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zas90

Issuing a claim against a motor trader

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I recently bought a vehicle off an eBay trader which developed a serious fault.

After requesting a repair, and being ignored, I had the fault fixed at my expense and sent the trader the invoice for the repairs asking that he pays it.

 

I immediately got messages that were essentially full of nonsense and some abuse.

I proceeded to issue the trader with a Letter Before Claim, giving him 14 days to pay the invoice.

I'm now a few days from issuing the claim, after being in correspondence with trading standards and consumer direct (I think their name is called), I was advised to follow the court process. 

 

I note that the trader has 2 persons listed on his eBay account under business seller information, after extensive research, I know which one of the persons I met when I bought the car, and paid the money to his personal current account,

 

however when issuing a claim, should I issue proceedings against him personally, or should I issue proceedings against both parties who are listed under the business info on the eBay account?

 

Many thanks for the help!

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Name of the person whose account received the money trading as name of ebay username/sale receipt.

Example: 

John Smith trading as ebaydodgydealer/dodgy motor dealer 

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Good for you on being prepared to bring a legal action. Are you sure that you know where the dealer is and that you can enforce the judgement if you succeed? Getting a judgement is one thing but enforcing it can sometimes be more difficult. It will help if you have the residential address of the dealer and particularly if the dealer owns their own home.


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Agree.

If your sale receipt is NOT issued by a limited company you could recover your money.

Another thing, have you informed ebay?

Have you tried calling their customer service?

They're very good and they could help, even if they just restrict the seller's account.

One more thing, did you pay anything with credit/debit card?

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@BankFodderThanks. The cost to issue a claim isn't much, so I'm prepared to issue a claim with the chance that judgment will never be paid, it means that he'll have a CCJ for 6 years, and I'll be exploring both a third party debt order (I have his account number and sort code), or an order to attend court for questioning. I have his address because it's where I bought the car from (it's his personal address). 

 

 

@king12345Thanks, he was not a Limited Company, he trades under his own name and I believe his brother is also listed as the other party on the trading information, money was sent to his personal current account (I refused to deal with cash) via a bank transfer, so at least I have a paper trail.

 

The [problem] actually goes deeper than I first thought, after communicating with a few others who have bought faulty cars from him.

 

He lists himself and his brother, however lists multiple addresses (addresses that aren't residential and are just generic ones in a town centre near him), he tried to meet me in his local town, however I stated that I must view the car at his address.

 

After checking with Companies House (he was an ex director for a wound up company a year ago), and looking on the electoral register, I can confirm that the address I bought the car from is his address. 

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You're on a winner then, at least to crash his credit rating with a ccj

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Hi, Zas90

 

How much has it cost to start the ball rolling might be going down this route myself?

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Posted (edited)

Money Claim Online outlines the fees for different amounts. 

Edited by mch1991

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f you know the claim amount
Claim amount Paper form fee Online claim fee
£3,000.01 to £5,000 £205 £185
£5,000.01 to £10,000 £455 £410
£10,000.01 to £100,000 5% of the claim 4.5% of the claim
£100,000.01 to £200,000 5% of the claim You cannot make a claim online

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Just an update.

 

Claim was issued, defendant acknowledged claim but failed to send a defence within the specified time scale.

 

Now time for enforcement. I'm thinking either bailiffs (I can provide evidence of his assets as per his eBay listings), or I can issue an order for him to attend court for questioning, I've also got his bank account details, so I could even apply for a third party debt order.

 

I also sent him a GDPR SAR because he claimed to have CCTV of myself, my partner and 3 year old daughter when we went to his address, he is in default and has failed to respond, so I'm presuming a complaint to the ICO is in order, and possibly issuing proceedings as hes failing to comply with my statutory rights.

 

Many thanks. 

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Posted (edited)

Apologies if this is the wrong sub forum.

 

I obtained a County Court Judgment against a motor trader as an individual (he's a sole trader), I'm looking to enforce the judgment as it's been 1 month since the judgment was issued.

 

I was looking at issuing an N39 (Order to Attend), from what I understand I apply via the N316, which if approved, the court drafts up an N39 that I'm responsible for serving upon the defendant.

 

A few questions;

 

Can I claim the costs related to applying for the order (£50), and the fees associated with sending a process server to serve the forms upon the judgment debtor?

 

When served, would I need to file anything with the court? Or would the process server only have to send an N215 (certificate of service) to the court?

 

Would you recommend an N39 over going for a third party debt order (I have his bank account number and sorting code).

I considered bailiffs, however from what I understand, County Court bailiffs would have limited powers, especially if he registers his cars in someone else's name.

 

Many thanks.

Edited by zas90

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threads merged

please keep to one topic per issue.

 

never seen the n316/N39/n215 route recommended here 

 

the claim is obv over £600 why not use an HCEO ??

 

dx

 

 

 

 


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