ecarsuk/RS Cars - Advice on small claims on faulty vehicle

[BankFodder]

The shorter the better.  You need the bare facts and no more

[DCF88]

So I’ve had no response and it looks like a ccj will be issued on April 1st.

 

Ive swung by the garage tonight and unsurprisingly he’s changed his signs on his garage to a new name. Now I’ve searched this name online and I can’t find it anywhere on companies house but his trading name is still on there as active.

 

Where do I potentially stand with all this?

 

Could I still pursue him even if he has changed the company name?

[BankFodder]

Just to get things straight, they supplied you with a receipt with the limited liability company name on it. Is that correct?

Is that still the same name that they are operating under now?

 

[DCF88]

Yes I have the receipt with their trading name on there.

 

They have changed their signage to a new name but I don’t know if they are trading under this name, I can’t find it on companies house but I can find the name which they sold the car to me under.

[DCF88]

Company who sold me the car is ecarsuk limited.

 

New signage says RS Cars and that’s it.

[dx100uk]

thread title updated for clarity

 

[BankFodder]

 

Well here's the companies house entry for this company. You had better check on your receipt that this is the one that you have there. There are several others with very similar names which are dissolved – but I don't know if they are connected. Notice that these ones haven't supplied any accounts they are overdue.

If this is the name on the receipt then I suppose that you better sue them in that name – but you better watch out for trouble.

[BankFodder]

In fact I just realised that you posted up some of his company information already. – Still it looks a bit worrying.

[DCF88]

9 minutes ago, BankFodder said:

 

Well here's the companies house entry for this company. You had better check on your receipt that this is the one that you have there. There are several others with very similar names which are dissolved – but I don't know if they are connected. Notice that these ones haven't supplied any accounts they are overdue.

If this is the name on the receipt then I suppose that you better sue them in that name – but you better watch out for trouble.

 

Yep that’s the exact name on my receipt and that’s the name which I’ve used in my court documents. My worry is he’s now changed his signage to RS Cars but I can’t find that company anywhere.

 

You can see he’s done this before and I’m concerned he’s going to slip out the net and start over without any repercussions. How are these people allowed to get away with it.

 

April 1st can’t come soon enough to get this CCJ enforced, although he’ll no doubt get out of that as well. 

[BankFodder]

Keep an eye on the companies house web check to see if there are any moves to dissolve the company. When it comes to issuing the claim, you could issue in the name of the limited company, trading as ECars UK and RSCars.

It won't make a little difference – if his limited liability company is still going then that will be good enough – but you may as well cite his trading names as well. It will do you no harm.

[DCF88]

Ok that’s a very good point.

 

Thank you very much for your advice up to this point, it’s much appreciated.

 

I’ll update when the situation changes.

[DCF88]

An update,

 

So his time is up and I had no response (shock), I’ve now pursued the CCJ and I will be informed within 14 days as to whether it will be granted or not.

 

Bit disappointed he’s got all this time seemingly trying to avoid paying by trading under a different name. That new name is still not registered with companies house but the name he sold the car to me under is still registered and trading so there is hope.

[DCF88]

Small update,

 

I’ve been on holidays the last 14 days and in that time the paperwork came from the courts ordering him to pay. I know he’s going to outright ignore it so I have instructed the bailiffs to act today. They will contact me when they have received the writ from the high court.

 

I still feel this guy will dodge this bullet somehow but I’m hoping the bailiffs give him a fright when they turn up.

[BankFodder]

Can you remind me what is the value of the judgement?

 

 

[BankFodder]

Looking over this straight very quickly I see that the judgement is probably for about £2,000. This is over the £600 threshold which allows you to have the judgement enforced by high court enforcement officers. You say that you have instructed bailiffs. Is that correct? if it is correct then it was a mistake and you should try to take the instruction back from the bailiffs and have the matter transferred up using the high court enforcement officers. It should only cost you about £66 and the rest of the enforcement fee will be levied against the garage. You need to get this confirmed in writing from the hceo but they will not come back to you if the enforcement fails.

 

the bailiffs are nearly powerless and are easily turned away where else hceo have got real teeth. You must have his enforced by hceo

 

[DCF88]

 

Oh seems I have made a mistake there then.

Yes it’s for around £2200 in total now and I did instruct the bailiffs as I was advised to, in hindsight perhaps I should of came here first.

 

Just checking and on my email it does say high court enforcement who are now getting a sealed high court writ, maybe I am using the incorrect terminology?

 

Also it did cost me £66 so I’m guessing that’s what I’ve done which I thought is instructing the bailiffs but clearly not.

[BankFodder]

Yes it sounds as if you may have done the right thing. Where did you get your advice from?

I'm not sure how helpful it is to you to be popping around picking up advice from different places because it seems to lack continuity. At the very least if you asked for advice here you should doublecheck what we have to say as well as following your other advice sources.

If you have had the matter transferred-up then are you sure that you are definitely on a no-collection-no-fee basis? If you aren't then a collection failure could have catastrophic financial consequences for you. Were you advised this by your other source of advice?

[BankFodder]

I suppose you have seen this 

 

 

[DCF88]

I looked online as to what to do after receiving the court order, I thought that I was going in the correct direction with regards enforcement officers. 

 

Ive written off my losses already for the vehicle, I’ll be surprised if I get anything out of him but I’m going to check the no collection no fee basis as that is excellent advice.

[BankFodder]

I suppose if I criticise you about the way that your lack of constancy in taking advice you will tell me that I'm being a bit harsh. 

[DCF88]

Possibly, I’ve taken every bit of advice given off here though, it’s been a great help. You do have to remember that most people including myself come here because we lack the knowledge. 

 

I’m open for criticism when deserved no matter how harsh I believe it is though. I actually think the whole process has been fine if not a bit drawn out because of my lack of knowledge.

 

 

[BankFodder]

Yes, you've taken our advice – but when it came to enforcement you sought it somewhere else. It seems as if you may have stumbled on the correct approach – but I hope also that means that you have protected yourself from a collection failure. If you haven't, it might be quite serious.

[DCF88]

You’re absolutely correct, I think I dived in a bit too soon with regards collection instead of seeking advice here. I’ve gone on their t&c’s and it says £75 per address if they are unsuccessful.

[BankFodder]

Okay it looks as if you are protected. The collection fee for this kind of thing is normally over £2000. If they manage to enforce against the defendants then that is roughly what will be added to the final bill. This is not something that you really want to have any responsibility for

[DCF88]

6 minutes ago, BankFodder said:

Okay it looks as if you are protected. The collection fee for this kind of thing is normally over £2000. If they manage to enforce against the defendants then that is roughly what will be added to the final bill. This is not something that you really want to have any responsibility for

 

Jesus I would never have thought that. Thanks for the heads up.