Anyone had any dealings with taking a ltd company to court?

70
Found 10th Nov 2011
As per title. I am actually in the process or nearing the end of taking a ltd company to court. Basically i bought a car in Jan from a dealer (not a major one) and 9 days later it spat its dummy out and went bang. Anyhow because as a consumer we are protected on purchases for 6 months i tried to get them to repair - but fell on deaf ears. Long story short had to take them to court. We won by default as they never submitted a defence. Got a letter saying must go to hearing as it was an unspecified amount of money. Its going to cost to recover and fix £3500!! I had to send in evidence of this (quotes) by a certain day so court can decide how much they will make them pay. Anyhow they were to submit their defence by today - again no response! So find it unlikely they will turn up at hearing (on 30th).
Question is what happens if they dont and with them being a limited company does this affect how we will get the money owed?? And ideas?
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See if the owner is listed as a director/owner of any other companies. Should give you a good idea if he's dodgy or not. If he is, he'll have a number companies as long as your arm. Cant you ask your legal representative, assuming you have one? Have you spoken to citizen advice bureau, OFCOM? They're quite helpful.
as far as I know there is no legal process to chase the money/payments even if you win, I may be wrong though
Original Poster
JIMMYRIDDLE77

See if the owner is listed as a director/owner of any other companies. … See if the owner is listed as a director/owner of any other companies. Should give you a good idea if he's dodgy or not. If he is, he'll have a number companies as long as your arm. Cant you ask your legal representative, assuming you have one? Have you spoken to citizen advice bureau, OFCOM? They're quite helpful.



We dont have a leagal rep as he said it would nt be worth having one for the amount. We are only in the small claims court you see.
Original Poster
Alfonse

as far as I know there is no legal process to chase the money/payments … as far as I know there is no legal process to chase the money/payments even if you win, I may be wrong though



I believe they can instruct the court bailiffs for this.
kimberly81

I believe they can instruct the court bailiffs for this.



yes, but that's what all those poor people on rogue traders thought too, most are still waiting for their money
Banned
If they do not come to the hearing then the Judge will make a ruling despite their non attendance.

If you are submitting evidence in support of your claim, it is likley the Judge will accept your submission and grant an order which says the other party are to pay you X amount within X amount of days.

The amount you are awarded will be subject to the Judge's discretion. However as long as your evidence in support is good ie, you show some sort of engineers report or quotes from several garages then I cant see a Judge awarding less, especially if the other side havent turned up.

Getting your money will be a different matter. If they do not pay the amount to you as set out in the court order, then you will have to apply to the court again for a warrant of execution to basically enforce the order. This will simply mean the bailiffs getting involved to get your money.

This may be helpful: http://www.hmcourts-service.gov.uk/onlineservices/mcol/userguide/claimant/warrant.htm

Good luck. I hate car dealerships (_;)
Original Poster
Alfonse

yes, but that's what all those poor people on rogue traders thought too, … yes, but that's what all those poor people on rogue traders thought too, most are still waiting for their money



Yep this is the problem - bloody hell its a nightmare!
Original Poster
2sly

If they do not come to the hearing then the Judge will make a ruling … If they do not come to the hearing then the Judge will make a ruling despite their non attendance.If you are submitting evidence in support of your claim, it is likley the Judge will accept your submission and grant an order which says the other party are to pay you X amount within X amount of days.The amount you are awarded will be subject to the Judge's discretion. However as long as your evidence in support is good ie, you show some sort of engineers report or quotes from several garages then I cant see a Judge awarding less, especially if the other side havent turned up.Getting your money will be a different matter. If they do not pay the amount to you as set out in the court order, then you will have to apply to the court again for a warrant of execution to basically enforce the order. This will simply mean the bailiffs getting involved to get your money. This may be helpful: http://www.hmcourts-service.gov.uk/onlineservices/mcol/userguide/claimant/warrant.htmGood luck. I hate car dealerships (_;)



Good god!! Thanks for the link looking at it now
Banned
BTW, if you get your order from the court, I can't see the company no paying you. Im sure they will have £3,500 to pay, especially with a court order compelling them to do so. Worst case scenario is that the bailiffs will turn up at their place and take goods. Oh well....
Banned
The judgement will go against the company if they don't bother submit a defence..if they fail to pay in accordance of the judgement which will give them 2 weeks to pay, you can apply for a third-party debt order or a charging order against a company account or that of a director in order to try and take the money from their bank (if they have sufficient funds.)

Edited by: "slamdunkin" 10th Nov 2011
Original Poster
slamdunkin

The judgement will be set against the company if you win, if they fail to … The judgement will be set against the company if you win, if they fail to pay in accordance of the judgement which will give them 2 weeks to pay, you can apply for a third-party debt order or a charging order in order to try and take they money from their bank if they have sufficient funds.



We have already won so to speak, the hearing is just to decide how much the company should pay to repair. I miss my lovely new car!! That i drove for 9 days and has now been sat on my drive for 10months! Cant wait to have it back!
The court bailiffs are pathetic as it is a LTD company they can simply close it down, open another one and side step any judgement.

What does companies house say about the LTD company? As they are not defending I would be very surprised if you get a payout.
kimberly81

We have already won so to speak, the hearing is just to decide how much … We have already won so to speak, the hearing is just to decide how much the company should pay to repair. I miss my lovely new car!! That i drove for 9 days and has now been sat on my drive for 10months! Cant wait to have it back!



It was hardly " lovely " if it blew up within 9 days.

I suspect that it wasn't " new " either.
I wouldn't worry too much, even a small company would be able to take that amount of loss. Unless they're hoping you are going to give up, don't!!
It is an LTD company though. Research before you comment. It will be incredibly easy for them to not pay.
Original Poster
chester123

It is an LTD company though. Research before you comment. It will be … It is an LTD company though. Research before you comment. It will be incredibly easy for them to not pay.



I def agree - this is my issue with it all!! tut. However the only thing that is keeping me thinking that they wont faff is that they are not just a company who sells cars they are also and mot centre and garage... would they really mess about setting it all up in another name for £3500??
Original Poster
Inactive

It was hardly " lovely " if it blew up within 9 days.I suspect that it … It was hardly " lovely " if it blew up within 9 days.I suspect that it wasn't " new " either.



AYE but it will be when its done as it will be pretty much a new car - just with more miles than expected I mean the work having to be done is going to turn it into basically a new car
kimberly81

I def agree - this is my issue with it all!! tut. However the only thing … I def agree - this is my issue with it all!! tut. However the only thing that is keeping me thinking that they wont faff is that they are not just a company who sells cars they are also and mot centre and garage... would they really mess about setting it all up in another name for £3500??



That is the thing with a LTD company, they can set up a brand new one, transfer everything from the existing leaving it with nothing. They don't need to sell anything, it can be done in under 15 minutes. You will then have a charging order against a company with no assets.

Have you checked the state of the company on Companies House?
Original Poster
chester123

That is the thing with a LTD company, they can set up a brand new one, … That is the thing with a LTD company, they can set up a brand new one, transfer everything from the existing leaving it with nothing. They don't need to sell anything, it can be done in under 15 minutes. You will then have a charging order against a company with no assets.Have you checked the state of the company on Companies House?



Just going to now - cheers
Original Poster
right chester - i ve had a look, the company is still active, has nt changed their name etc in 20yrs.
All accounts up to date? That is a good sign but as I said getting money out of LTD companies is very hard and as they are not even bothering to defend you may just be throwing more money away.

What you should have done is taken the director to court via his home address.
Original Poster
chester123

All accounts up to date? That is a good sign but as I said getting money … All accounts up to date? That is a good sign but as I said getting money out of LTD companies is very hard and as they are not even bothering to defend you may just be throwing more money away.What you should have done is taken the director to court via his home address.



Shizer should i have asked on here before, that would have been a better idea!! Yes all acounts up to date etc etc
Original Poster
chester how do you know all this? - your not the director of the company im suing are you
Did you take any form of finance out? (I'm just thinking of possible recourse to a Section 75 claim in respect of the Consumer Credit Act)
Original Poster
emmsix

Did you take any form of finance out? (I'm just thinking of possible … Did you take any form of finance out? (I'm just thinking of possible recourse to a Section 75 claim in respect of the Consumer Credit Act)



We did put some of it on a credit card so if all else fails we will pursue the credit card company for that back. So its not over yet
kimberly81

chester how do you know all this? - your not the director of the company … chester how do you know all this? - your not the director of the company im suing are you



Both my father and brother are lawyers. I have also taken a few companies to court.

I also had Parcelforce take my LTD company to court re an unpaid bill (they owed me re insurance claims so I refused to pay). I wound up my LTD company so they could not do anything.
Edited by: "chester123" 10th Nov 2011
Original Poster
chester123

Both my father and brother are lawyers. I have also taken a few companies … Both my father and brother are lawyers. I have also taken a few companies to court.I also had Parcelforce take my LTD company to court re an unpaid bill (they owed me re insurance claims so I refused to pay). I wound up my LTD company so they could not do anything.



Bloody hell this is nt looking good is it! I cant believe that even a court order does nt always mean you get your money - even if you win!
The benefits of a LTD company.
Original Poster
chester123

The benefits of a LTD company.



Not so good for someone completely innocent who saved for years to buy a newish car only for it to go down the pan with no come back
Personally I would have gone the credit card route first. Would not have cost you anything and has a far greater chance of success.
Actually I would try that now before you instruct the court bailiffs as there will be a charge for that.
Original Poster
chester123

Personally I would have gone the credit card route first. Would not have … Personally I would have gone the credit card route first. Would not have cost you anything and has a far greater chance of success.



But we did nt put it all on there only £1000 of it - so my thinking was if we lost this or if anything goes wrong, by means we dont get any money out of them, then we can still go down the credit card route?? which will be better than nothing
Ah ok. How long ago did this all happen? Best to check that there is not a time limit for putting in a claim on the card.
kimberly81

Not so good for someone completely innocent who saved for years to buy a … Not so good for someone completely innocent who saved for years to buy a newish car only for it to go down the pan with no come back




Which make/model of car is this?

" newish car " should not blow up after 9 days of use, and isn't under makers warranty if it is " newish " ?
Original Poster
chester123

Ah ok. How long ago did this all happen? Best to check that there is not … Ah ok. How long ago did this all happen? Best to check that there is not a time limit for putting in a claim on the card.



Well actually we already applied to the credit card company and like always we have never heard anything back - so what we thought is go down court route then if no success call them and demand whats happening since they never got back to us
Original Poster
Inactive

Which make/model of car is this?" newish car " should not blow up after 9 … Which make/model of car is this?" newish car " should not blow up after 9 days of use, and isn't under makers warranty if it is " newish " ?



Probably not explained this enough - the car was just over 3years old when bought so out of warranty. 3 years old is newish to me lol
Oh and the model is a ford focus ST


Edited by: "kimberly81" 10th Nov 2011
kimberly81

Probably not explained this enough - the car was just over 3years old … Probably not explained this enough - the car was just over 3years old when bought so out of warranty. 3 years old is newish to me lolOh and the model is a ford focus ST.



OK, thanks for that, it has probably been ragged to death by it's previous owner, a 3 year old car shouldn't blow up.
Edited by: "Inactive" 10th Nov 2011
Original Poster
Inactive

OK, thanks for that, it has probably been ragged to death by it's … OK, thanks for that, it has probably been ragged to death by it's previous owner, a 3 year old car shouldn't blow up.



Lol i dont mean it actually blew up literally. Basically the fuel pump knackered up and took the rest of the fueling system with it
Original Poster
chester if the company changes its name to get away from having to pay and i can prove they have changed their name - could i still persue it through to the company with the new name??
Nope as the old company is the one which sold you the car that is the one which the contract is formed with.
Edited by: "chester123" 10th Nov 2011
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