Small claims court: How do I identify the defendant

[ericlox]

Hi everyone, this is my first time posting on here. I've brought successful small claims in the past, but not in England.
I was wondering if anyone could shed some light on how to proceed with a small claim action when its slightly complicated to identify the defendant.

The reason why I want to bring the claim
I purchased a used vehicle and shortly thereafter, an inspection revealed major mechanical faults which basically rendered the vehicle dangerous to drive/not as described/unfit for purpose etc.
I tried to reject the vehicle within the 15 day period but was ignored. I tried to make further contact with other sales persons but this wasn't successful either.

Who is the defendant?
I'm just wondering who I would name as the defendant as the money for the sale was paid via bank transfer into the account of the sales person at the used car dealership.
The invoice received for the sale of the vehicles bears a different company name - possibly a "trading as" name - but I can't establish this.
The only way I can link the bank account to the company is that the account holder is a director of a very similar sounding company.
I've included some background on the company selling the used cars below.

Should I just proceed with the name of the person's bank account to whom the money was paid?
Or should I proceed with the company name on the invoice - even though the company doesn't seem to exist?
Does it really matter at this stage?

Background:
Company A is advertising used cars for sale online on a popular website; The sales are concluded at a different location to their main trading location/workshop.
The used cars are then sold by employees of Company A but money is paid into apparent personal accounts of employees at Company A.
I have evidence of this as Company A lists all their used cars for sale under their company details online. Maybe this is an issue for Trading Standards.

Additionally the invoices issued for the used car sales for Company A don't bear Company A' name - its a different company name that doesn't appear to be registered.
A search on companies house doesn't reveal anything about the company that appears on the sales invoices issued by Company A.

[echat11]

Hi ERICLOX

I think you should contact CAB who will pass the Complaint to Trading Standards to investigate and then advise you how to proceed.

[des8]

You refer to a company or two???
Are they calling themselves limited?
If so do they include registration number?
You have been unable to trace either of them in Company House?

[ericlox]

Just to clarify:
Company A (the company who advertises and sells the used cars online) is easy to identify as they have a limited company whose details are of course easy to find.

The issue is that when a car is sold they are issuing an invoice with some other company details unrelated to their company. The only thing that is similar is the address on the invoice.

The company on the invoice doesn’t appear to exist but of course the monies for the transactions are received by employees of Company A.

[des8]

So limited Company "A" ADVERTISES the car, but it seems that individuals (the ones that receive the cash) SELL the car as sole traders trading as company "B"

I would be considering naming the defendant as " Mr XXX trading as Company "B" as it is the invoice and where the payment went that is the evidence of the contract.
Whether or not Mr XXX has sufficient assets to meet any award is a different matter.

Looking for other opinions so tagging R0b

[R0b]

Name both of them as defendants. It may be a question whether Company A is acting as agent on behalf of Mr X trading as XYZ or vice versa, so to have the best opportunity to recover something, you should frame your claim against the first defendant, but in the alternative, if the court finds that the first defendant is not the contracting party i.e. they were just an agent, then your claim is against the second defendant for the same reasons.

You probably want to bring your claim against the person with the most assets, presumably Company A and then fall back on Mr X.

[ericlox]

So limited Company "A" ADVERTISES the car, but it seems that individuals (the ones that receive the cash) SELL the car as sole traders trading as company "B"

I would be considering naming the defendant as " Mr XXX trading as Company "B" as it is the invoice and where the payment went that is the evidence of the contract.
Whether or not Mr XXX has sufficient assets to meet any award is a different matter.

Looking for other opinions so tagging R0b

I do believe Company "A" has the most assets in this instance as they have an actual bricks and mortar office/premises that seem to do a steady trade.

I've done some more digging and it turns out there have been multiple companies trading from the same location over the past 24 months or more. I couldn't find any information on these names at companies house, but there are online trails as many people appear to have been left in the same situation as myself.

Research on these companies seems to suggest that they have quite a bad reputation - so much so that other businesses in the area with similar sounding names have gone as far as to state that they are not affiliated with them.

I've also noted that the employees from Company "A" have been cross-pollenating these companies with positive reviews to try and boost their reputation. So it appears that employees/associates from Company "A" are creating/trading under various names, and when the business gathers up a certain amount of negative reviews, they simply change the name and carry on.

Seems to be quite a complex web.

[echat11]

How did you pay for the vehicle?

[ericlox]

How did you pay for the vehicle?

Bank transfer to the personal bank account of the sales person who appears to be working for Company "A".

A dealer warranty was also issued for the vehicle but the warranty company has been unwilling to release any company info they have.

[ericlox]

Just a quick update: I have sent multiple letters requesting a refund under the CRA to "Company A" at their bricks and mortar address as well as their sales "yard". I received no reply to these letters. (First class with proof of posting)

I have since sent a Letter before action to both addresses via first class recorded - also no reply.

I would like to proceed with a court claim - just want to know what costs I can claim apart from the actual cost of the vehicle.
I have spent money on insurance, 3rd party warranty (as sold with car), road tax, roadside assistance, mechanical assessments, public transport etc.