Small Claims - Refund on used car

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Comments

  • Computersaysno
    Computersaysno Posts: 1,222 Forumite
    First Anniversary Combo Breaker First Post
    Transfer it to the high court asap and send the bailiffs in.


    Just hope that they have stock/assets in their name and haven't simply phoenixed the business.
  • pmduk
    pmduk Posts: 10,655 Forumite
    First Anniversary Name Dropper First Post Combo Breaker
    Computersaysno wrote: »

    Just hope that they have stock/assets in their name and haven't simply phoenixed the business.

    And that's the big question.
  • Silent_Dancer
    Silent_Dancer Posts: 193 Forumite
    Computersaysno wrote: »
    Transfer it to the high court asap and send the bailiffs in.


    Just hope that they have stock/assets in their name and haven't simply phoenixed the business.


    Once the 14 days have passed I will be straight on to a HCEO. Does anyone have any recommendations?

    As regards them phoenixing the business of course this is a risk but at this moment in time they are still trading and they have stock that could be taken away on a low loader.
  • Computersaysno
    Computersaysno Posts: 1,222 Forumite
    First Anniversary Combo Breaker First Post
    Silent_Dancer wrote: »
    .... they have stock that could be taken away on a low loader.


    Just because they have cars sitting ion a forecourt doesn't mean they can be taken as they might be selling on behalf of the owners, etc...
  • Silent_Dancer
    Silent_Dancer Posts: 193 Forumite
    The due date for the debt has passed. Unfortunately, the high court enforcement route is out of the question as they have set up another company and HCEOs have advised me that the recovery is unlikely to be successful as they will claim the assets are interested the name of the new company.

    Therefore it seems that I have one route left using a third party debt order against the bank account that I paid the money to.

    Has anyone had success with a third party debt order?
  • Computersaysno
    Computersaysno Posts: 1,222 Forumite
    First Anniversary Combo Breaker First Post
    Silent_Dancer wrote: »
    ...as they have set up another company and HCEOs have advised me that the recovery is unlikely to be successful as they will claim the assets are interested the name of the new company.
    ....


    The defendant needs to PROVE to the HCEO that the cars etc are not the original companys and that the old company is not still trading.


    It's amazing how many scammers try to phoenix and then fail as they don't get things like the rates, public liability insurance and even suppliers bills and even bank accounts changed to the name of the new co. Failing to do so makes it possible for enforcement to continue....


    My suggestion is that it would be worth the [iirc] £60 that it costs to get it escalated....
  • Silent_Dancer
    Silent_Dancer Posts: 193 Forumite
    Computersaysno wrote: »
    The defendant needs to PROVE to the HCEO that the cars etc are not the original companys and that the old company is not still trading.


    It's amazing how many scammers try to phoenix and then fail as they don't get things like the rates, public liability insurance and even suppliers bills and even bank accounts changed to the name of the new co. Failing to do so makes it possible for enforcement to continue....


    My suggestion is that it would be worth the [iirc] £60 that it costs to get it escalated....


    Unfortunately, I have spoke to several HCEOs and they are reluctant to take this on as the chances are that the car dealer will wriggle out of it.

    Yes I agree it is a disgrace how many scammers use phoenixing to wriggle out of their liabilities but it is a reality. I do plan to speak my MP about this as I think the law needs to change.

    The least hassle option at this stage seems to be a third party debt order. Has anybody had any success with this route.
  • tacpot12
    tacpot12 Posts: 7,962 Forumite
    First Anniversary Name Dropper First Post
    Have you tried all the HECOs? If you move quickly, you may find that the dealer still has all his purchase paperwork in the name of the company that the judgement is against. If the dealer cannot prove that the old company sold its stock to the new company, then the old company still has assets that can be seized.
    The comments I post are my personal opinion. While I try to check everything is correct before posting, I can and do make mistakes, so always try to check official information sources before relying on my posts.
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