BM Motors Company ,faulty car - Who should i have taken to court?

[BankFodder]

I'm afraid that it is a typical feature of Internet forums that discussions don't always progress in a straight line. Even if you start a new discussion, you will find that people will come in with their own ideas and comments which will divert the discussion in some way and it always has to be pulled back.

You come here for free advice and we can probably give you your best chance that you need to accept that this is the way that Internet discussions go and run with it.

I'm still waiting to see your claim form and your defence in PDF format – and I'm not sure why you have provided those to us yet. It's quite important we see them.
Stephen not having that creates a delay and also prevents the discussion moving on in a proper direction. If you want to help to bring this whole thing on track then you really should give us the information that we think we need.
If it turns out that we are wrong and that the information is not relevant then nothing has been lost.

I'm also intrigued a comment you made earlier on in this discussion that you went to some mediation service. What mediation service was that?

I still don't fully understand who you have sued. That is in a great part because you have provided us with the documents that we need to see. However I am starting to gather that you think that you paid a debit card deposit to one entity but in fact your contract was with a different entity – the second one that you dealt with.
I understand that you probably have sued the first entity to whom you paid the deposit and that the defence is saying that there was wrong.

At the moment my instinct is that your contract is with the entity to which you paid the deposit, that you have sued the correct party and simply the fact that the defence said that you send the wrong party doesn't make what they say correct.
It sounds as if the defendants have generally ripped you off anyway, why on earth do you trust them now?

It would be helpful if you would pull this back on track and give us the information we think we need and stop worrying about how the discussion is going.
 

[DH1991]

The car was advertised @ BM Motors on Autotrader. The Building the whole transaction took place in is signed up 'BM Motors'

The deposit invoice states the deposit was paid to BM CAR SALES SALTASH LTD - this is the company that dissolved in 2020.

The balance was paid to BM CAR SALES LIMITED.

Trading Standards was the mediation process and they have sided with me so it us unquestionable that the car was not as described and faulty. The dealer didn't really co-operate with trading standards and were not acting within the law so they were struck off Buy with Confidence Scheme.

I have named two defendants as individuals.

The first defendant is named director linked to:

BM Motors Saltash LTD (Company number: 10078600)Active

BM Car Sales Limited (Company Number: 1185978)Active

BM Motors Saltash MOT LTD (Company Number: 13448477)Active

BM Car Sales (SW) Limited (Company number: 13751588)Active

BM CAR SALES SALTASH LTD (Company number 09658048) Dissolved

Second defendant is named director linked to: 

BM Motors Saltash MOT LTD (Company Number: 13448477)Active

BM Motors Saltash LTD (Company number: 10078600)Active

I named both directors of the company I bought the car from as an individual, and the director of their sister company based in the same building who prepared the car for sale 

I thought this was a more sensible course of action than taking 5 different companies to court as the 5 different companies all have the same directors and all have slightly different variations of the same name.

Hope that helps

 

[BankFodder]

Thanks for this. It's helpful.

Please could you tell us the name of the directors who you included as defendants in the action and also when do we get to see the claim form and defence in PDF format please.

[DH1991]

Just to update the thread.

I'm not uploading the PDF's as the claim is no longer active, I had to close it as it was pointless to continue.

My claim was against Monaf Kussey Altamimi and Adam Steven Elston as Individuals.

I used the correspondence address as BM Car Sales LTD, 2 Brunel Road, Saltash, PL126LF as I thought that having the company name there would show they were part of the company.

I asked Trading Standards to provide me with a statement to use as supporting evidence of the dealer breaching my consumer rights.

After forwarding them the evidence I had to initiate my complaint weeks ago, and them following it up and agreeing with me when I was discussing with them about what the dealer has done,

they provided me with a statement to say that the dealer hasn't breached anything whatsoever contradicting everything that they had discussed with me, I was absolutely gutted to read that.

I don't understand why they followed up the complaint if they thought the dealer hadn't done anything wrong.

there was no chance to win a court case that the body there to support consumers when things go wrong is supporting the dealer.

I can still upload all my communications with Trading Standards and the Dealer to show what was discussed.

At the very least, the information will be out there on the internet and could warn other potential purchasers to be very careful if they decide to deal with them.

Thank you again to everyone who has spent their time and effort responding to my post on here.

Thank you.

 

[BankFodder]

Well I'm very sorry that you have apparently withdrawn the claim.
Trading standards is wrong. The dealer has breached your consumer rights and you had an excellent case against them with a very high chance of success.

I have no doubt in my mind that the entity to whom you paid the deposit is the entity with which you contracted. The invoice et cetera which came after it was simply contractual documents but didn't represent the contract themselves.

I don't understand why you set so much store by what trading standards have said and I'm very sorry that you would C the documents which would have made a huge amount of difference.

As you had already spent the money on the claim it would have been no loss to you to have continued for a little while longer at least and have given us time to look at the documents and to express a better opinion.

I'm afraid I think that you thrown your money away for no good reason.

Also, you came here for advice and then you really wouldn't let us give it to you because you only gave us a small portion of the story.

We are always here to help you but this is not simply a Facebook exchange. We give serious advice and we get serious results. In fact by and large over the last 16 years, we have never lost a case once we have encouraged somebody to go ahead and bring the action.

 

[DH1991]

Thank you for your response.

Following speaking with the court to amend the claimant as I mistakenly took the wrong people to court, that was going to be costly and difficult, and not guaranteed that it could be done.

I withdrew the claim as it was clearly wrong, and being proven wrong I was sure I'd be liable to pay their costs.

I was, and still am totally convinced my rights have been breached. I just don't know if I can do anything about it. I know I have likely spoiled it for myself, as I started a claim against the individuals... I don't know if I can bring the case again, but against the contracting party.

Do you think it is worth uploading the documents to this thread, or starting a new thread going through it start to finish?

After the past 5 years dealing with a probate issue regarding my late fathers estate, I have lost faith in the courts and justice system - but that is a different story.

I have taken your previous advice and started a chargeback, so I am awaiting their response.

Thanks again

[BankFodder]

I've been asking you several times to upload the documents .

Why are you asking once again if they should be uploaded ?

Once again, I also think that you may well have sued the correct people the first time

 

 

 

[DH1991]

Please find the sales documents attached as a PDF.

BM Motors Sales Documents.pdf

Please find BMW Report and Repair Bills attached

BM Motors Repair Bills.pdf

BM Motors Email Conversation.pdf

Emails from me are in Bold

I will send the email conversations with trading standards and the 2 letters I wrote to the dealer in tomorrow.

Thank you again for your help so far, it is much appreciated.

[BankFodder]

Sorry but I don't understand why. The one thing that we've been asking to see seems to be the one thing that you aren't providing .

We've asked you several times now to see the claim form and the defence in PDF format .

We're not asking you to show us your willy, just some court documents.

And by the way, what is it that has convinced you that you have taken the wrong person to court?

[mantis shrimp]

The invoice - is this 2 separate documents or one 2 page document, each page headed with different company names? 

Above comment has been removed by someone.

[BankFodder]

I don't really understand what you have just said.

However, you can be certain that if somebody has received money on behalf of a company which was dissolved, then that person will be personally liable.

If that person has then produce a defence saying that you have sued the wrong entity, then I can understand perfectly well that they are trying to avoid personal liability and attempting to shift it onto a company which then is easily dissolved.

Even if the company is not dissolved, seeing a company can have its own problems because it may not have any assets or it is easy to disguise assets. On the other hand, if you sue an individual then if you are able to identify the assets of the individual you can reach them if you have a judgement.
Suing the individual and also a company may give you a bit of a belt and braces approach.
You haven't been very forthcoming at all the information but I gather that you may have sued the individual to whom you initially paid the deposit by paying a limited liability company which in fact is no longer in existence.
You have then been fooled into withdrawing your claim.

If that's what has happened then – Big Fail.

If that's what has happened then you came here for advice and you haven't allowed us to help you and you've gone your own way and withdrawn the claim with the consequent loss of court fees not to mention the inconvenience to yourself – and to us.

[DH1991]

I was replying to mantis shrimp  - But I can see the comment has been removed

[BankFodder]

What how about replying to the comment that I put up