Small claim against dissolved limited company

omelettesandeggs

arcon5 wrote: »

If a company owes you money and you can prove it then you can appoint them. But at present you are currently posed with some problems

- you can't prove you are owed money as it is disputed

Thanks for all this.

That we are owed money hasn't been disputed only that because the car was sold to me by the director of a limited company which has since been dissolved, there is no one to get the money from.

I'm trying to find a way to find a way to exercise my consumer rights to cost of repair to a faulty item explicitly not as described. So far I have the consumer rights act to legitimise the costs of repair (with professional proof that the fault was there at point of purchase) which hasn't been denied by the seller. The seller doesn't care that the car was broken only that they're not liable because of their limited status.

I was hoping to use the point in the trading standards to pursue the directors themselves as the company doesn't exist anymore, also I believe that the transaction fails the fairness test under the unfair contract terms within the consumer rights act. Given the current situation I am being "being denied full redress if things go wrong".

I'm hoping that limited status doesn't absolve the director from all responsibility or else how can I exercise my rights as a consumer - rendering the act impotent in certain but not exactly exotic scenarios.

wealdroam

Somerset wrote: »

Who did you think you were buying it from ? (and paperwork/invoice/receipt supports this belief )
John Smith
John Smith T/A John Smith Motors
John Smith Motors Ltd


First step-who did you buy from? What did the paperwork say?

You are of course right to ask those questions, but what makes you think the OP is the slightest bit interested in supplying that information?

The OP's post that you have quoted makes it quite clear that he cannot be bothered with that sort of stuff.

omelettesandeggs

Somerset wrote: »

Who did you think you were buying it from ? (and paperwork/invoice/receipt supports this belief )
John Smith
John Smith T/A John Smith Motors
John Smith Motors Ltd


First step-who did you buy from? What did the paperwork say?

sellcars2you - taken from web address and receipt

sjbrun

On companies house sellcars2you registration number is: 08356087

Did you search their trading name on companies house before handing over the cash?

omelettesandeggs

sjbrun wrote: »

On companies house sellcars2you registration number is: 08356087

Did you search their trading name on companies house before handing over the cash?

No. found this information out after taking a small claim against the company. We were awarded judgment by default but in finding more information to give to the bailiff we discovered the dissolved status of the limited company. The bailiff said we had to get their address changed to their home address for him to do anything. We then set the writ aside and filed a new claim against both people involved T/AS sellcars2you at their home address.

Again we we awarded a judgment by default. This time when the bailiff went knocking (both defendants registered at same address - father and son) he managed to get £1000 with the rest promised later. In that time one has filed a defence the other moved to Dubai so isn't pursuable the little monkey!

lincroft1710

omelettesandeggs wrote: »

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

It appears from https://www.companiesintheuk.co.uk/ltd/sellcars2you the company had one director - Jacob Thorne, aged 24

lincroft1710

omelettesandeggs wrote: »

No. found this information out after taking a small claim against the company. We were awarded judgment by default but in finding more information to give to the bailiff we discovered the dissolved status of the limited company. The bailiff said we had to get their address changed to their home address for him to do anything. We then set the writ aside and filed a new claim against both people involved T/AS sellcars2you at their home address.

Again we we awarded a judgment by default. This time when the bailiff went knocking (both defendants registered at same address - father and son) he managed to get £1000 with the rest promised later. In that time one has filed a defence the other moved to Dubai so isn't pursuable the little monkey!

So you have already been to court and obtained judgement, why didn't you say this in your first post!!

omelettesandeggs

Yes I know, he's the defendant. Nigel's in Dubai. Sorry for what I've said which might suggest i'm not over the basic facts of whats going on here - but this isn't very helpful.

omelettesandeggs

lincroft1710 wrote: »

So you have already been to court and obtained judgement, why didn't you say this in your first post!!

Because It's irrelevant. I got the judgment by default ie they didn't respond. Now the bailiffs have been round to their house they're defending. The defendant is an ex director of a limited company I bought a car from and as it's being suggested that due to the company's limited status, he's immune, i'm trying to find ways to make him accountable.

Silver-Surfer_2

omelettesandeggs wrote: »

Because It's irrelevant. I got the judgment by default ie they didn't respond. Now the bailiffs have been round to their house they're defending. The defendant is an ex director of a limited company I bought a car from and as it's being suggested that due to the company's limited status, he's immune, i'm trying to find ways to make him accountable.

One would think the fact you have been awarded a judgement is very relevant.