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Defective Car - The Car Corner Rochdale in Liquidation?


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I am writing on behalf of a friend so do not have all the information but any help on the following would be appreciated.

I was looking to help in preparing SARs and a Letter Before Claim to recover costs incurred due to gearbox issues on the car (Fiat 500L Auto) which have now been repaired at not inconsiderable cost following the direction of the selling garage and the warranty company (RAC Warranty through Assurant). 

However, before preparing the documents I did a Companies House check on the garage to determine who to address the SAR and discovered that they seem to be in liquidation.  As such can anyone advise me on the following:

  • As the sales invoice did not have any reference to there being a limited company (other than a possible reference in an email address) can a claim be brought personally against the selling dealers
  • Can any claim be brought against the warranty company to recover costs that would otherwise be the responsibility of the dealer if the dealer is no longer trading as the car would not have been bought without it being sold as assured by them (although they have since denied this) 

Any help would be greatly appreciated.  It was so frustrating that my friend was sold a car that turned out to be dangerous just after the rejection period and ended up without a car for 6 months due to abdications of responsibility by the garage and warranty company.

Thanks in advance

A n d r e w

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If they haven't identified the business correctly and that they are a limited liability company then technically speaking you should be able to – but we said that the courts are reluctant to "pierce the corporate veil".

You say there is a warranty. Was that warranty purchased or given at the time of sale? Has there been an attempt to claim on the warranty?

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Thanks for the advice.

Interesting about the company and the fact that they have misdescribed themselves - I will see if the buyer is willing for me to post a redacted version of the invoice up hiding any details that could identify them 

The warranty was included with the car and there has been a claim made on it but this has not covered the cost of the repairs which were covered by two garages on two separate invoices when the first one, directed by the warranty company, were unable to complete the works and the car had to go to a main dealer to be made safe and drivable without being returned.

The aim is to understand what, if anything, could be worth pursuing or if there is just a lot of swearing and stamping of feet on this end and it's written down to experience.

Not nice when someone is sold a dangerous car.

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