Slippery Snake
Discussion
It appears that just about the time I made contact with
the dealership that sold me my car about the
'problems' they have caused me, they decided to shut
up shop and...reopen with a new company (same name with one extra word) same address etc.
I am told by some this means I cannot go after them, but by others, if the same directors are in place, I can?
Any legal experts care to chip in?
Thanks in advance!
the dealership that sold me my car about the
'problems' they have caused me, they decided to shut
up shop and...reopen with a new company (same name with one extra word) same address etc.
I am told by some this means I cannot go after them, but by others, if the same directors are in place, I can?
Any legal experts care to chip in?
Thanks in advance!
It sounds like they've gone into liquidation and started up with a new name. Sometimes the directors worm it that they are owed money by there own company and then become a creditor as well. If thats the case then they can become directors of the new company as they would not have been struck off. I think you only have a case on a personal basis with the ex directors as the firm you purchased your cerb off does no longer exist.
Graham
I think you'll find it very difficult to get anything back from your old dealer. I presume they were a limited company which is now in the hands of a receiver.
Most unlikely you'll get anything from the old company, even if you registered a claim with the receiver. Any assets left will be snapped up by preferential creditors (Revenue, HM Customs etc).
It would be very difficult to go after the directors directly, you will need to prove that they behaved fraudulently (eg trading whilst insolvent) and then go through some pretty expensive legal processes with only a 50:50 chance of winning your claim.
Mike
I think you'll find it very difficult to get anything back from your old dealer. I presume they were a limited company which is now in the hands of a receiver.
Most unlikely you'll get anything from the old company, even if you registered a claim with the receiver. Any assets left will be snapped up by preferential creditors (Revenue, HM Customs etc).
It would be very difficult to go after the directors directly, you will need to prove that they behaved fraudulently (eg trading whilst insolvent) and then go through some pretty expensive legal processes with only a 50:50 chance of winning your claim.
Mike
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