Slippery Snake
Slippery Snake
Author
Discussion

GCerbera

Original Poster:

5,161 posts

272 months

Friday 12th September 2003
quotequote all
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!

YI8TVR

1,105 posts

271 months

Friday 12th September 2003
quotequote all
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.

gazzab

21,532 posts

303 months

Friday 12th September 2003
quotequote all
So who WERE the dealership? Are they a TVR franchise?

GCerbera

Original Poster:

5,161 posts

272 months

Friday 12th September 2003
quotequote all
gazzab said:
So who WERE the dealership? Are they a TVR franchise?
They were not related to TVR or a TVR independent.

They were a large private dealer who and I quote, sold
"Quality used cars" and stocked a large amount of
"Prestige" "4 x 4's" and "Sports Cars"

mudstud

249 posts

281 months

Friday 12th September 2003
quotequote all
Not aware of your particulars but if you paid by credit card they may cover your loss. Had an engine 'rebuilt' once. Once week later business and engine went bust. Visa covered the cost of a replacement engine.

jimbob2

142 posts

269 months

Friday 12th September 2003
quotequote all
Name and shame or paint stripper

YI8TVR

1,105 posts

271 months

Saturday 13th September 2003
quotequote all
jimbob2 said:
Name and shame or paint stripper



bridgdav i think would like a word with you jimbob2

mike_e

593 posts

284 months

Sunday 14th September 2003
quotequote all
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