CCJ against used car salesman, help!

Wisteria62

We bought a used car which packed up after a week and we were told by the DVSA (after second MOT) that it was dangerous and "not fit for purpose". We got a CCJ against the sole trader but he has now started a new company in the same place and shut down the original website so we don't know if we can still send the bailiffs. He's definitely still working there as a recent review mentioned his name. The new limited company has someone else's name as a director. What can we do? We're owed c£2700 and he's probably ripped off other people too as he was very aggressive on the phone. We bought the car on the basis that it had a full year's MOT but this was done by his dodgy relation/friend and we were informed that it would never have passed a genuine MOT. We are concerned not just about the money but also the fact that he's selling dangerous cars.

MyRealNameToo

https://forums.moneysavingexpert.com/discussion/6652584/ccj-against-used-car-salesman-help

If he was a sole trader previously then you can go after him and his personal assets. You won't be able to go after the business assets of the new company that is trading at his former site but decent bailiffs will want evidence that the goods are really the companies and not his. If he sold the assets to the company then he should have the cash to pay.

Was the claim defended or did you win the judgement in default?

Do you have his home address?

Do you have their bank account details?

fatbelly

As it isn't a Consumer Credit Act debt and it is for over £600 you can use High Court Enforcement, and I suggest that you do.

The bailiff organisation will advise you. The key is who you have listed as the defendant -if it is the person himself then any asset in his name can be taken

If it is against a named business that no longer exists then this will be more tricky but the bailiff (HCEO) will advise you

Grumpy_chap

https://forums.moneysavingexpert.com/discussion/6652584/ccj-against-used-car-salesman-help

How did DVSA tell you the car was dangerous and "not fit for purpose". I have never before heard of the DVSA directly communicating with a vehicle owner in that manner?

What were the items on which the car failed the second MOT test?

What happened when the car "packed up" after a week?

What prompted you to take the car for an MOT, given the car was sold with a full year's MOT (regardless of how trustworthy you rate the MOT Tester)?

Did you buy the car from the individual trading as a Sole-Trader, or from a Ltd Co? The post is a bit confusing as you say "Sole-Trader" and then say he stated a new company in the same place and shut down the original website. You continue to say the new Ltd Co has a different Director.

There is a critical difference between the individual trading as a Sole Trader and an individual trading through a succession of Ltd Cos. What does the invoice say that you purchased the car from?

What due diligence did you do on the car prior to purchase? Did you review prior MOT history? Did you take the car for a test drive? Were (or should) any of the issues you now know apparent prior to purchase?

At £2.7k, this is a car towards the end of life so your expectations have to be matched to that standard. That does not mean that the car should be unsafe or "pack up" after a week (but "packed up" could mean anything).

How old is the car?

What make, model is the car?

What mileage is the car?

what general condition is the car?

Ectophile

https://forums.moneysavingexpert.com/discussion/comment/81858522#Comment_81858522

Given what the OP is asking, and that the OP already has a CCJ, how much of this is of any relevance whatsoever?

Ectophile

You said "sole trader". That generally means a natural person, who may trade under a trade name if they wish. If that's the case, then your CCJ is against that person (and only that person).

A company is a completely separate legal entry. You can't recover money from a company just because it is associated with someone who owes you money.

But was it a person you bought the car off, or a previous company he owned? If it's a company, then your claim would have been against that company (and only that company). If it's gone bust, or is still technically trading but has no assets, then you're out of luck.

Grumpy_chap

https://forums.moneysavingexpert.com/discussion/comment/81859330#Comment_81859330

Actually, thanks, and, yes, I did take a "standard" approach to the query. As you correctly noted, the OP has the CCJ already. This part remains relevant, though with a different context:

"

Did you buy the car from the individual trading as a Sole-Trader, or from a Ltd Co? The post is a bit confusing as you say "Sole-Trader" and then say he stated a new company in the same place and shut down the original website. You continue to say the new Ltd Co has a different Director.

There is a critical difference between the individual trading as a Sole Trader and an individual trading through a succession of Ltd Cos. What does the invoice say that you purchased the car from?

"

If the CCJ is against the Sole Trader as an individual, then the enforcement can be against the individual's assets wherever they may be.

If the CCJ is against a "closed" Ltd Co of the one man band variety, then the assets cannot be recovered from the new Ltd Co. It is worth verifying that the original Ltd Co. has been wound up.

I remain unclear as to whether the OP used the term "Sole-Trader" in the legal context meaning the individual, or in the context of a one-man band Ltd Co (or succession of Ltd Co).