SMETHWICK TRADE CENTRE LTD/Saleem Ahmed faulty car - got judgement now Court Enforcement

[Staffsshot]

Good day gentlemen, forgive me if I’m posting my question in the wrong area as I’m new to this.

 

Brief background , I purchased a second hand car from a used car dealer in December 2019 that subsequently developed a fault within 6 days and having driven it twice.  On contacting the seller he continually fobbed me off and shirking responsibility.

 

I felt I had no option other than small claims court.

 

I was given judgement in my favour for the full amount claimed. This was very early 2020 pre pandemic.

I heard nothing from him and I escalated the case to High Court Enforcement.

 

Due to the pandemic, they were unable to visit him at his home address until late 2021.  His lease had expired at his premises and he had vacated it.

 

The officers attended his home address twice and they had no reply. There were 4 cars at the property but none were a match with his name.

 

He applied to have a stay of writ and finally the case came to court again May 2022.

I attended, he did not but had a solicitors agent representing him.

 

The judge found in my favour and was ordered payment in my favour. His solicitor and the judge requested my bank details.

 

He contacted me last week  by phone saying he had no money as no one is buying cars due to high fuel prices.

 

My question is, where do I go from here. It seems to me having paid and instructed High Court bailiffs they’re toothless in this case.

 

Apologies  for the long post. Any and all advice gratefully received.

 

Incidentally , the car is a Mercedes cabriolet been untouched in my locked garage for 2 and a half years.

Was it all worth it I ask myself

Edited June 16, 2022 by Staffsshot

[stu007]

Hi

 

I am sure other will be along to advise you so please be patient.

 

Could you give us the name of the Dealership so we can do a bit of research on this lot?

 

Under no circumstances deal with this individual by phone insist they put anything they have to say in writing.

 

 

 

 

[unclebulgaria67]

What was your claim for  ? Repair costs ?   Value of judgement ?

 

Was the claim against a sole trader or a Ltd company ?

 

Next step would depend on company type and details of judgement.

 

 

[Staffsshot]

Thanks  stu007,  it’s not a dealership as such but it’s called Smethwick Trade Centre Ltd in Birmingham.

 

I forgot to mention that I haven’t as yet received the written judgement from the court, they say it is currently taking 19 days to issue.

 

The Judge said he will make the order that payment must be made in 7 days.

 

The claim is for the original purchase price.

The bailiffs have added their fee making the total amount £4141.85

 

The claim is against Smethwick Trade Centre Ltd and also the director Saleem Ahmed. Both were named on all documentation

[unclebulgaria67]

Wait for written judgement to come through.

 

What has the HCEO advised following this latest judgement ?

 

The problem you have is that the ltd company may close down and then trying to get money from the person as director of that closed company may be difficult.

 

As far as you know is your judgement against the person and not just them as a director of the Ltd company ? 

 

I would want to know exact wording of the claim and then try to understand legally what the options were. 

 

Once you have the written judgement, if they don't pay within time period allowed, you could get them back into Court to go through their financial position to pay you. However, this would cost you more, with you still being no further forward.

 

What is the situation with the car ? Can this be sold ?  What is current value ?

[mantis shrimp]

This company does not look healthy: 

SMETHWICK TRADE CENTRE LTD overview - Find and update company information - GOV.UK

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

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SMETHWICK TRADE CENTRE LTD - Free company information from Companies House including registered office address, filing history, accounts, annual return, officers, charges, business activity

 

[mantis shrimp]

And here is the director. 2 previous dissolved companies. None of his companies have ever filed accounts: not a gent who takes company law seriously.

 

Saleem Raza AHMED personal appointments - Find and update company information - GOV.UK

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

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Free company information from Companies House including registered office address, filing history, accounts, annual return, officers, charges, business activity

 

[unclebulgaria67]

As you will see from this companies records, does not appear much hope in obtaining the judgement.

 

Wait for judgement and ask HCEO about way forward. 

[Ethel Street]

According to the Companies House Filing History they changed their Registered office address from 4a Rabone Lane Smethwick B66 3JH to King’S Court. 17 School Road School Road Hall Green Birmingham B28 8JG on 26 January 2021. Did the HCEOs attaned at the new address?

 

 

SMETHWICK TRADE CENTRE LTD filing history - Find and update company information - GOV.UK (company-information.service.gov.uk)

 

[honeybee13]

Sadly that's the address of a business centre, Ethel. We had an HMRC thread where an adviser used a business centre and they were never traced. I would like to be proved wrong though.

 

HB

[dx100uk]

If you named him on the claimform then get a copy of the deeds for his home from land registry and if he solely owns the property put a charge on his home.

 

Dx

[Staffsshot]

Thanks for all the replies and suggestions.

 

HCEO are aware of his business now being at an office centre only.

They haven’t attended there as yet.

 

Very good suggestion re LAND Registry

 

My plan is to await the letter from County Court with written confirmation, I have notified HCEO that I shall forward this to them.

 

As far as value of car currently, with mot expired and issues with engine that is not an option to sell the vehicle.

 

Thanks again gents

[Staffsshot]

@dx100uk I’ve had the result on the search for title deeds through.

The defendant is not the only name on the title, also his wife’s.

 

Thats a dead end alley to go down then I presume, thanks for the good suggestion  however

[unclebulgaria67]

Might put pressure on him to pay you the amount, even if you could not force a sale.  But obviously look at other options with the HCEO.