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onestressedwoman

Not fit for Purpose Court action

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Hi 

 

My son purchased a car from a ltd company (Only one emploee him) and it was returned to them as it was not fit for purpose.

It was returned within the 30day period required.

 

We filled in court form N1 to seek redress for the money my son paid him.

However the documents have come back from court as we put too many addresses for him as we had his private addresses too (5)

 

I've spoken to the court and the advice given is as clear as mud.

 

So choices of action available as advised by the court is....

Take action out against the company

or

as him personally.

 

We were considering taking action out against him personally because he seems to have a habit of opening and closing companies

But will he be able to squirm out of it?

 

If we take the action out against the company will he be able to close the company and again my son does not get his money back.

 

My son saved every penny for 2 years to be able to afford a car AND the extortionate insurance they have to pay nowadays 

The car was purchased the day after he passed his test 😢

Now he has no vehicle and no way of purchasing a new one.

 

This man has the cheek to try and charge my son for storing the car on his lot (when the vehicle V5 is in the companies name again)

 

Any advise will really be appreciated as I have to get these forms returned today as this is stressing us both out and I have to send these back to the court today.

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Defendant details
A defendant is the person or organisation that the claim will be issued against (i.e. the party who owes you the money).
You should consider the following:


a) Number of Defendants
There can be up to two defendants for claims issued via MCOL – for claims against more than two defendants you should contact the County Court Money Claim Centre. If you want to issue a claim with two defendants you will need to click the ‘Add a 2nd defendant’ button.

 

Please note
that each individual should be listed as a separate defendant. For example, if you were issuing a claim against a husband and wife, they need to be listed separately as the first and second defendant and not on one line as “Mr and Mrs”.


b) Choosing the Defendant(s)


Each defendant can be one person or an organisation (such as a limited company). Remember, amendments after issuing the claim can be time consuming and may incur
additional fees, so you should consider carefully who is responsible for the debt when adding a defendant(s). Please note, court staff are not legally trained and therefore cannot
tell you who the defendant(s) should be. If you are unsure who to claim against you should seek legal advice.


You should make sure the information you provide is accurate and complete. For any individual defendants you should make sure that you include their forename and family name and that you have spelt their name correctly.


For organisations, you should make sure you have the full, registered name of the company. Please be aware there may be several companies with similar names therefore if the name you provide is incorrect you could inadvertently issue a claim against the wrong company. Please be aware if you use the incorrect name it may not be possible to register judgments or take enforcement action at the later stages of the claim.

 

Providing a valid address for each Defendant


You need to provide a full address within England and Wales for each defendant, including the post code. This is known as their service address. MCOL does not have
jurisdiction outside England and Wales, claims issued to addresses outside England and Wales will be invalid.


 if the defendant is an individual the claim must be served to their usual or last known
residential address
 if the defendant is an individual using a trading alias then the claim may be served to
their usual or last known residential address or their place of business
 if the defendant is an organisation then the claim may be served to their registered
office or to the address where you have been dealing with them
Further information on choosing the address for service correctly can be found in the Civil
Procedure Rules 6.9. An online version of the Civil Procedure Rules can be found at:
http://www.justice.gov.uk/courts/procedure-rules/civil/rules/.

 

Andy


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Andy

 

My son

did not send a letter of intended court proceedings

Is this going to be an issue with the courts?

 

However my son did send notice of the vehicle being returned to him.

 

I have just been advised that even though the log book was changed back into the traders name I am still the owner? If so I'm way annoyed with that as I did this on the advice of DVLA

 

My concern over this is because this man is sending my son letters saying he owes him £1000 for parking costs.

 

This is such a pigs ear of a situation

 

😮

 

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Quote

My son did not send a letter of intended court proceedings Is this going to be an issue with the courts?

 

 

Not really as your son is litigant in person and leniency would be allowed. 


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I found a what's app message where my son said he was going to issue proceedings. I have got receipts to confirm timeline but missing low loader receipt 😕

copies of letters and what's app demands from trader demanding money for vehicle left at the business address

 

these demands for money are really worrying him!

 

i so hope this goes my son's way he spent every penny he had on this car

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Quick further question 😂

 

We filled in the form as COMPANY NAME (SALES PERSONS NAME/OWNER OF BUSINESS)

 

We wrote it like this as all communication has been sent directly to (owner of business)

 

As all documents sent to COMPANY NAME/Trading address have been refused)

 

Letters which were sent to the private address were signed for

 

Shall we take name off papers to be submitted in details of claim

Edited by onestressedwoman
additional info

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Each defendant can be one person or an organisation (such as a limited company). Remember, amendments after issuing the claim can be time consuming and may incur additional fees, so you should consider carefully who is responsible for the debt when adding a defendant(s). Please note, court staff are not legally trained and therefore cannot
tell you who the defendant(s) should be. If you are unsure who to claim against you should seek legal advice.


You should make sure the information you provide is accurate and complete. For any individual defendants you should make sure that you include their forename and family name
and that you have spelt their name correctly.


For organisations, you should make sure you have the full, registered name of the company.Please be aware there may be several companies with similar names therefore if the name you provide is incorrect you could inadvertently issue a claim against the wrong company.


Please be aware if you use the incorrect name it may not be possible to register judgments or take enforcement action at the later stages of the claim.
A sole trader is an individual and not an organisation. To enter a sole trader as a defendant, select ‘Individual’. In the ‘Surname’ box type their surname followed by either
‘T/A’ or ‘trading as’ and then their trading alias (you will also need to provide their forename / title in the relevant fields).


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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I submitted the paperwork online yesterday with a list of documentation they hold and time line etc.

 

I put the full company name as listed on companies house with the trading address on the form.

 

They way I think this read was proceedings against the company with sales man whom was dealing with this issue in brackets (Also the owner and only listed employee of the firm)

 

If this bounces back I'm sure my son will just give up 😕

 

if this man continues to levy charges against My son for storage costs of vehicle we will have to take criminal action against him as he has dragged the car and broken bumper headlights wheels are bent which would be classed as criminal damage yes?

 

I just have my fingers and toes crossed for him.

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you cant sue a salesman working for a company,

the company is vicariously liable for anything that salesman does,

including killing your son with a dodgy motor.

 

If the person is a sole trader you state their name trading as xxxx  or xxxxltd.

If they are returning post address to the business then they will lose by default because the registered address IS the correct one.

 

you cant take criminal action against him but rubbishing his claim for storage costs is quite simple when the vehicle has been rejected under the CRA as it isnt your son's problem.

 

you are being mucked about and are believing his bull

 

Andyorch gave consise information to help you and you have not followed that advice

 

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Eric's brother

Indo apologize if I have offended you however some people have cognitive difficulties but some people presume that everybody has the same understanding nor memory to take in all details 

 

Either way don't think your comment was justified oh osw you have completed it incorrectly would have been more polite 

 

I do appreciate all Andy's assistance as he has helped me in the past I am sure he knows that 

 

 

 

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You don't say how your son paid for the car. Was there a credit card or HP involved in any part of the payment ??

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Hi scaniaman

 

My boy paid in full in cash.

If it was on a card he could have get money back that way?

The court papers have been submitted

However previous poster didn't understand what I was saying I did detail the defendant as .....

 

But in spiel mentioned the man's name along company name but action taken against company. 

 

He has until the 11th of November to respond

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