Small claims help

[ben193]

hi all,

So i bought a car from a dealer, who is registered on companies' house under his actual showroom address. After trying to return the car a week from purchase (under consumer rights) due to multiple faults etc, the car wasn't advertised as a Cat S, but V5 came back saying it was.. the dealer has refused a refund. Just for context it was under £3000 so not life changing amount of money but still enough to make you want to cry!!

I have filed a small claims application, and sent in my timeline of events etc, all the usual stuff. However noticed he has changed his registered business address to his personal flat, when it was previously the dealership. I assume this is because they know they are onto a loser here, and will eventually have to pay up, but will expect the court/bailiffs to attend the property listed on companies house, rather than the actual showroom.

I called companys house to reject the change of address, but they have said you can only object liquidation if the company attempt that. Not sure if this is okay going forward, or if this could cause issues trying to obtain the money through assets if needed as i expect there isnt enough in their personal address, and this is an attempt to not have bailiffs turn up at the dealership taking cars to recover.

Any advice welcome. thanks

 

[Newchodge]

You can give the bailiffs any address at which you believe the business has assets, especially as you can show the address history on CH.

 

[ben193]

You can give the bailiffs any address at which you believe the business has assets, especially as you can show the address history on CH.

Thank you!!

 

[Gyumri]

First get a court order in your favour then quietly apply for an interim third party debt order against the dealer's bank account for the judgment sum.

It works wonders and is a polite method for getting paid fast - - but if you want to get heavy handed then use Court Enforcement Services Ltd

 

[JEREMY HAWKE]

First get a court order in your favour then quietly apply for an interim third party debt order against the dealer's bank account for the judgment sum.

It works wonders and is a polite method for getting paid fast - - but if you want to get heavy handed then use Court Enforcement Services Ltd

Furthermore are you referring to the actual court bailiffs because they are feckin useless and run as fast as they can when your Nan in the old peoples home shouts at them

Use a private Bailiff like Marstons ect

 

[Gyumri]

Furthermore are you referring to the actual court bailiffs because they are feckin useless

No - when you transfer up for circa £70 to the High Court you get private High Court Enforcement Officers to enforce who are not court employees - unlike County Court Bailiffs who are employed by the court.

My experience with Marstons is hmm...

 

[JEREMY HAWKE]

No - when you transfer up for circa £70 to the High Court you get private High Court Enforcement Officers to enforce who are not court employees - unlike County Court Bailiffs who are employed by the court.

My experience with Marstons is hmm...

That's the result I was aiming for but just dont use the salaried court Bailiff

What is your experience with Marstons I hope your not complaining because they recovered a debt you owed from you ?????

 

[Gyumri]

What is your experience with Marstons I hope your not complaining because they recovered a debt you owed

I found them to be very slow in responding to correspondence but others may have found them ideal - horses for courses.

 

[Blood Lust]

hi all,

So i bought a car from a dealer, who is registered on companies' house under his actual showroom address. After trying to return the car a week from purchase (under consumer rights) due to multiple faults etc, the car wasn't advertised as a Cat S, but V5 came back saying it was.. the dealer has refused a refund. Just for context it was under £3000 so not life changing amount of money but still enough to make you want to cry!!

I have filed a small claims application, and sent in my timeline of events etc, all the usual stuff. However noticed he has changed his registered business address to his personal flat, when it was previously the dealership. I assume this is because they know they are onto a loser here, and will eventually have to pay up, but will expect the court/bailiffs to attend the property listed on companies house, rather than the actual showroom.

I called companys house to reject the change of address, but they have said you can only object liquidation if the company attempt that. Not sure if this is okay going forward, or if this could cause issues trying to obtain the money through assets if needed as i expect there isnt enough in their personal address, and this is an attempt to not have bailiffs turn up at the dealership taking cars to recover.

Any advice welcome. thanks

If you paid for it on credit card you need to go to your bank as you`re protected through that.

If not its a civil action which should be easy to prove. Is it possible to have it checked by a garage to document the problems with it from someone qualified? Its not essential but would help rule out the possibility of losing the case.

It would also help make him personally liable, if its shown a defective car was sold it doesn`t matter if it is a limited company.