German Car Shop , Leicester - sold unroadworthy car - won't take it back

[stu007]

Sho Car Ltd  

 

Registered Office Address:

 

20-22 Wenlock Road
London
England
N1 7GU

 

Company Number: 10961566

 

Director: Shoheb Majid

 

Trading Name: German Car Shop, 391 Abbey Lane, Leicester, LE4 5QJ   (look at FCA link below)

 

Companies House Link:

SHO CAR LTD overview - Find and update company information - GOV.UK

FIND-AND-UPDATE.COMPANY-INFORMATION.SERVICE.GOV.UK

---

SHO CAR LTD - Free company information from Companies House including registered office address, filing history, accounts, annual return, officers...

 

FCA Register Link:

NewRegister

REGISTER.FCA.ORG.UK

 

 

[FTMDave]

I understand the dealer has replied to your Letter Before Claim "the matter has already been dealt with as it settled in full and final settlement."

 

So it's time to draft your Particulars of Claim.  They don't have to be long.  Just briefly describe your purchase of the car, that it was unroadworthy, the money you've spent on repairs, the money you will need to spend, the refusal of the dealer to respect certain legislation, etc.  We'll help with any tweaking.

 

I think you might as well complain immediately to Trading Standards.  I'll draft something short when I have a minute, immediately linking to the case they prosecuted to grab their attention.  The same offences are being carried out at the same property although apparently, coincidentally, er, by completely different people.

 

Please get your ex-partner to write a letter with his details and his denial that he posted on this thread.

[German car shop]

I dont see anything coincidental about it.  The property was up for rent and we took it on. It was empty for a long time prior to entering it. The previous tenants were there long before we were. We have never met them, its really not that hard to grasp. A little research will answer it for you. I wont be held responsible for some strangers actions and nothing you cook up will change that. I can appreciate you trying to help people who need it, however creating lies and telling people to lie is something else.

[FTMDave]

Cyrylbea,

 

1.  I understand you've drafted your Particulars of Claim.  Well done.  You might as well open an account with the Money Claim On Line website now.  You can even save your work as you go.  That way once the 14 days are up you can immediately enter your claim.

 

2.  I also think you should complain to Trading Standards straight away. No reason to wait.  The website is  https://ssl.datamotion.com/form.aspx?co=3438&frm=general&to=flare.fromforms

 

I suggest you send this about the trader:

 

While doing research regarding an unroadworthy car I had inadvertently purchased, I found that around November 2017 you brought a successful prosecution against three men who had been selling unroadworthy cars from a site in Leicester, presumably bought from auction and presumably with MOTs being issued without any real checks being made on the cars. Two of the men were imprisoned https://www.tradingstandards.uk/news-policy/news-room/2017/leicester-men-sentenced-for-selling-dangerous-vehicles

 

On 22 May 2021 I bought a car for £5430 from a business, Sho Car Ltd T/A German Car Shop, from the very same site. Within a week after purchase I realised that the car was not fit to drive, in particular the brakes were worn down to the metal. There are many other faults too. I estimate it would cost me £2464 to carry out all repairs.

 

The dealer refused to take the vehicle back and ignored all responsibilities under the Consumer Rights Act and other legislation. 

 

The offences you had prosecuted in 2017 are still going on at the same site.  I'm not suggesting the same people you prosecuted are involved - I simply do not know.  But it is exactly the same site.

 

The dealer's site https://www.german-carshop.co.uk/ looks very professional, full of great reviews – presumably written by themselves. There is certainly one review in my name that I did not write.

 

I hope you will investigate this company as the sale of unroadworthy vehicles will ultimately end with someone being killed.

 

If you need any other details about my experience please contact me at any time.

 

3.  Good idea to get a letter from your ex-partner given someone impersonated him here.  No need for us to see the letter, just make sure you have it ready for the judge.  If he is OK with the following get him to state this:

 

                                                                                                                                (His address) 

 

                                                                                                                                 (Date)

 

My name is XXXXX and I am Ms Agnieszka Misiaszek's former partner.  We were in a relationship from XXXXX to XXXXX.

 

I know that Ms Agnieszka Misiaszek is in legal dispute with a company called Sho Car Ltd T/A German Car Shop regarding a car she purchased.

 

I understand that someone impersonating me wrote on the site of the Consumer Action Group where Ms Misiaszek's is asking for legal advice, stating she had previously lied to car dealers to obtain money and that she has mental health problems, is an alcoholic and is suicidal.  None of these claims are true and I did not write the "post" in question.

[Cyrylbea]

Thank you for your advice , highly appreciate. I m about to get on with above points , I already did first one.

 

Edited November 19, 2021 by Cyrylbea

[Kyosanto]

Any business which in the year 2021 makes light of mental illnesses and call their customers "bipola" need to close shop and return to the middle ages whence they came from. 

[BankFodder]

4 hours ago, Kyosanto said:

Any business which in the year 2021 makes light of mental illnesses and call their customers "bipola" need to close shop and return to the middle ages whence they came from. 

Bravo.

[FTMDave]

Cyrylbea,

 

I've done some work on the PoCs.

 

I don't really think you need to specify every repair - but let's see what others think.

 

IIRC the dealer's 14 days run out on Thursday, right?

PoC.pdf

Edited November 21, 2021 by FTMDave
Forgot to attach the attachment!

[Cyrylbea]

Thank you.

Loc  was issued on 10.11.2021 so you are correct , run out on thursday.

 

[FTMDave]

I forgot to attach the attachment above!  Now it's done.

[FTMDave]

New version of PoCs.

 

All ready for Thursday.

 

Tick, tock ...

Revised PoC-converted(1).pdf

[FTMDave]

On Thursday, one minute after the 14 days' notice runs out, file the claim.

 

Send a copy of the claim to Trading Standards too.

[Cyrylbea]

Will do that , thank you .

[Cyrylbea]

Can I get some help please , I m about to fill POC on MCOL . I m not sure what figures write below

I presume I select Yes and then answer questions below : 

- Date money become owed to you - ?

- Date you are issuing claim -  will be today date 

- Claim amount - 2338£ 

- Daily rate of interest up to the date of judgment - ? 

 

 

 

You are required to give details of your claim in the box below. If you wish, you may also send detailed particulars direct to the defendant. If you need to do this, please tick here 

You must serve any additional documents on the defendant within 14 days after service of the claim form.

Do you want to reserve the right to claim interest under the County Court Act? If yes please select 'yes' and complete the following fields. If you wish to claim interest under any other act or agreement please select 'no' and enter the full details of your interest agreement in the box below.

 

 Yes  No

Right to claim interest is required.

If yes is selected, the relevant associated text will be automatically inserted in the claim particulars when the claim is submitted.

 

Date money became owed to you (dd/mm/yyyy):

 

 

Date you are issuing the claim (dd/mm/yyyy):

 

 

Claim amount:

£

 

Without interest.

Daily rate of interest up to the date of judgment:

£

 

Please enter the interest as an amount. If you are unsure how to calculate the rate of interest please refer to the user guide.

A short statement (maximum 1080 characters) of what you are claiming for and why.

 

Edited December 1, 2021 by Cyrylbea

[AndyOrch]

The date you paid for the car

 

 

The rate is usually 8%.

To calculate this, use the steps below.

1. Work out the yearly interest: take the amount you’re claiming and multiply it by 0.08 (which is 8%).

2. Work out the daily interest: divide your yearly interest from step 1 by 365 (the number of days in a year).

3. Work out the total amount of interest: multiply the daily interest from step 2 by the number of days the debt has been overdue.

Example

If you were owed £1,000:

• the annual interest would be £80 (1000 x 0.08 = 80)
• you’d divide £80 by 365 to get the daily interest: about 22p a day (80 / 365 = 0.22)
• after 50 days this would be £11 (50 x 0.22 = 11)

[Cyrylbea]

Thanks

 

[Cyrylbea]

W

Edited January 7, 2022 by Cyrylbea

[Cyrylbea]

Hello

I have been away 3 weeks , today opened the post and there was

" Notice of proposed Allocation to the small claims track " and a car dealer defence which like expected  contains  untrue information .

I have to fill it by 10 january so by tomorrow ( maybe I can put little note that I wasnt able to check post for 3 weeks ) .

 

Any advice highly appreciated.

 

Adobe Scan 09 Jan 2022-1.pdf Adobe Scan 09 Jan 2022 (1)-1.pdf

Edited January 9, 2022 by Cyrylbea

[AndyOrch]

 

[Cyrylbea]

Thank you.

So there is no need to fill anything online ,  Shall I just post it tomorrow and preaparing my defence ? 

[AndyOrch]

Preparing your witness statement and evidence (disclosures)

[FTMDave]

3 hours ago, Cyrylbea said:

I have to fill it by 10 january so by tomorrow ( maybe I can put little note that I wasnt able to check post for 3 weeks).

I think it's important that you follow the court's instructions to the letter, because if you don't you can be sure the dealer will use that against you.

 

The DQ is just a short document.

 

You can e-mail it to the court.  Probably best to do it twice and ask for a return receipt.  Make sure the claim number and the names of the two parties are in the Subject Field.

[Cyrylbea]

Thank you.

"At which County Court hearing centre would you prefer the small claims hearing to take place and why ?"

My response :  I prefer at my local County Court becouse its close to me .

 

Will be enough that to have it at my Court ? 

[FTMDave]

Add "I am a Litigant in Person while the Defendant is a company with many more resources than me".  Name  which local court it is.

[Cyrylbea]

Thank you