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very unique car dealer problem, please help.

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  • very unique car dealer problem, please help.

    Hi, I've looked high and low regarding a situation similar to mine but couldn't find anything in the few weeks I've been googling! in 2013 we purchased a vehicle from a dealer over the internet. It was a used vehicle however listed as a one owner 30,000 mint condition etc etc. As the vehicle was over 250 miles away we opted (as per suggestion of the dealer) to have to shipped to us for a small fee, which we agreed. They said if we take this option they'll throw in a free M.O.T for good measure.

    Come delivery time, the moment we laid eyes on the vehicle we knew something was up. It simply didn't match the images in the ad (had random accessories attached to it, tinted windows etc) upon closer inspection the car was in RUINS. Not one thing was working on it, including the AWD system, light body damage, two flat tyres, alarm kept going off, horrid damp/mould in the foot well etc. It was a nightmare.

    Before I could even turn my back the transport vehicle had already left, and at this point, it was past midnight and we didn't know what to do. Being naive we drove it home around 10 miles away and immediately parked it up realizing it was near a deathtrap! Even more mechanical problems/shuddering etc. It was horrible.

    Phoned the dealer the next day complained about the problems and they where very apologetic and offered, in writing, to have it collected at their own expense and have it inspected and repaired, at their own expense. Once again, out of naivety we agreed. It took almost two months for them to finally send us an inspection report, and an independent one too, that claimed?? You guessed it! Nothing is wrong with the vehicle. And to boot, demanded near £1,000 for shipping to and from and an inspection report and ££ for every day the vehicle is on their premises. It was beyond absurd.

    We declined this silliness and demanded it be reinspected or just refund us. Had we known this was an intentional delaying tactic we would have acted much sooner. It was done on purpose to eliminate the cooling off/rejection period (I'm guessing.) Low and behold a second inspection found 10% of the problems, including a leaking windscreen among other things. And here is where it gets really strange, the dealer then demanded we PAY for it all! And if we don't they'll scrap the car! WHAT?! This was obviously a big scam and it took over 6 months to get to this stage.

    As all this is happening a family emergency took place that resulted in me having to drop everything in the U.K and go abroad for almost three years. In between this time I was in touch with the dealer and it was the same old drizzle back and forth. In the end they got solicitors involved who where literately blind and couldn't read English. We simply sent them copies of the guarantees, in writing, the dealer made and they ignored them completely, including the most basic, Sales Act. The solicitors said if we don't make payment of the now £1,000's owed, the vehicle will be scrapped to recover costs.

    At this point I just couldn't do anything and I was powerless as we were abroad and swamped in personal problems (and they knew it) I simply had to focus on our family affairs that had completely stomped us out.

    Now that I have some time to myself I decided to chase this up a few weeks ago. So I sent a LBA and set a 14 day limit (I have upto 6 years to make a claim) I have not received a response, so I wanted to start a Small Claims however upon looking at the trading address it seems the LTD company they are operating under is registered just months after we had purchased the vehicle and I can't seem to find any traces of any old companies at that address (the same one they sold from back then.) The new LTD company is still under the same owner. PS: I checked the history of the vehicle and the dodgy dealer obviously had the vehicle re-registered against my will (he knew I was abroad and couldn't respond to the DVLA which I am sure is illegal) as the mileage now sits at 100,000.

    What is the best course of action from this point? All advice appreciated. We'd be glad to donate 10% of any winnings to the forum if we can get our money back. Thanks!
    Last edited by poppiekorn; 10th December 2018, 18:29:PM.
    Tags: None

  • #2
    How did you pay for the car originally ? ( guessing bank transfer? ) and how much was it ?

    Did you check out the solicitors they were using ?

    And did you take photos of the car after it was delivered to you? and keep the original advert ?


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    • #3
      Originally posted by Amethyst View Post
      How did you pay for the car originally ? ( guessing bank transfer? ) and how much was it ?

      Did you check out the solicitors they were using ?

      And did you take photos of the car after it was delivered to you? and keep the original advert ?


      Hi, thanks for the reply.

      Yes, we paid with bank transfer (but that account was closed years ago, and the bank merged with another and renamed.) Price was £4k + shipping.

      We did research the solicitors using Google back then and only a yell page showed up.

      And yes I still have the original listing saved on a USB + before / after pix and videos of all the faults, which shockingly the loony solicitors completely ignored.

      Thanks!

      Comment


      • #4
        bought 2013???

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        • #5
          Yes. 2013. I am still within the 6 year limit to make a claim.

          The dealer was notified and the vehicle was returned immediately to them. I only ever had the vehicle in my possession over the weekend until the transport company showed up to collect it. I gave them the chance to repair the major faults or issue a refund.

          I followed the correct procedure at the time. If I purchased over the internet I had the right to send the vehicle back if the item/product etc did not match the description. Which it clearly didn't. (including a whole other vehicle with accessories and tinted windows and the fact that a vehicle in (apparently) mint condition was falling to pieces.)

          My concern is not the events, but the legal ramifications of who to actually bring to small claims court. The actual owner, or the LTD company? This is the dilemma. As the actions was of that of the individual and not the policy of a LTD firm. Also, is not applying for a new log book knowing the owner will not be notified considered log-book fraud/theft? What about the failure in procedure of the Sales Act? etc.

          It's all very absurd.

          Comment


          • #6
            You can only sue the person with whom you had a contract.
            If that person is a limited company which no longer exists, there is nobody for you to sue unless you can prove the directors caused the business to fail because of their negligence. In which event you could sue the directors personally.

            Comment


            • #7
              Originally posted by des8 View Post
              You can only sue the person with whom you had a contract.
              If that person is a limited company which no longer exists, there is nobody for you to sue unless you can prove the directors caused the business to fail because of their negligence. In which event you could sue the directors personally.
              I had a look at their website, it was registered in the year 2004 so they've been operating ever since then. Its still the same company/name/director/number etc. Just the current business on companies house was registered three months after we purchased the car.

              I took a look at the sales receipt however no companies house number exists, just the business name, address and phone number (which is still the same.)

              What is the best course of action to take exactly? I heard that if you try to put forward a case in the wrong name, the judge will just throw it out.

              All help is appreciated.

              Comment


              • #8
                Are you saying that your receipt shows the seller XYZ Co. Ltd, but no company registration number?
                But the XYZ Co. Ltd was registered some three months after your purchase?

                Seems you might have purchased from an individual who was pretending to be a limited company

                Stationery of limited companies must display:
                • the company’s registered number
                • its registered office address
                • where the company is registered (England and Wales, Scotland or Northern Ireland)
                • the fact that it’s a limited company
                If he was not a limited company, but pretending he was OR if he was a limited company but not displaying the full info, he was breaking the law.
                (not that there is much you can do about it.!)

                Could you post up the company name so we can do a search for you?
                Surprising what turns up sometimes

                Comment


                • #9
                  Hi, thanks for the reply. Is it possible to message you the details in private instead? I'd rather not have this show up on the internet searches just yet.

                  An interesting thing I have just spotted is the fact that all of the emails came from the guys own personal email address. Another interesting fact is that the solicitors all referred to him as their client mentioning him by name personally, and not the firm or LTD company.

                  Can this be of any benefit to me in some way? Could this be enough for me to take him personally to Small Claims? Thanks!

                  Edit: In one of the emails the solicitors sent me, they wrote "Our client Mr *** *** T/A (trading as) ****Autos."

                  Any use?

                  Last edited by poppiekorn; 12th December 2018, 01:41:AM.

                  Comment


                  • #10
                    From what you write it certainly seems that you purchased from an individual trader and not a limited company.
                    Possibly he was in the process of starting up the company and jumped the gun a bit.

                    certainly pm me the details, and I'll see if I can turn anything up (but no promises!)

                    Comment


                    • #11
                      Hey guys, got some great advice from a forum member, seems a claim is possible as it appears the trader was selling as a sole trader.

                      However looking through the receipts I noticed something worrying, I just realised that I paid for the vehicle at the end of this month, however I was stuck staring at the delivery date which was well into mid January, so I am seriously cutting it short for filling court paperwork. I must do this by the end of tomorrow as after Friday I'm guessing everything is shutting down for the Christmas/New year holidays.

                      Can anyone give me some quickfire advice on proceeding to small claims court? Do I just fill in the paperwork found online and that's it? Anything I may need to add / or do to proceed with this correctly, as I've heard cases can be thrown out by claims court for simple errors.


                      Thanks fellas!

                      Comment


                      • #12
                        If you are registered with MCOL fill in their form
                        You can give very brief details for "Particulars of claim" and tick the box to say that fuller details will be sent later.
                        This will give you a little time to get them right!

                        Comment

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