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DH1991

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  1. I was replying to this. Hi DH1991, mantis shrimp has posted a comment on a topic, BM Motors Company ,faulty car - Who should i have taken to court? Posted in BM Motors Company ,faulty car - Who should i have taken to court? The invoice - is this 2 separate documents or one 2 page document, each page headed with different company names? But I can see the comment has been removed. Go to this Post
  2. I will send the email conversations with trading standards and the 2 letters I wrote to the dealer in tomorrow. Thank you again for your help so far, it is much appreciated.
  3. Please find the sales documents attached as a PDF. BM Motors Sales Documents.pdf Please find BMW Report and Repair Bills attached BM Motors Repair Bills.pdf
  4. Thank you for your response. Following speaking with the court to amend the claimant as I mistakenly took the wrong people to court, that was going to be costly and difficult, and not guaranteed that it could be done. I withdrew the claim as it was clearly wrong, and being proven wrong I was sure I'd be liable to pay their costs. I was, and still am totally convinced my rights have been breached. I just don't know if I can do anything about it. I know I have likely spoiled it for myself, as I started a claim against the individuals... I don't know if I can bring the case again, but against the contracting party. Do you think it is worth uploading the documents to this thread, or starting a new thread going through it start to finish? After the past 5 years dealing with a probate issue regarding my late fathers estate, I have lost faith in the courts and justice system - but that is a different story. I have taken your previous advice and started a chargeback, so I am awaiting their response. Thanks again
  5. Just to update the thread. I'm not uploading the PDF's as the claim is no longer active, I had to close it as it was pointless to continue. My claim was against Monaf Kussey Altamimi and Adam Steven Elston as Individuals. I used the correspondence address as BM Car Sales LTD, 2 Brunel Road, Saltash, PL126LF as I thought that having the company name there would show they were part of the company. I asked Trading Standards to provide me with a statement to use as supporting evidence of the dealer breaching my consumer rights. After forwarding them the evidence I had to initiate my complaint weeks ago, and them following it up and agreeing with me when I was discussing with them about what the dealer has done, they provided me with a statement to say that the dealer hasn't breached anything whatsoever contradicting everything that they had discussed with me, so I was absolutely gutted to read that. I don't understand why they followed up the complaint if they thought the dealer hadn't done anything wrong. So, there was no chance to win a court case that the body there to support consumers when things go wrong is supporting the dealer. I can still upload all my communications with Trading Standards and the Dealer to show what was discussed. At the very least, the information will be out there on the internet and could warn other potential purchasers to be very careful if they decide to deal with them. Thank you again to everyone who has spent their time and effort responding to my post on here. Thank you.
  6. The car was advertised @ BM Motors on Autotrader. The Building the whole transaction took place in is signed up 'BM Motors' The deposit invoice states the deposit was paid to BM CAR SALES SALTASH LTD - this is the company that dissolved in 2020. The balance was paid to BM CAR SALES LIMITED. Trading Standards was the mediation process and they have sided with me so it us unquestionable that the car was not as described and faulty. The dealer didn't really co-operate with trading standards and were not acting within the law so they were struck off Buy with Confidence Scheme. I have named two defendants as individuals. The first defendant is named director linked to: BM Motors Saltash LTD (Company number: 10078600)Active BM Car Sales Limited (Company Number: 1185978)Active BM Motors Saltash MOT LTD (Company Number: 13448477)Active BM Car Sales (SW) Limited (Company number: 13751588)Active BM CAR SALES SALTASH LTD (Company number 09658048) Dissolved Second defendant is named director linked to: BM Motors Saltash MOT LTD (Company Number: 13448477)Active BM Motors Saltash LTD (Company number: 10078600)Active So I named both directors of the company I bought the car from as an individual, and the director of their sister company based in the same building who prepared the car for sale as I thought this was a more sensible course of action than taking 5 different companies to court as the 5 different companies all have the same directors and all have slightly different variations of the same name. Hope that helps
  7. As I said, I want to re-write the lot fresh so everyone can understand the timeline of events with dates/times/reponses etc. It would be SO much easier if I could be allowed this, as I have been questioned about what I have said so it doesn't run in order and is clearly difficult to follow. I did not think the timeline of events prior to issuing the court claim was that important as I have already exhausted all available avenues. For some reason, it comes across like you think I am basically telling you all to shove off, which is not the case at all. By the story not running in order, it is a waste of everybodies time having to ask question after question to get the points that you need. And I am fully aware that this isn't just potentially helpful to me, it is potentially helpful to others too. That is why I want to put it right. Looking on many other threads, this seems to happen a lot - and it always seems to end the same way, thread gets padlocked which isn't helpful to anyone. I've had about 10 weeks of backwards and forwards with the dealer and trading standards, then the courts as well, and I just don't want false statements being posted regarding my issue with the dealer when I can just re-write it properly
  8. No, didn't come here first. I went through the dealer, then to the official mediation service to exhaust all professional avenues. And I more than understand background info is important - why do you think I am requesting to remove this so I can re-write it? I think it does matter if they find the thread, especially when the title of my thread has been changed to something that is both incorrect and inflammatory - If I am asked about that in court, how do I explain that I am projecting information that isn't true.... A username on an internet forum changed it? You're even incorrect in your description of what happened after reading the thread I've posted. You have stated that I have tried to claim, couldn't, then sold the car and am claiming for my lost money. That's not even the case - I'm not going after the trader for all my lost money. I am asking the trader to reimburse me to put the car into the condition the sales contract stated it would be in. That is why I need to re-write the thread - how can it help anyone when it is not clear?
  9. Because I want to start the thread again. I don't want people to get the wrong idea. A lot of the focus on this thread has been focussed on the issue with the car itself. Even the title has been changed incorrectly - BM Motors hasn't dissolved, BM Car Sales Saltash LTD is the dissolved company, and they are not even the company I paid a majority of the money too. As this is an open forum and I am discussing court action, I want to re-write the entire situation from start to finish as this is a open forum the dealership itself may find it and bring it up in court. As the subject here is messy, can you imagine trying to explain to a judge? It makes me look like even I don't have a clue what is going on. Please don't think that I am not grateful to everyone who has shared their knowledge and experience. All I want it is to start it again properly.
  10. Please could a moderator remove this thread. I would like to start a new topic in a different area from day dot. This thread has been made too complicated with the issue with the car itself, and the title change doesn't reflect the subject anymore either. Many thanks
  11. Thanks for the links and the advice. Sounds like a pointless exercise attempting to take them to court, as the director of the company can take no responsibility and just close down the company. I've watched the Bailiff shows, and they say to always name the director on the court forms as otherwise if they close the company you have no recourse at all.
  12. Thank you again for your advice. I will get a chargeback started. Yes, the car was advertised as BM Motors. The Building the whole transaction took place in was signed up 'BM Motors' The deposit invoice states the deposit was paid to BM CAR SALES SALTASH LTD - this is the company that dissolved in 2020. The balance was paid to BM CAR SALES LIMITED. With hindsight, I should have paid the deposit on a credit card. With my new car, I paid the deposit on a credit card - and took out a little bit of finance on it too (as thanks to this I couldn't afford to buy it outright) The way I saw it, as interesting as it would have been to have it MOT'd elsewhere to see what it would fail on, it wouldn't have changed the facts that I would have approached them and asked them to repair it to a roadworthy standard, and they would have ignored me. Further looking into their online reviews, it isn't the first time its happened to them.
  13. Yes, the claim is for just under £800. I've mentioned a higher number earlier as a fortnight ago the clutch started to give an awful judder, and after reading up to resolve that would likely be a very expensive job. Tried to call the dealer, but no response. They just hung the phone up. So decided the best course of action was to sell the car - I tried to part ex it, but the offer wasn't good enough so I sold it to a dealer for a little more than part x value. So in total I'm £2700 out of pocket in total but the claim is just under £800. I took the car to BMW only - they found the issue causing the squeak amongst the other issues mentioned. The car has not been re-MOT'd as I just had the recommended work carried out at BMW. The car was advertised on Autotrader as 'BM Motors' The dealership visited was BM Motors Saltash LTD - website www.bmmotorssaltash.co.uk Car showed symptoms of other faults - so I had to get rid. Lost all faith in the dealer and the 'warranty' wasn't worth the paper it was written on, and the dealer has already ignored my legal rights with the previous issue. I paid the £495 deposit on my debit card to the company I have since found out dissolved in 2020, and the £9500 via bank transfer. I'm having problems uploading at the moment, but I will keep trying. Thanks again for your help
  14. I didn't feel the whole story necessary as I was asking for small claims advice as the issue with the car itself has been dealt with. I appreciate that it may seem a bit mid-story, but the issue isn't with the dealers legal obligations. I've already been through Trading Standards mediation process and they have sided with me so it us unquestionable that the car was not as described and faulty. But if a brief series of events helps; I saw the car advertised on Autotrader for £10,000. Visited the dealership and viewed the car in person. Left a deposit and arranged to collect the car in a week after a squeaking noise had been fixed, along with an advisory free MOT and Service. Collected the car a week later, very shortly after the squeaking noise returned, took the car to BMW to diagnose - BMW found the squeaking noise wasn't fixed, just bodged. Cause was a faulty dampener, a brake sensor cut and shorted together, and headlights miles out of alignment. I approached the dealer in person and twice by email- no offer to fix. £800 at BMW later, dealer refused to re-imburse me the bill after email requests. Contacted Trading Standards - dealer didn't really co-operate with them and were not acting within the law so they were struck off Buy with Confidence Scheme. Trading Standards advised to take the matter to small claims as they can't force the dealer to pay. Issued letter before action - no response Issued court claim Defence received - Moneyclaim online can't offer help
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