We just bought a car and it blew up within 3 weeks! Won't give me my money back!!

[juju020]

Re: We just bought a car and it blew up within 3 weeks! Won't give me my money back!!

If we sign this can I still chase the rest later? Thanks

[R0b]

Re: We just bought a car and it blew up within 3 weeks! Won't give me my money back!!

Was the defendant you listed on the claim form the company or the director personally?

And if you don't mind, what is the name of the Ltd company?

[juju020]

Re: We just bought a car and it blew up within 3 weeks! Won't give me my money back!!

It was him personally as the director not his company Avus Autos Ltd.

[R0b]

Re: We just bought a car and it blew up within 3 weeks! Won't give me my money back!!

So you purchased the car from Avus Autos Ltd or the director personally? I am looking through your thread again and there is reference to a salesperson and a boss so it is slightly confusing.

If the sale was actually between Avus Autos Ltd and not the director (presumably that's why he is saying he doesn't own the cars but the company does) then the person you were claiming from would have been wrong and it ought to have been the Ltd company, not the director. If that is the case I am surprised that the director didn't plead in his defence that he wasn't party to the contract and that the sale was between the Ltd co. and your son. Just because the director's name might be on the document that was signed doesn't mean that the contract was with him personally (speculating as I don't think I've seen the document).

If the above is correct, then the director may have grounds for appeal against the judgment, should he wish to do so. So the question will be whether you accept the £800 now and possibly, but unlikely, the £200 in April and keep quiet about it all and accept you've got over 1/2 the money back, or you accept it and try to enforce the judgment or you don't accept the money and try to enforce the judgment. If you do try to enforce the judgment you wouldn't be able to arrange for bailiffs to seize the cars if they are owned by the Ltd co. as the director doesn't personally own them.

Not wanting to rain on your parade, but something I think you ought to be aware of because you could have potentially wasted all of that money spent on bringing a claim if the claim was actually against the wrong person.

Edit: To add about part payment, yes you could recover the payment despite saying that it is in full and final, because the CCJ will overrule anything agreed between you and the director. A part payment does not extinguish the whole of the debt as the debt already becomes due.

[juju020]

Re: We just bought a car and it blew up within 3 weeks! Won't give me my money back!!

That was his first line of defence, that it should have been in the company name. Judge shot him down in flames quite angrily as on the warranty he had clearly crossed through the company name and put his own name. So the company was not involved. He's buying old write offs and selling them outside of his business for cash on eBay and the like. Judge saw right through him.

I think I'm probably going to take what I can! I think he's going to do a runner.

Thanks so much once again you've been great. Really appreciate your time and advice

Thank you

- - - Updated - - -

Ooh thanks ROb for that last part as well, very helpful

[R0b]

Re: We just bought a car and it blew up within 3 weeks! Won't give me my money back!!

Ah I see, well that makes sense now.

Taking the money now would be a good choice rather than risk getting nothing at a later stage. In contract law there is a very old case called Pinnel's Case, and it explained that a part payment on the day the debt becomes due is not satisfaction for the whole of it though a lesser sum before it becomes due may be satisfaction. Although we are talking about a court judgment the same principle still applies, if he offered that amount in full and final settlement before the judge made his decision then that would have been considered as the sum which would bring the matter to an end.

But in order to extinguish the debt, there would have to be a further application to the Court setting aside the judgment and withdrawing your claim, usually in the form of a consent order (which comes at a further cost). Without that happening, the debt for the full amount remains and there's nothing that can override the court's decision.

Once you've got your money you may want to look into enforcing the judgment for the remaining amount by instructing bailiffs after you have been paid the £800. Again, there is a risk because you would need to ascertain what assets, if any are in his name which would satisfy the debt. If the cars being sold has his name as the registered keeper then that could be sufficient to prove that the cars belong to the director and not the company, unless he can show paperwork to the contrary.

Equally, another option could be to instruct bailiffs to his home address (if you check companies house here https://beta.companieshouse.gov.uk/ and enter the company name then click on 'People' you should find his registered address) though there is a risk that if no entry is gained to the home and there is no car registered to his name, you could have trouble recovering the remaining balance.

Sometimes its best to walk away and accept you may not recover all of the money and have to make do with part of it. If you do agree to take the money I would press him to put it in your bank account immediately and provide confirmation that it is done so you can verify.

[juju020]

Re: We just bought a car and it blew up within 3 weeks! Won't give me my money back!!

I have emailed him accepting the offer but that it is only valid once the money is in my account..today! I also reserved the right to pursue the full remaing balance should the cheque not be honoured in April . I've no idea if that makes legal sense but what the hell.
I actually know his home address but to be honest I don't think he has enough to warrant the hassle. The cars are owned by some company abroad. He sells them for commission which is probably why he's selling privately under the ruse of his company. So I can't even get my hands on them! Even his personal car now partly owned by log book loan company. He's got a TV though...lol

Now I wait...again!! Months of waiting...I'll let you know when I get the money. Starting to feel better about it already....1000 better than nothing!!

Thanks R0b

[juju020]

Re: We just bought a car and it blew up within 3 weeks! Won't give me my money back!!

Got some money back 800 in my account has gone in and cheque for 200 sent special delivery and can be cashed 18th April. It's over!! Cutting my losses!! At least I made him suffer like we did.

I'm going to tell you this now as I feel a bit emotional and I won! The money to buy the car came from compensation as my husbands daughter was brutally murdered 2 years ago. She left 4 small children our grandkids . We shared the compensation out to all our remaining children/ grandkids. Our son's car was his bit...

I am sad but glad it's over. I HAD to get that money back!!!

So I thank you from the bottom of my heart....THANK YOU..would not have won without you!! The principles of this win were more precious than I ever let on.....

I'll say goodbye now...bye xxx

[fandabby]

Re: We just bought a car and it blew up within 3 weeks! Won't give me my money back!!

So glad you won your case and so sorry for your loss.