Cannot begin MoneyClaim online, as defendants company address is different to their info within Companies House

[Tara100]

Re: Court MoneyClaim.

Apologies, but I couldn't see the right place to post this query.

 

Hello. 

I am now starting the claim with the online money claims service, for an amount under 10k (over 5k)

It involves a used car trader who is registered as a limited company. They moved premises summer 2022, but haven't changed their details with Companies House. I am quite certain they have no dealings with this registered address anymore.

This is causing me huge problems with the court claim...

 

I purchased the car this year from their showroom at their new address, and also this is where the trader has read and responded to letters, including a pre court action letter.

 

I am at the step online of adding the traders' details in the online MoneyClaim, but if I give the old address, I am knowingly allowing court documents to not get to the trader (apparently the trader can then dispute not receiving the claim later on, if my case goes to default through the traders' non responsiveness)

 

But, if I state the true address where the traders' showroom is, then I am going against the rules for adding the Companies House registered address.

There is no box to add an explanation.

 

Most recent advice given by email, is to 'send a copy to the new trading address' - what copy this is, I don't know.

Any docs from the court will still go to the old address where the trader has no access to anyway. I feel there will be a complete mess up...

 

The MoneyClaim online form does not allow for any important notes to highlight, and neither does the paper version.

I have called the money claims helpline for advice, but they said I need legal advice, which they are not allowed to give. I did try saying I just need to know how or where I can state this issue.

 

All I can find online that may be helpful, is section 6.9 here, but the jargon is going over my head:

 

PART 6 - SERVICE OF DOCUMENTS - Civil Procedure Rules

WWW.JUSTICE.GOV.UK

 

I really want to get this claim started, but my head is spinning.

Can someone  help me please?

 

Thank you.

Edited June 16, 2023 by Tara100

[dx100uk]

sent a letter of claim yet?

and why are you not naming them and have posted this thread in the postal delivery forum?

moved to vehicle retailers

 

100's of like threads here upon what to actually do for example...add real names as defendants too?

 

but we'll need a BRIEF bullet pointed post with dates upon what you have done rather than the above post.

 

 

[BankFodder]

And in addition to the requests made by my site team colleague above, how about giving us all of the details.
when did you buy the vehicle, how much did it cost, make model mileage.

How did you pay? How far away is the dealer from you? What is wrong with the vehicle? When did the particular faults emerge.

You say that they have responded to your letter of claim – what did they say?

We really can't help you unless you give us all the details of the story

 

[Tara100]

Hello

I'm sorry if I have caused any problems. I was trying to keep things brief really, so was going straight to the defendants address problem. 

Can I please please request that I do not give the traders' business name publicly? I live alone, and I am considered a vulnerable person for other reasons. Obviously the defendant will not be happy to be sued, but I there are safety reasons for why I wish to remain as hidden as possible until this matter goes to court. I can give admin the traders' business details privately if that helps?


A used car was purchased from an independent dealer mid March this year. I have followed all steps prior to beginning a MCOL - letter rejecting car within 30 days of purchase, then followed with 'pre court action' letter (both sent by CAB templates quoting consumer law and mentioning ADR etc) giving full reasons, along with independent vehicle inspection report / DVSA MOT inspection failure info and other evidence, such as 40+ photos total from myself and the inspector, plus video clips)
The car was dangerous / not roadworthy when sold, and should not been given an MOT pass day of purchase, and the service purported to have been carried out same day was false - the independent engineer inspection states this. 

The trader wouldn't take the car back, downplayed serious issues, and was then was unresponsive, that is until they received the pre court action letter, which triggered them to respond. They then said they would take the car back, and refund me after the car was back with them, but will not reimburse any costs under any circumstances - I had sent them receipts for a follow up MOT, and independent inspection report and more. The car though undrivable, also has to be parked through no option on the main road, so I still have to cover tax and insurance etc. 

I explained all the costs fully to the trader, and none were unnecessary. I have gone weeks without a car and it has left me completely isolated from family and the community. I avoided hiring a car as I couldn't afford £300 a week for the cheapest there is available, and then there would be the risk that a judge may not consider a hire car as necessary.

As their response was unsatisfactory, to still try to resolve matters, and beyond the timescale to respond to the pre court action letter, I voluntarily wrote again offering the trader further time to reconsider, so that court action was not necessary for either of us. That was seven weeks ago, and the trader has not responded since then. I have done all I can I believe.

The Consumerline has advised that because the traders' offer was unsatisfactory, that I do not need to do any more, and can make a full claim with the court. 

(On top of this a legal advisor who has dealt with similar, said do not let the car be picked up, for a refund to come at a later date - he has had clients where they lost the car as well as their money. Because of the trader's behaviour so far, it is not unreasonable to suspect this could happen to me. Whether a judge will frown on this I don't know, but it was a risk I felt I couldn't take)

I have had differing opinions on who I should sue from three legal advisors - I've been grateful for their help, but it has left me confused on processes.
Because the trader insisted that 99% of the purchase money was sent to their other business, one legal advisor said I should sue the trader personally, and the two businesses, and the salesperson who dealt with me who signed all paperwork. 

Then another legal advisor said no,  I should only sue the business where I purchased the car, and that the others and the other business where the money went do not matter for the court claim, so I am going with with the latter. I hope this is the correct way to go.

So going back to the issue where MCOL and legal advisors currently disagree (I made another phone call to MCOL helpline this am)
The trader moved their car sale premises last summer. I have proof of this. Their current address where I bought the car from and where they have signed for my 24 hr tracked letters letters, is not the registered address with Companies House - their old address is still stated there.

Because understandably court staff do not look at notes made, and only look at the defendants address to serve papers, if I follow correct procedure and use the Companies House registered address, the defendant will then not receive court documents. On the other hand, if I state the true known traders' address, I am not following court rules.

The position now, is a legal advisor is saying still use the Companies House address, but a MCOL helpline agent today, said although they cannot fully advise, in my shoes they would use the address where I know the traders' business really is. 
Reposting the link from last night, *I think* this is what the 'PART 6 SERVICE OF DOCUMENTS' is saying too - but I can't be sure when it's a company being sued.
Please see point 6.9 and info going onwards:

PART 6 - SERVICE OF DOCUMENTS - Civil Procedure Rules

WWW.JUSTICE.GOV.UK

I so want to start this MoneyClaim, as my anxiety is through the roof. Same time, I am worried sick about a case collapsing because I haven't followed procedures. I even have bad dreams about driving / crashing due to brake failure in random cars - I can't believe the worry is even affecting my sleep.

I forgot to add, that I did pay £50 deposit for the car by credit card. An advisor told me a Section 75 claim would apply, but I wouldn't receive any of the costs I've paid out, and still incurring.

Thank you.

 

[BankFodder]

Please start off by sending details of the trader in confidence to admin email address.

Also please send a copy of the MOT certificate in PDF format to the same admin email address.

Then monitor this thread for a reply later

Also you haven't addressed the other questions relating to the car, make model price paid etc.

Date that you bought it etc

 

 

[Tara100]

Hello. I've made a mess of things by not exploring the group properly before posting 

I was signposted elsewhere last night to come here for help with the court claim process, and didn't realise the groups purpose. 
I apologise for wasting your time, that wasn't my intention at all, but I would like to return to start afresh, and tell the full horror story in the future (which includes Trading Standards involvement) 

So sorry, and thank you.

[BankFodder]

You haven't been wasting our time. This is exactly the kind of thing we do

Set out the information we are asking for and also send the details of the company to us confidentially on our admin email address.

 

I'm sorry to disappoint you but trading standards won't take any notice. I'm afraid people have a blind Faith in trading standards and they simply get fatigued.

We probably are the best people to help you.

What are the organisation have you turned to as well?

[dx100uk]

53 minutes ago, BankFodder said:

I'm sorry to disappoint you but trading standards won't take any notice.

[dx100uk]

3 hours ago, Tara100 said:

Can I please please request that I do not give the traders' business name publicly?

everyone thinks this STOP IT NOW...stupid stupid old wives tale.

name and shame esp when it gets out on twitter...

embarrassment works wonders in 99% of cases

 

sorry you've been had for a fool believing and doing the totally wrong things on many many levels.

 

dx

 

[BankFodder]

Sorry that you appear to have abandoned this thread.

On the basis of what you have told us, it seems to me to be a fairly easy solution to your difficulty.

If you want to come back and give us a little bit more information and also contact us confidentially in our admin email address, then we can go forward.

I'm a bit mystified as to your reference to the "group's purpose". I wonder what you think our purpose is?