Small Claims - Refund on used car

Silent_Dancer

knightstyle wrote: »

Can't help with the question but make sure they are still trading under the same name before you go to court and then before paying for bailiffs.
Car dealers are well known for frequent changes to avoid paying court awarded compensation.

This is my big concern that I will win the claim but I am unable to recover the judgement due to a slight of hand over legal entities.

Silent_Dancer

Went for judgement on Boxing Day as no defence had been filed. Judgement was rejected as last minute defence came in yesterday.

Defence consists of them maintaining that the problems with the car are wear and tear and that the advertised 80 point check had taken place.

At least they have admitted the car is subject to a 12 month warranty. I am unable to find any details of warranty. Am I able to write to them requesting they supply the terms and conditions? Can I ask for further information in support of the defence?

Computersaysno

You could do a SAR [Subject Access Request] under the ICO procedure.....but I wouldn't hold your breath for a suitable reply [although you could then complain to the ICO...but again I wouldn't hold your breath for the ICO action!!!!

Computersaysno

Crack on and get your witness statement together and get them into court asap.


You've got a great chance of winning.....now enforcement might be a different matter!!


Never sue a 'man of straw' [ie no assets]......make sure they don't 'phoenix' the company and when you win make sure you pay the £60 to get it up to the High COurt for decent enforcement action.

DoaM

Silent_Dancer wrote: »

I paid for the car by direct transfer to their bank account.

Oh dear ... that should have been a huge warning flag. Unfortunately I think you've seen the last of your money, and the court action will ultimately be futile - the defendant will simply disappear once the claim is lost.

Silent_Dancer

Computersaysno wrote: »

Crack on and get your witness statement together and get them into court asap.


You've got a great chance of winning.....now enforcement might be a different matter!!


Never sue a 'man of straw' [ie no assets]......make sure they don't 'phoenix' the company and when you win make sure you pay the £60 to get it up to the High COurt for decent enforcement action.

Do you know how long it should take before we move on to the next stages? Is there any way of speeding things up?

They are worth suing as there is no problem with assets as there are several cars on their lot to seize. I feel the risk is that they'll fold the company. If anyone now's any tips to stop this happening it would be appreciated.

Computersaysno

Silent_Dancer wrote: »

They are worth suing as there is no problem with assets as there are several cars on their lot to seize.

ONLY if the assets are in their name.....if they have them 'on behalf of customers' to sell or they bought them in a different name [and can prove it] then it might be harder.


Luckily the starting point with HCEOs is that the items are presumed to be the garage's assets UNLESS the garage can prove otherwise.

Silent_Dancer

I now have a court date in mid June.

One of the frustrations of the process is that the car dealer has dragged it out. He said he would he would take part in mediation but did not make himself available for an appointment and he has responded to court papers on the last possible day.

We are shortly coming up to the point where I need to pay the court fee. I believe I have a strong case with an RAC report and letters from other customers stating how he has conned them. The only weekness I have is that I still have the car and it has been used by me to commute to work.

The dealer has produced no evidence that he acted diligently and professionally. He has also refused to negotiate.

Silent_Dancer

Court hearing was this morning. Car dealer failed to file a defence and do not show. The judge found for me and awarding me a full refund, costs and interest. They have 14 days to pay. If they fail to pay I can transfer to the High Court for enforcement.

m0bov

Well done!