Dealer Ignoring CRA 2015 & ignored LBA for 15 days. Small claims or cut my losses?

[des8]

So your judgment against the company still stands.

[yogiemoji]

Hi Des8,

Hope you are well and are keeping safe this winter :-)

I decided to pursue using the Sheriff Office to try and claim the funds owned by the debtor company. Unfortunately, things are not going well at the moment.

TLDR: Sheriff Office cannot help (so far), I'll be contacting lawyers to see if they can help.

Full Story
On companies House the debtor has uploaded documentation to say that they changed directors before 2020, even though I have a court order against A&D Car Sales with Agron named as the defendant. Companies house responded to say they aren't in control of what's uploaded and they just accept what's been given to them... I quote from them 'We currently accept all information that companies deliver to us and place it on the public record.'.

The Sheriff Office went to A&D Car Sales Ltd, saw that the property has been abandoned and then told me they would go to the address of A&D Motors Ltd. They also accepted the info on Companies House, even though they have the judgement from the court, and therefore should know that the judgement dated 2023 shows the defendant as Agron.

The Sheriff then went to A&D Motors and have come back to say:

'Further to the above matter, we write to advise that A&D Motor Ltd have provided their Lease Agreement and we have been notified that A&D Motor Ltd are not our Debtor company and A&D Car Sales Ltd have never traded from the address. Please note the assets are highly likely to be in the name of A&D Motors Ltd and it would make enforcement problematic. Please confirm whether you would be willing to accept the lease agreement? Please also confirm whether you hold a forwarding address for the Debtor company? We look forward to hearing from you.'

Now I'm wondering what to do, this is my current thought:

1.
As per your post #71, 'Company invoices MUST include "ltd" and registration number. If they don't the purchaser may claim that that particular sale does not offer the owner the protection of a ltd company and so is personally liable.
That is the theory anyway, but whether or not one could argue it successfully in court is another matter.'

I may need to pursue this legally (though my trust in the law is now near 0%), and somehow put the case in Agron Zhegrova's name, as the receipt excluded 'ltd'. So, to do this I'm planning to speak to local lawyers and see if anyone's willing to help without further causing financial worry.

des8 if you have anymore info or guidance you can share on this, I'd appreciate it.

2.
Now I'll be calling the Sheriff to understand what's going on, the defendant is Agron so they should be pursuing him.


Note, I've found that the Sheriff Office and the HCEO are the same thing, they are just separate, they both operate in the same way. I decided to go with the Sheriff as the reviews were better, either way, in hindsight, it wasn't the correct decision.

So far the lessons I've learnt are 1. go with your gut, not what Citizen's advice says, they don't know it all... 2. The law is not straight and narrow, there are gaps that crooks will fill. 3. Don't ever buy a car from a dealer unless they're under the financial ombudsman or you've thoroughly researched them, if they set up multiple companies and dissolve/restart or resign/rejoin, etc they are crooks, avoid them like the plague...

Thanks for your advice so far des8, much appreciated.

This does feel like I've gone down an inescapable hole, and I feel I must keep going.

PS: I called the sheriff office and they've asked for more addresses, even though the accepted the case based on the Judgement by the court, they can only accept what is on companies house.... so it looks like Mr Singh, the new director is going to get a knock on the door...

PSS I just spoke to a really helpful lawyer, who mentioned via phone that what he could be committing is fraud, so that's something for me to look into! :-)

[des8]

If you intend pursuing Agron Zhegrova, just make sure he has sufficient assets to make it worthwhile.
It's amazing how many apparent millionaires don't even have a pot to p**s in when in court!

[yogiemoji]

If you intend pursuing Agron Zhegrova, just make sure he has sufficient assets to make it worthwhile.
It's amazing how many apparent millionaires don't even have a pot to p**s in when in court!

Thanks des8,

In order to do this I believe I have to review the addresses I have and then check the land registry to see if any fall under his name, are there any other avenues I can pursue?

After seeing the images the sheriff sent across to me, I am quite livid with them continuing business under 'A&D Motors Ltd' and claiming that they have no relation to the former company. They also are using a sign which says A&D 'Quality Used Cars'.

I've contacted Autotrader to try and remove them from the site. Hopefully I can shut them down if all else fails. It also looks like people have left further bad reviews on their google maps too.