Dodgy car purchase

MikeyBe

Alas, they were a sole trader.

This however is complicated by the fact that there is/are/was a number of businesses all run by a couple of brothers with very similar names.  It would appear they swap "ownership" between each other as it suits them, then when things get too dodgy, change the business name and start again.

I know that if I start legal action against one of them, the response I'll get is "Sorry mate, not my business".

However, if they were to take action against me, I could make a counter claim, knowing they couldn't then deny ownership of the business.

They've already ignored my previous LBA.

Oh, and as a stroke survivor who lives off disability benefits, I currently have less than £100 in my bank account, so yes, £115 is a lot of money for me.
 

macman

If it's a sole trader, you don't need to know the business name, you just need to ID the person who sold you the car and then serve against him. What he calls his business on any particular day is not relevant, as you are suing an individual.
A sole trader is better from your point of view, as they can't hide behind limited liability.
It was pointless sending an LBA if you are not prepared to follow through on it. If you said that legal action would follow in x days unless you were refunded, which presumably you did, then you need to do just that. If you do not, then you are just letting them know that you are not serious in your claim.
It's still a mystery as to what counter-claim they could make if it's 'not their business'. If that was proven, the judge would simply dismiss your case.

born_again

MikeyBe said:

Alas, they were a sole trader.

This however is complicated by the fact that there is/are/was a number of businesses all run by a couple of brothers with very similar names.  It would appear they swap "ownership" between each other as it suits them, then when things get too dodgy, change the business name and start again.

I know that if I start legal action against one of them, the response I'll get is "Sorry mate, not my business".

However, if they were to take action against me, I could make a counter claim, knowing they couldn't then deny ownership of the business.

They've already ignored my previous LBA.

Oh, and as a stroke survivor who lives off disability benefits, I currently have less than £100 in my bank account, so yes, £115 is a lot of money for me.
 

So that is when you take them to court. That is the whole point of a LBA. Either they respond, or you take them to court.

You must have a invoice with the purchase details, that is who  you take to court.

macman

If you know where he lives, you can use the electoral roll or 192.com to get his address. Worst case, you use a tracing agent.
I don't think defaming him to get him to sue you to find his name is a very practical course of action...
But if you don't follow through on whatever action you outlined in your LBA, then you are going to get nowhere. If you cannot afford to use the small claims process, there is no point in pursuing this claim, because it's your only recourse, given that you failed to get a receipt before delivery and did not use a debit or credit card for protection. Have you reached the 28 days from LBA yet?