County Court Claim

wendyhuggins1

Soo. I am waiting for a claim to be issued against a garage who sold me a vehicle with a known fault..! So claiming under the Consumer Acts 2015. All attempted to resolve have not succeeded so, he left me no choice but to go to Small Claims. 

However it is taking over 6 weeks to get the process started and I am 4 weeks in..!! Since my complaint to garage inDec, he has retired his business. It wasn’t a LTD company. But will my claim still
stand against him..?? He was an individual so the claim is against him rather than the business. But this about a 10K claim and I want every opportunity to get my
money back..

HELP..:-( 

bris

Yes he is liable as an individual if he was a sole trader. Non ltd companies are just individuals and have no protection from liability

You can make the claim out to "joe blogs trading as bad service motor"

It really doesn't matter if he is trading now or not.

DullGreyGuy

If he was a sole trader and you have issued against him personally then yes it still stands even if he has ceased trading/retired. The only issue it brings is that he may have already sold off any of the business assets and spent the monies 

m0bov

You could visit the address and see if there are any assets there like a car, see if the property is rented or purchased (check rightmove history) etc...If he does'nt respond, then it goes in your favour, then go to the high court and get enforcement that way.