straight forward but obviously our success relies on what they are legally liable for not what there might be compelled to do ehtically.

Duo set themselves up as limited company, sell dodgy car, dissolve company, we claim for cost of repairs we paid to get the vehicle into the condition it was described as being in when we bought it and they claim no liability due to us buying it from a (now dissolved) limited company.

My question is if there is any guidance anyone knows of regards the point within the trading standards which stipulates that:

"If a trader fails to disclose that they are a limited company and there is then a breach of contract, the consumer may be able to claim against the directors of the business as individuals".

It seems wishy washy to me but it must be there for a reason and so could be relied upon perhaps?

omelettesandeggs

hollydays wrote: »

It's only that there may be more information about them online that you haven't discovered

We found lots of info - turns out one of them is a convicted fraudster. Google Nigel Thorne.

omelettesandeggs

omelettesandeggs wrote: »

We found lots of info - turns out one of them is a convicted fraudster. Google Nigel Thorne.

*nigel thorne cardiff to narrow it down

unholyangel

Did you buy the car either on finance (that the dealer arranged - a personal loan from your bank you just happened to use to buy a car doesn't count) or with a credit card?

ETA: I know it doesn't relate to the questions you're asking but if you did pay by either of the above methods, you will be able to hold the creditor jointly liable.

omelettesandeggs

Cash sale

omelettesandeggs

unholyangel wrote: »

Did you buy the car either on finance (that the dealer arranged - a personal loan from your bank you just happened to use to buy a car doesn't count) or with a credit card?

ETA: I know it doesn't relate to the questions you're asking but if you did pay by either of the above methods, you will be able to hold the creditor jointly liable.

section 75? Not applicable here sadly