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Consumer Rights Act 2015 - Used First Car, can I claim?
Comments
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If the company has zero assets you can object to striking off all you want, it won't get you your money back. You would likely be very far down a list of potential creditors.
Unfortunately the system is stacked against the consumer with Ltd liability.
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Unfortunately, that isn’t possible. The director is a separate entity to the limited company and you have no contract with the director. The claim would fail at the first hurdle.
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Five pages of things that didn’t happen.
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You would have to prove that the director deliberately continued to run the company while it was insolvent. They would counter that they were trying to wind it up, but you kept blocking it.
If it sticks, force it.
If it breaks, well it wasn't working right anyway.0 -
The whole point of a limited company is just that- liabilty limited to the company only, not the directors.
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OP, I'll save you a headache and cut to the chase.
You haven't got a chance of getting your money back through the courts on a cheap car like that.
You also don't seem like the type who has the ability to do the court process correctly going through your posts.
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i mean typing on a forum is different to doing a formal court proceeding… you dont have to type formally all the time hahaha two things can be true at the same time
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the way it seems is they wont reply until i send the court order, as a way to test how serious i am. if thats the case and they still dont reply after the order, I win automatically and get a default judgement along with my evidence. the fact the amount is over £600 i can send high court enforcement officers who will be able to seize their assets. if that fails I have the bank account info of their company and will be able to do a third party debt order
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Are you delibarately ignoring everything you are being told? By the time you get a default judgement then the company will have zero assets and the bank account will be closed.
No idea why you posted as you clearly are an expert on small claims against a limited company.
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Funnily enough when I read your first post I thought - unlike most others - that you might have an arguable case. At least in theory.
That's on the basis that if a dealer sells you a car that needs particular work doing according to the manufacturer's service schedule, but they don't tell you, then that could amount to misrepresentation on the basis that this is knowledge the dealer should be aware of and should pass on to potential customers before they agree to buy. We've got away from the days of caveat emptor, and I don't think there is any duty on consumers to carry out "due diligence".
However - in practice - if you think you are going to recover any monies from a company that has been wound up and has no assets, or that in that case you will be able to pursue the director personally, I don't think you understand what you are trying to do - or your chances of success…
Please keep us updated on progress
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