Case Thrown Out chances?

Cunningham

Hello, Thanks for taking the time to read this thread any advice would be much appreciated,

December 2018 we purchase a car from a used car dealership for £3995, just 2 days after we rejected the car due to mildew the car had soaking wet roof and the boot was a bath of water.

We spoke to the dealership and they advised it's because they have an open boot during on sales yard.

We did not believe this because we saw there was no water day before when it was not raining so we had to take it to a garage to see if it was an easy repair to keep the car and they strongly advised not to keep the car as it has been leaking for a long time and could have a lot of issues down the line they advised the rust build up just in bottom and the walter pouring down the boot walls indicates the leak is coming from multiple places.

We had the form from this site a rejected the car, they admitted and took responsibility and advised they would pay us in 14 days, as you see that has not happened, (note at this time they owed 3 other customers money)

The dealership sends an email stating they are not in a financial position to pay us back and urge us to seek small claims court only to delay them paying us or I fear now to ever paying anything! just to point to this date that car has been sold on to a new owner.

We followed the various steps to making a claim we put down Name1 Name2 and they responded to the acknowledgement that they sold us the car but there was nothing wrong with it.

We finally got a hearing date and I submitted 6 organised booklets of the evidence showing they admitted they owed us the money but could not pay us and that details all the emails and texts between myself and the company and named the person.

I received a witness statement yesterday stating they did not sell me the car because I did not put name1 name 2 LTD , I cannot believe they can stoop so low we gave them more than enough time to pay us they have constantly lied to me and the courts regarding the car, I even sent the court a screenshot of the owner admitting the car has ding in boot and it was trivial to even ask for a refund.

This is the first time I have ever been through court and now I fear first time mistakes will cost me the case! I named the director aka own on the claim as I wasn't sure who to pursue as well as the firm.

My court date is next month will the judge be able to amend this if they feel my case is solid?

SHAFT

Have you named the correct limited company?

Have you done any research Companies House etc?

bris

What name is on the invoice/ receipt you got with the car? That's who needs to be named in the court claim.


The Judge won't amend it for you as a Ltd co is it's own legal entity. If you have made a mistake you need to withdraw the claim and start a new one.

Cunningham

Hello,

I name the company as its name but missed the Ltd out on end of it, I see no reason to withdraw the case as either way it will take another year to go through it. The Company already admitted selling the car to me on the wrong spelling defence statement so isn't that already admittance?

Fine Ltd isn't there but the address is the same the emails send back and forward confirm it is the same company if the court throw it out I would be no better off?

powerful_Rogue

Cunningham wrote: »

Hello,

I name the company as its name but missed the Ltd out on end of it, I see no reason to withdraw the case as either way it will take another year to go through it. The Company already admitted selling the car to me on the wrong spelling defence statement so isn't that already admittance?

Fine Ltd isn't there but the address is the same the emails send back and forward confirm it is the same company if the court throw it out I would be no better off?

If you don't withdraw it, the judge will throw it out.

John Smith & Mike Hunt is not the same as John Smith & Mike Hunt LTD.

One is personal, the other a LTD company.

BoGoF

If you don't name them as a Ltd Co any CCJ will be worthless. I fear any action will ultimately be worthless - companies aren't in the habit of admitting something then saying take us to court.......unless they have no assets.

powerful_Rogue

BoGoF wrote: »

If you don't name them as a Ltd Co any CCJ will be worthless. I fear any action will ultimately be worthless - companies aren't in the habit of admitting something then saying take us to court.......unless they have no assets.

Exactly. They will simply disolve the John Smith & Mike Hunt LTD company and open up a new one called Mike Hunt & John Smith LTD.

waamo

Cunningham wrote: »

I name the company as its name but missed the Ltd out on end of it, I see no reason to withdraw the case

The judge will see a reason to throw it out though. Having been warned it's the wrong entity you could find some costs awarded against you too for ploughing ahead anyway.

Cunningham

Hello All,

Thank you I contacted the court about this and they said I can make application notification of a change and pay £100 they will submit to the judge tomorrow matter of urgency.

The court also found it bizarre that the first statement claims they sold it under the wrong name and there was no comment regarding the name up until the statements were made but I should be better to submit it and have it changed.

Hopefully, it can be done tomorrow

powerful_Rogue

Cunningham wrote: »

Hello All,

Thank you I contacted the court about this and they said I can make application notification of a change and pay £100 they will submit to the judge tomorrow matter of urgency.

The court also found it bizarre that the first statement claims they sold it under the wrong name and there was no comment regarding the name up until the statements were made but I should be better to submit it and have it changed.

Hopefully, it can be done tomorrow

It's a delaying technique by the company.
I would seriously research the company (post the name here and people will help).
Chances are you will be throwing away money and not get anything back. Some companies disolve and open in a new name to avoid thier liabilities.

waamo

Cunningham wrote: »

Hello All,

Thank you I contacted the court about this and they said I can make application notification of a change and pay £100 they will submit to the judge tomorrow matter of urgency.

The court also found it bizarre that the first statement claims they sold it under the wrong name and there was no comment regarding the name up until the statements were made but I should be better to submit it and have it changed.

Hopefully, it can be done tomorrow

That's the correct thing to do although, as others have said, you may well be throwing good money after bad.

Odds are they have done this many times before and are well versed in avoiding paying.