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Scammed for £4000 but the detective work continues...

In October of 2015, my friend paid a local car dealer £3800 as deposit for a car that he was purchasing for him. This sole dealer had been in business for 6 months and came highly recommended from another happy customer (a close friend).

As the car was due this seller said that due to heavy debts his company had gone into administration and my friends car and money had gone along with a few others according to this man. Unfortunately my friend did not pay by credit card so his money was not protected.

This dealer then explained that his company was a Ltd company and it had no assets so feel free to go to the Small Claims Court but people will not get a bean.

He ran this car business from a house and after checking with Companies House we found that he hadn't even filed for administration !!

This man had just stole over £10,000 possibly more in a short period of time from a few individuals.

WE HAVE MANAGED THROUGH RESEARCH TO FIND TWO OF THEM as this seller had sold a lot of cars on Facebook and we tracked them down unbeknown to him.

Everyone is being told they will not get any money back but all this man then did was start up another Limited Company and continued selling as before. We have now found out that he didn't actually file for administration until February of this year (4 months after his 'so called money problems').

After looking through this mans history we have since found out that he has been involved in around 9 Limited Company's in the last few years, and some do not even last a year before he opens another one (possibly stealing money again in the process).

We know we have Trading Standards we can go to to report him but my friend really needs his money back !!!

The Police do not seem at all bothered about this theft of up to 5 peoples money even though we have done all the relevant research and produced the facts for them.

A solicitor online asked if my friend paid the man or his business..... ive checked the sort and account details and its coming up as a Personal Account at Tesco bank and NOT a business account SO....... is there any lawful way that as we can't get the money back from his old company, would there be a way of making HIM personaly responsible for it and start proceedings against him ?

My friend who i am acting on behalf of is desperate for advice .... can you or anyone PLEASE help ?
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Comments

  • AnnieO1234
    AnnieO1234 Posts: 1,722 Forumite
    Does your friend have receipts? Do you have the property address? I would be issuing in small claims against the individual concerned personally. Xxx
  • steveyt_2
    steveyt_2 Posts: 53 Forumite
    Part of the Furniture Combo Breaker
    We have the address but as this Dealer keeps reminding people that company is dead and there is no assets.... people will be wasting their money going to small claims.

    The issue here is if we can make him personally responsible if the money was paid to his personal account and not the business account
  • HHarry
    HHarry Posts: 1,012 Forumite
    Part of the Furniture 500 Posts Name Dropper
    I hate to use it as an example as it's TV, but....

    On 'Can't Pay, We'll Take It Away' last night the Baliffs visited a jewellers who owed £6k. He protested that because the new Ltd Company was different to the old they couldn't take his assets. They said that because he personally was named in the claim (as well as the Ltd co) they could take his stock. They got the £6k.

    Like I say it may not be a good example, but might be worth a go.
  • steveyt_2
    steveyt_2 Posts: 53 Forumite
    Part of the Furniture Combo Breaker
    Thing is..... was that owed as in didnt pay a bill whereas my friend is chasing money he has been scammed by.

    Lifes not fair and these con artists know every trick in the book. Shame Police are too bothered catching people doing 35 in a 30 zone to bother catching thief's even though the facts are right there in front of them
  • wealdroam
    wealdroam Posts: 19,180 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    steveyt wrote: »
    Thing is..... was that owed as in didnt pay a bill whereas my friend is chasing money he has been scammed by.

    Lifes not fair and these con artists know every trick in the book. Shame Police are too bothered catching people doing 35 in a 30 zone to bother catching thief's even though the facts are right there in front of them
    There is no theft here.
    Your friend willingly gave the alleged rogue the money.
    That is why the police aren't interested - this is a civil matter.
  • steveyt_2
    steveyt_2 Posts: 53 Forumite
    Part of the Furniture Combo Breaker
    When you say your company has money problems but then he doesnt file for administration until 4 months later but continues to buy cars before he puts a bit on and sells them then that is a well worked out theft from a con man who has just gained over £10k.

    My friends only fault was paying by debit and not credit card
  • wealdroam
    wealdroam Posts: 19,180 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    steveyt wrote: »
    My friends only fault was paying by debit and not credit card

    You've left it a bit late now, there's a 120 day time limit, but a chargeback may've worked with the debit card.
  • lucy03
    lucy03 Posts: 520 Forumite
    Part of the Furniture 500 Posts Combo Breaker
    steveyt wrote: »
    We have the address but as this Dealer keeps reminding people that company is dead and there is no assets.... people will be wasting their money going to small claims.

    The issue here is if we can make him personally responsible if the money was paid to his personal account and not the business account

    Was the original paperwork all in order and referencing a limited company? There is the option of going to a small claims court and naming the individual, rather than the limited company, saying that the sale was a personal one. If the individual doesn't defend the action then it could be enforced - it wouldn't be the first time....
  • agrinnall
    agrinnall Posts: 23,344 Forumite
    10,000 Posts Combo Breaker
    Why on earth would anyone pay £3800 as a deposit? A dealer asking for that much should ring very loud alarm bells.
  • Marktheshark
    Marktheshark Posts: 5,841 Forumite
    Seventh Anniversary 1,000 Posts Combo Breaker
    Deposits and money saving = oil and water.
    Always have and always will.
    Cash and collect exchange is always king.

    If its gone its gone, plenty more.
    I do Contracts, all day every day.
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