geared   302 #37 Posted October 12, 2018 The receipt that was given when the car was sold should have the correct company name on, given that they sell cars they should have assets on hand should a bailiff needs to take them.  A dodgy company can still find a way around things tho. Share this post Link to post Share on other sites Share this content via...
katekate   15 #38 Posted October 13, 2018 I have got the sales receipt with the company name stated on it. I understand that we may still not recover the money but I feel its worth a try. I've looked into the court process and there are fees that will have to be paid but sometimes you have to take action to make a point that people can't treat you like this. Ive also found I can get a half hour free consultation with some solicitors in Sheffield so I may be tempted to book to see someone, although half and hour is not very long we may be able to have a quick look into the situation. These men knew exactly what they were doing when they sold that car, I wonder how many other people they have ripped off. Share this post Link to post Share on other sites Share this content via...
Top Cats Hat   10 #39 Posted October 13, 2018  I understand that we may still not recover the money but I feel its worth a try. I've looked into the court process and there are fees that will have to be paid but sometimes you have to take action to make a point that people can't treat you like this.  I'm not sure you need to see a solicitor.  The purpose of the small claims court is to give people access to the law at minimal expense. Your case is a strong one and you should obtain a judgement in your favour, but as has been pointed out above, obtaining the judgement and obtaining the money are two different things.  If you do get a judgement in your favour and they still refuse to pay up, then at least you can then go public about him and his business as long as you stick to matters already considered by the court. If he doesn't pay I would definitely make a complaint to the DVSA about the firm who are providing his MOTs. Share this post Link to post Share on other sites Share this content via...
geared   302 #40 Posted October 13, 2018 You can make the claim online, the fee depends on how much you wish to claim, the tables of fees is here Share this post Link to post Share on other sites Share this content via...
medusa   16 #41 Posted October 13, 2018  <snippy>If you do get a judgement in your favour and they still refuse to pay up, then at least you can then go public about him and his business as long as you stick to matters already considered by the court. If he doesn't pay I would definitely make a complaint to the DVSA about the firm who are providing his MOTs.   Not on this forum!  Please be aware that unless something is accessible and in the public domain, we have no way of knowing which 'naming and shaming' is genuine reporting and which is defamation. For that reason, we err on the side of caution to protect the forum.  If you're going to name people in public, please do so on a site where you alone carry the can for your statements, legally speaking. Share this post Link to post Share on other sites Share this content via...
Top Cats Hat   10 #42 Posted October 13, 2018 Not on this forum!  Please be aware that unless something is accessible and in the public domain, we have no way of knowing which 'naming and shaming' is genuine reporting and which is defamation  Apart from a very small number of judgements, usually involving very rich people, all civil court judgements are in the public domain as are all criminal court judgements. Share this post Link to post Share on other sites Share this content via...
Bash Street   10 #43 Posted October 13, 2018 OP's like this just make me so sad. I don't know Kate and we only have her side of the story but for god's sake, are things really that difficult? The dealer buys a wreck at a price reflecting that and then wants to sell the same car knowing that he's shafting the buyer. Share this post Link to post Share on other sites Share this content via...
katekate   15 #44 Posted October 14, 2018 It has come to light that most of this dealers stock are insurance write-offs - category S. Yes they can go back on the road but I doubt they are all in a good state of repair. God help anyone who buys from him. Yes you only have my side of the story but I have no reason no reason to lie about the situation. I was sold a dodgy motor and that's all there is to it. My main reason for putting it on here was to ask for advice on what to do. Share this post Link to post Share on other sites Share this content via...
Cyclone   10 #45 Posted October 14, 2018 For a small fee you can file against him in small claims court;  https://www.gov.uk/make-court-claim-for-money   Claim amount Paper form fee Online claim fee Up to £300 £35 £25 £300.01 to £500 £50 £35 £500.01 to £1,000 £70 £60 Share this post Link to post Share on other sites Share this content via...
katekate   15 #46 Posted January 20, 2019 Update - I started court proceedings against this car sales garage and the owner has put in a defence which is full of false information. I have evidence to prove what he is saying is wrong. Don't know how this man thinks he can get away with telling the court things that are not true. I will keep you updated. Share this post Link to post Share on other sites Share this content via...
Top Cats Hat   10 #47 Posted January 20, 2019 Did you ever tell us what the car was worth?  Usually car dealers don't defend cases like this as within the first six months the law puts the responsibility on the dealer to prove the car was roadworthy, not you to prove it was not. Share this post Link to post Share on other sites Share this content via...
katekate   15 #48 Posted January 21, 2019 Only worth approx £2000 but to me its not so much about the money it's being ripped off that's annoyed me. Regarding your comment Top Cats Hat, the dealer is very arrogant and is adamant that the car was fine. Let's hope the court put to him that he should be proving the car was roadwothy. He is certainly not interested in the law and seems to be just doing his own thing. Personally I don't think he's got a chance in winning the case, he's already given the court alot of false information. Share this post Link to post Share on other sites Share this content via...