Car Dealer Gave False Information - Sued Innocent Person

Car Dealer Gave False Information - Sued Innocent Person

Author
Discussion

calibrax

4,788 posts

211 months

Thursday 2nd October 2014
quotequote all
NobleGuy said:
Foliage said:
Your being fobbed off because your thick. hth
Ha ha! Your thick.
The irony laugh
Not only that, he did the same error twice in the same sentence. Or maybe the comment was intentionally ironic...?

NobleGuy

Original Poster:

7,133 posts

215 months

Thursday 2nd October 2014
quotequote all
zedstar said:
So basically X and Y sold you a dodgy car and then pretendended to work for A when infact X and Y are trading as a partnership. Good news for you that as it means that they are liable personally.

Make a new MCOL against X and Y, take your evidence from case against Mr A to prove that he is nobody and then use 192.com or facebook to find the addresses of the 2 individuals.

If you don't actually know their names at all then do a bit of digging round facebook/192.com, or ask around here - i'm frequently amazed the amount of information the PH detectives can find out.
We know the name of one of them. He's listed as a builder on some random website with the mobile that he uses. We found him on Facebook and although there's little or no information of any use, we did get a big photo of him and it's deifnitely him.

We have the partner's reg number on a random photo the GF took of our car when we originally went to see it (assuming it's registered to him). Do you think DVLA would be willing to give out information in this case...?

edc

9,235 posts

251 months

Thursday 2nd October 2014
quotequote all
I would do anything I could above board to validate the identity details you have. Get somebody to go in and enquire about a car, get a business card, look at any post that is lying on the floor, desk etc, ask who the bankers draft should be written to if purchasing a car, check their online and Autotrader adverts etc etc

anonymous-user

54 months

Thursday 2nd October 2014
quotequote all
NobleGuy said:
Durzel said:
BlackLabel said:
Did you buy the car from an individual or a trader/dealer?

If it was the latter then why didn't you sue them? And if it was the former then I can't see how the previous trader is still responsible for the car.
This.

Surely any subsequent claims are the business of the parties in the chain. What contract have you got with the company you didn't buy the car from?
Have you both had your brains removed...?
Maybe it's my explanantion that's tough to follow.

This is so simple:
Mr A used to trade at the premises (as sole trader 1).
He moved out.
Mr X & Mr Y moved in and started trading (as sole trader 2).
We bought the car from Mr X & Mr Y.
Car had problem.
We phoned Mr X & Mr Y to complain.
Mr X & Mr Y told us that the owner of the company was Mr A.
We sued Mr A, who was never involved.

We never believed we had a contract with anyone other than Mr X & Mr Y.
Mr X & Mr Y lied to us about who they were and where to direct our complaint.
Do you find that insulting people responding to a request for free advice gets you further on?

As for brain removal, you contracted with X and Y but sued A. Have a think about that for a minute.

Boosted LS1

21,188 posts

260 months

Thursday 2nd October 2014
quotequote all
NobleGuy said:
We know the name of one of them.
Then sue him as an individual, trading as 'so and so garage'.


zedstar

1,736 posts

176 months

Thursday 2nd October 2014
quotequote all
NobleGuy said:
We know the name of one of them. He's listed as a builder on some random website with the mobile that he uses. We found him on Facebook and although there's little or no information of any use, we did get a big photo of him and it's deifnitely him.

We have the partner's reg number on a random photo the GF took of our car when we originally went to see it (assuming it's registered to him). Do you think DVLA would be willing to give out information in this case...?
I doubt it - they only give the info out if you're registered for it.

Can you not start the claim on one of their names that you know and then add the other guy in later? If the guy writes a defence and blames the other person than you'll have his name and you can add him on.

Bluebarge

4,519 posts

178 months

Friday 3rd October 2014
quotequote all
NobleGuy said:
Bluebarge said:
NobleGuy said:
It quite clearly says "sole trader" on my post.
It also quite clearly says "the owner of the company" when it appears there is no effing company, so stop referring to "company" when you mean "business name".

This is only complicated because you are making it so.
Some people appear to be able to understand... rolleyes
But not you, it would seem rolleyes


Hol

8,417 posts

200 months

Friday 3rd October 2014
quotequote all
Are they VAT registered on the receipt?

It would be very hard not to reach the turnover limit unless they only sell one £1000 car a week.



Edited:

Actually, do used car traders pay VAT?

Edited by Hol on Friday 3rd October 08:48

Boosted LS1

21,188 posts

260 months

Friday 3rd October 2014
quotequote all
zedstar said:
I doubt it - they only give the info out if you're registered for it.
In the past you would write to the dvla requesting registered keeper details but you had to assure them that the information would only be used for civil proceedings.

Vaud

50,519 posts

155 months

Friday 3rd October 2014
quotequote all
Hol said:
Are they VAT registered on the receipt?

It would be very hard not to reach the turnover limit unless they only sell one £1000 car a week.



Edited:

Actually, do used car traders pay VAT?

Edited by Hol on Friday 3rd October 08:48
They pay VAT on the margin, not the full sale price as (generally) the VAT has already been paid on the original purchase.

roddyp

8,840 posts

116 months

Friday 3rd October 2014
quotequote all
Hol said:
Actually, do used car traders pay VAT?
It's complicated.

AFAIK they pat VAT on the margin - the difference between the buying and selling price. So if they buy a car for £5K and sell it for £6K, they have to account for a proportion (1/6th) of that £1K as VAT.

But it depends if the car has always been owned by a VAT-registered company: Then I think, VAT is accounted for in the usual way : Seller adds 20%VAT, which buyer (if they're VAT registered) can reclaim.