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Help with filing a small claims
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I have had a look at the claim form which looks ok to fill in. Would anyone know where i could find some guidance on filling in the "Particulars of Claim" section. I am not sure what should go in here. TIA0
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Names dates addresses facts.
Why don!!!8217;t you gave a go and post it on here then you can be advised better0 -
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William1982 wrote: »I have done some more searching and it appears this dealer has change company names and moved few hundreds yards up the road. The new company is a LTD.
If the dealer was operating as a sole trader when you purchased the car then this will make it more difficult to get your money.
What you will have to do is to ensure that any claim names the trader personally and make sure that there is no mention of the new limited company.
If/when the claim goes in your favour and he doesn't pay, you can then instruct the court bailiffs to attend his residence to try to enforce the CCJ as the new company won't have any liability.0 -
I have spoken to the Autotrader security team and they have confirmed this dealer is no longer trading however is trading under another company name and address. Dealer has moved few hundred yards down the road.
Companies house website confirms old LTD company was dissolved on 15/03/18 (vehicle was taken back in for 2nd time on 26th) and new company setup on 11/01/18
Companies House does show a name and address but again i am not sure if this can be bogus details.
What is going to be the best course of action for me now?
Who do i address the letter to and which address is best to send it to? FYI Old address is empty forecourt.
Is there anywhere i can go to get help with filing a claim?
Thank you in advance.0 -
William1982 wrote: »As far as i know, the dealer is a sole trader.William1982 wrote: »Companies house website confirms old LTD company was dissolved on 15/03/18 (vehicle was taken back in for 2nd time on 26th) and new company setup on 11/01/18
You need to confirm 100% who your actual contract was with because if the purchase was made from the now dissolved Ltd company then your chances of getting anything back are fairly remote as you won't be able to pursue the new company for debts owed by the old company.0 -
The receipt has the company name so i am assuming the contract is with the old dissolved company.
The old company dissolved on 15/03/18 but the dealer still took the car from me and said he will fix it (obviously he didn't). Can this be argued that he has accepted the liability personally or with the new company?0 -
Quick update on this mornings dealing, i spoke to the insolvency registrar on 03006780015. They confirmed the company dissolved on August 2017.
I purchased the vehicle on December 2017 so this tells me dealer was a sole trader. Since speaking to them i got a call from the dealer, he has now offered me a 80% refund to end this today or to take him court where he said i will get less and it will be at least 6 months before it ends up in court.
I paid £1700 for the vehicle and spent £314 so far, if i take this offer i stand to lose £814. What would you guys do?0 -
William1982 wrote: »I purchased the vehicle on December 2017 so this tells me dealer was a sole trader. Since speaking to them i got a call from the dealer, he has now offered me a 80% refund to end this today or to take him court where he said i will get less and it will be at least 6 months before it ends up in court.
I paid £1700 for the vehicle and spent £314 so far, if i take this offer i stand to lose £814. What would you guys do?
80% of £1,700 is £1,360 so your loss is £654; (£340 + £314).
If he's accepting liability then I can't see the court giving you less than the full price of the vehicle, (£1,700).0 -
You can accept the dealer's offer if you want to draw a line under this now without the hassle of going through court.
Or you could request the full amount, and send the dealer a formal letter before action asking him to pay up in 14 days or face county court proceedings.
In the letter you could point out that if you are forced to issue court proceedings you will be asking for the full cost of the car plus legal costs plus court fees plus your consequential losses, which will mean the dealer ends up paying far more than the cost of the car.
It is completely up to you. Both options are completely reasonable choices.0
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