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  • FIRST POST
    • Silent Dancer
    • By Silent Dancer 19th Nov 17, 1:07 PM
    • 180Posts
    • 55Thanks
    Silent Dancer
    Small Claims - Refund on used car
    • #1
    • 19th Nov 17, 1:07 PM
    Small Claims - Refund on used car 19th Nov 17 at 1:07 PM
    I bought a used car in September from a dealer. It was sold with a 12 month warranty and as being subject to an 80 point pre-sale check and a service.

    Shortly after delivery I found problems with the blue-tooth module not working. Also the boot light and both parking lights were not working. On the fifth day the car overheated. They attempted to repair it.

    The car overheated again and a second repair was made.

    The car then overheated again. The RAC were called. They stated that the original repair was poor and diagnosed a head gasket leak.

    The car was returned to the garage, they stated that the fault was due to a faulty thermostat which they replaced. The car overheated again and the boot lock is now faulty.

    I visited the garage to request my money back hand delivering a complaint letter at the same time. They refused the refund and also refused to do any further repairs.

    As they failed to respond to my complaint letter in writing I sent a pre-court claim letter stating that I want a refund on the basis that:
    • The car was not fit for purpose, as described and of satisfactory quality.
    • The repairs were not performed with reasonable skill and care.
    • The sale was subject to misrepresentation as they have not stood by the 12 month warranty and there is no evidence to show the car was subject to an 80 point check and service.
    I am now at the point of deciding if to pursue them through the small claims court. I now know the company is run by a convicted fraudster so whilst I feel I have a strong case I am wary that I may not get my money back.

    Following the issue of the claim I think it is very unlikely that they will admit the claim. Most likely they will ignore and I'll get judgement by default. The other alternative is they'll defend it and drag things out.

    So my questions are:

    1) It is not clear who I bought the car off. There is a limited company at the address but it is not clear if they are using it to trade through. My invoice just states XXXX Cars rather than XXXX Cars Ltd. Therefore should I issue the court claim against XXXX Cars? Should this limit wriggle room if he is actually trading as a sole trader.

    2)If they defend and drag it out how long could it be before the court hearing takes place?

    3)Once I have received judgement I plan to use a high court enforcement officer to recover the money and costs. My concern is how likely they are to wiggle off this, they do have assets with other vehicles for sale and it is a business address?
Page 2
    • m0bov
    • By m0bov 19th Jun 18, 12:28 PM
    • 1,390 Posts
    • 969 Thanks
    m0bov
    Well done!
    • Computersaysno
    • By Computersaysno 20th Jun 18, 4:43 PM
    • 1,029 Posts
    • 797 Thanks
    Computersaysno
    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.
    Welcome to the world of 'Protect the brand at the cost of free speech'
    • pmduk
    • By pmduk 20th Jun 18, 5:12 PM
    • 9,389 Posts
    • 7,048 Thanks
    pmduk

    Just hope that they have stock/assets in their name and haven't simply phoenixed the business.
    Originally posted by Computersaysno
    And that's the big question.
    • Silent Dancer
    • By Silent Dancer 20th Jun 18, 7:27 PM
    • 180 Posts
    • 55 Thanks
    Silent Dancer
    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.
    Originally posted by Computersaysno

    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
    • By Computersaysno 21st Jun 18, 8:27 AM
    • 1,029 Posts
    • 797 Thanks
    Computersaysno
    .... they have stock that could be taken away on a low loader.
    Originally posted by Silent Dancer

    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...
    Welcome to the world of 'Protect the brand at the cost of free speech'
    • Silent Dancer
    • By Silent Dancer 6th Jul 18, 5:50 PM
    • 180 Posts
    • 55 Thanks
    Silent Dancer
    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
    • By Computersaysno 9th Jul 18, 12:19 PM
    • 1,029 Posts
    • 797 Thanks
    Computersaysno
    ...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.
    ....
    Originally posted by Silent Dancer

    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....
    Welcome to the world of 'Protect the brand at the cost of free speech'
    • Silent Dancer
    • By Silent Dancer 9th Jul 18, 7:35 PM
    • 180 Posts
    • 55 Thanks
    Silent Dancer
    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....
    Originally posted by Computersaysno

    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
    • By tacpot12 9th Jul 18, 9:05 PM
    • 1,509 Posts
    • 1,287 Thanks
    tacpot12
    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.
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