Small claim against dissolved limited company

ThumbRemote

I would pay a lot more attention to dauphin's excellent and factual post (#27) than the unsubstantiated guesswork of Silver-Surfer and Somerset!

Somerset

omelettesandeggs wrote: »

Ahh ok so it's not the distinction of "Limited" that's an issue just whether it's a company at all would be a failure to disclose. If they led me to believe I was dealing with an individual rather than a company then the individual could then be liable - that's the point of it?

No. I'm sorry but I don't get what you aren't getting.


You bought from a company. The company was called sellcars2you. You were aware you were buying from sellcars2you. Your receipt says sellcars2you. There is nothing in your post to suggest you thought you were buying from ''Tom Smith''


I absolutely don't understand from the information provided, why you say you thought you were dealing with and buying from an individual ?

omelettesandeggs

ThumbRemote wrote: »

I would pay a lot more attention to dauphin's excellent and factual post (#27) than the unsubstantiated guesswork of Silver-Surfer and Somerset!

Thanks for this - starting to get a bit depressed.

Guesswork is ok. It's easy to spot and mostly well meaning but what I object to is the curt and disrespect in some of the replies - not in keeping with the websites ethos and unpleasant to witness. I was reaching out for help no one is obligated to read or reply.

I think i've gotten the little I can from this exercise. Thanks all, especially the well meant informative posters x

omelettesandeggs

Somerset wrote: »

No. I'm sorry but I don't get what you aren't getting.


You bought from a company. The company was called sellcars2you. You were aware you were buying from sellcars2you. Your receipt says sellcars2you. There is nothing in your post to suggest you thought you were buying from ''Tom Smith''


I absolutely don't understand from the information provided, why you say you thought you were dealing with and buying from an individual ?

Sellcars2you as written and stated is not sellcars2you limited. He could have been a soletrader or self employed for instance. If a limited company affords the director protection and limits your rights as a consumer then failure to disclose the limited status of the company as set out in the trading standards AND omit the limited company status from all stationary, websites, addresses etc that might give me cause to be able to pursue the director.

I never said or implied I thought I was dealing with an individual. Don't get !!!!y, there's no need.

arcon5

so they the idiots have realised they can't just ignore the paperwork they will apply to the courts for it to be reheard and the name adjusted.

You got immensely lucky here. But still doesn't mean it's over as they likely paid to be rid of the bailiffs with a view of having it set aside

arcon5

This threads a bit of a roundabout.

Ops been given a lot of information and is only reading the bits she wants to. Maybe we should just tell her what she wants to hear and be done with this whole thread

Manxman_in_exile

OP - surely your original question does imply that you thought you were buying from one or possibly two individuals? Reading your first post at face value you want to know if you have any remedy against the ex-directors because the fact they were operating as a limited company was concealed from you. So who did you think was selling the car?

omelettesandeggs

Update for anyone here hunting information for their own situations. The defendants settled in the end although we accepted a few hundred £'s less than the full claim amount. Fortunately/unfortunately the original questions in this thread remains untested but it did press their solicitors to negotiate at least. It's taken a year, it's been stressful, we have flipped between being certain of a win and certain of failure in near equal measures. Advice I would give is do as much research as you can - there's all the info out there somewhere though it's often down to interpretation (which is where the doubts can lurk) and more often than not difficult to get access to if it is in anyway considered personal data. For example we contacted trading standards (under the remit of Citizen's advice) to see if they had any other complaints against the company. They told us they did but couldn't disclose any details due to the data protection act and if yours (like ours was) is a civil case then the door gets shut. I understand why but it makes for very frustrating detective work though there's still there's value in the titbits one can glean. There are lots of places to look for info but it pays to be inventive and one line of enquiry will often turn something else up. Another point I think is important to say here is don't be afraid to get a bailiff involved. We used High court enforcement group and they were very helpful. It wasn't until they were involved that the defendants started to engage in the matter in the first place. One last thing and this isn't intended to be an inflammatory remark but whenever trying to reach out for help try and take the advice you're given (especially on forums) with a skip load of salt. Few, if any are professionals and often don't have any idea what they're taking about which is unhelpful and frustrating. There are some absolute gems out there who really do want to help and there are those who will comment on anything just for an opportunity to be heard. Have a look at what else they have been commenting on if you can and you'll soon see a consistent tone to their writings - don't let the !!!!!!!s grind you down.