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Hi everyone

 

quite some time ago I posted about my car which needed almost £1000 worth of work doing 3 and a half weeks after purchasing.

 

Other than the odd abusive phonecall we recieved nothing from the dealer we bought it from so took the case to court and won when he didnt defend it. he appealed and said he had never recieved any papers, filed a defence and we went to court. he never showed up, the application was struck out and costs were added to the sum owed.

 

problem has come lodging his CCJ. he is trading under 2 names. to simplify without giving too many delails, the man we dealt with from looking at the car until this point is john smith and his business is called johnsmith.com. that is the name advertising on auto trader, name of the website. all our receipts have a different name on. didnt seem odd at first as assumed that one was his trading name but he advertised with his web adress. I have put both names in google and they have identical websites (both with a johnsmith.com banner) same list of cars advertised, same phone number.

 

however johnsmith.com is a healthy business with assets and the one on my reciept is totally seperate and worth nothing. he is the director of a third as well, also worth nothing.

 

CCJ has "accidently" been lodged against johnsmith.com. we are waiting for him to try to counter sue to get it removed which will cost him a great deal as being the deffendant we would move the case to a court near us (we live at opposite ends of the country) forcing him to consider settling out of court.

 

what I am wondering is though, how is it possible? he must be moving money and assets from one company to another. would the tax man be intrested? I doubt he is the brightest of men as he not once sought legal advice. on the other hand he could be very shrewed after years on the fiddle?

 

help!!

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he is a car dealer. they are all like this. mostly. they will ignore and ignore.and hope you go away. which unfortunately is what5 most people do.

 

your assumptions are correct. stuff is being moved around from company to company.have you been in touch with trading standards local to him?? they may know of him already.

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hi. thanks for the reply

 

good to know it looks odd to someone else, I wondered if my judgement was clouded. i dont know of course if all cars are sold through this business or just mine if he knew it was dodgy

 

as an aside a few months on I had a £3500 repair bill due to a warped head! was probably a product of the first problem but went undiagnosed at the time. only became apparent when the engine blew up! was too long after the sale and had done too many miles to pursue but I am certainly not giving up on recovering the first lot of money spent until all possibilities exhausted.

 

will look at trading standards in the area and get in touch..

 

thanks again

 

Alex

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apologies for my ignorance. hubby has been dealing with the legalities

 

both companies are LTD. they are seperate companies, with no parent company. all are registered at companies house with different numbers.

 

he is independant and not affiliated to any other big company

 

does that answer the question?

 

thanks

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Yes, it answers the question.

 

I see from your original post that the receipts have a different name to the one advertising the cars. Which did you make payment to, and what method did you use? In other words, did they mislead you into thinking that you were dealing with one company whilst in fact you were dealing with another? My thinking is that there may be an offence under CPUTR, and that might make it possible to pursue the company with the money, or the directors.

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we thought we were buying the car from the company we visited. the car was found on auto trader and we visited the website Johnsmith.com to get contact details and directions. we spoke to and dealt with the man John Smith. it didnt seem odd at the time (although now realise it was stupid not to question) that the receipt was different. we paid by direct debit and checking back on bank statements it also has the name of the other company as the person paid.

 

it would be fair to say that we were mislead

 

off to do some googling

 

thanks very much

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just realised I have put direct debit as form of payment but that doesnt make sense! we paid in full with a debit card at point of sale.

 

have been reading through the legislation you mentioned and I think I have found the relevant area. it very much looks like he could be in breech as it was never explained that the company which advertised and premises we visited was not actually selling the car. have passed all the details and relevent paragraphs to my other half who now thinks I am very clever!

 

thank you so much. Will hopefully be updating with a success! good to know there is another route to go down should he still not pay up. I have regained some optimism!

 

Alex

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Thanks for your input Conniff.

 

It is something we have considered as I assume it would be fairly straightforward when the business has a whole load of cars sat outside! just waiting now to see how he reacts. if we cant make the CCJ stick to the company with assets it will be good money after bad I suppose.

 

have a feeling this might take some time....

 

thanks again

Alex

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