Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

reg. office:
923 Finchley Road
London
NW11 7PE



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  1. #1
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    Default small claims who to sue?

    I am going to take a a car dealer to court for misleading info. and incorrect/ altered mileage on car purchased.
    They are trading as a .com even the incoice and receipt is heaeded as xxxxxxxx.com it has the operators individual names, location address on it etc.
    they have no records at companies house, not listed!

    So who do I claim against the .com business address or the individuals trading as xxxxxx.com

    Any advice?

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    Default Re: small claims who to sue?

    is it a limited company as far as you know ?

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    Default Re: small claims who to sue?

    no record as a being ltd company, not mentioned on any of their paperwork, web site or at companies house? if it was a ltd company would they not have to lodge accounts with CH?


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    Default Re: small claims who to sue?

    You need to know EXACTLY who sold you the car - the receipt/invoice should tell you, if so check with Companies House for the correct Registered Office address, and then serve the action on that.


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    Default Re: small claims who to sue?

    I realise that I need the exact name but as I said the only invoice and receipts are headed xxxxx.com also there is no record at companies hause?
    they advertise on web and autotrader as xxxxx.com and do not charge vat on parts that they sell etc. so cant check that way.


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    Default Re: small claims who to sue?

    Well, they don't own the domain - so the fact there's no viable company name, I'd go with suing the named individuals, appen ding 'Trading As xxxx.com' - and send it to the home address if you know it - but BEFORE doing this, do set out your complaint and what you want from them to resolve the issue. If they refuse to negotiate, THEN take it to court.


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    Default Re: small claims who to sue?

    Name all. Should any be incorrect then they just have no case to answer but at least you have covered all bases.

    They should inform you if it is an incorrect party in the defence.


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    Default Re: small claims who to sue?

    Thanks for advice found the domain owner and his home address, same name as on invoice.
    I am in negotiations and getting some favourable noises, which could be just delaying tactics so want to get this ready to go if it fails.
    So will name owner trading as xxxxx.com; owner at home address. should cover it.
    Going to have face to face with them tomorrow.


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    Default Re: small claims who to sue?

    Why don't you tell us the domain name here for the protection of others who might get involved

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    Default Re: small claims who to sue?

    will do once I have I finished talking to them; if they settle or not.


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    Default Re: small claims who to sue?

    Update; had succesful meeting with trader and he gave me a cheque which cleared ok, for about 50% of the cost of the car, which I wanted to keep.
    the dealer was awesomeimports.com in Bristol. They said the mileage changed before they took it on and did not check it? but addmitted they were liable after talking to TS.
    As they deal with imported cars and a lot do, you must get them to check and get a statement on the mileage readings and records of what they have done to confirm it!



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Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE