Help with claim

[plane_boy]

Hi - new poster, but have been lurking here a while and looking for some help / guidance

I bought a used car from a trader over the phone based on the advertisement and verbal description.
The vehicle was miss described in that it was claimed to have a fully documented history and specified how often it had been serviced, and other work that had been carried out.

When the vehicle was delivered the "fully documented history" is a few sketchy invoices that don't tie up with the claimed service intervals - there are also faults with the vehicle.

I emailed the trader to which I received a response claiming he was in Hospital and would respond in 5 days - after getting no response I sent a letter rejecting the vehicle as miss described to which I received an email claiming the car was a private sale as it was his own vehicle. It was advertised in his company name, and he provided an invoice in his company name.

Next step is to use MCOL, but when starting the claim I have seen that both directors have just resigned (this week) on the companies house website, and the ebay shop has disappeared.......

Is there any point in continuing my claim against the limited company, and any realistic chance of recovering anything from the company or the directors? (last set of accounts go up to a few months ago and show assets of 30K+)

[jaguarsuk]

Hi - new poster, but have been lurking here a while and looking for some help / guidance

I bought a used car from a trader over the phone based on the advertisement and verbal description.
The vehicle was miss described in that it was claimed to have a fully documented history and specified how often it had been serviced, and other work that had been carried out.

When the vehicle was delivered the "fully documented history" is a few sketchy invoices that don't tie up with the claimed service intervals - there are also faults with the vehicle.

I emailed the trader to which I received a response claiming he was in Hospital and would respond in 5 days - after getting no response I sent a letter rejecting the vehicle as miss described to which I received an email claiming the car was a private sale as it was his own vehicle. It was advertised in his company name, and he provided an invoice in his company name.

Next step is to use MCOL, but when starting the claim I have seen that both directors have just resigned (this week) on the companies house website, and the ebay shop has disappeared.......

Is there any point in continuing my claim against the limited company, and any realistic chance of recovering anything from the company or the directors? (last set of accounts go up to a few months ago and show assets of 30K+)

You aren't claiming against the limited company, it doesn't matter what the heading on the paper work says, the defendant has admitted to you in writing that it was a private sale by him to you of his own car. Consequently this little exercise he and the other director are engaging in to close down the company and no doubt form another is a pointless endeavour on their part.

You continue the claim against him personally, when he claims you are pursuing the wrong defendant this is your evidence you are not.

Seems they think they are being very clever, when in fact he is being very foolish.