What is life like with your car? Let us know and win £500 in John Lewis vouchers | No thanks
BMW 1 Series - Claiming money from a closed company - matt johnston

Hello, long story short.

I'm trying to claim money back from a company after buying a faulty used car. As a Claimant, I won my case at a hearing and the Defendant was ordered to pay what he owes me.

The Defendant has not paid and his time to do so has run out.

Thing is, the company I got the car from is no longer in business (Limited company) BUT the same person I bought the car from has started another company, selling cars, at the same place as I got mine.

He has basically changed the name of the company (To try avoid paying me maybe?)

Where do I stand and can I try claim the money back from his new named company?

Any help will be appreciated. Thank you.

BMW 1 Series - Claiming money from a closed company - skidpan

Your contract was with the company that is no longer trading. The fact that the same person is running a new company from the same premises is irrelevant.

You need to find who is dealing with the assests (if any) of the comapny you bought the car from and join the long list (no doubt) of fellow people who are also owed money.

Best of luck.

BMW 1 Series - Claiming money from a closed company - galileo

Your contract was with the company that is no longer trading. The fact that the same person is running a new company from the same premises is irrelevant.

You need to find who is dealing with the assests (if any) of the comapny you bought the car from and join the long list (no doubt) of fellow people who are also owed money.

Best of luck.

Baseball-bat debt recovery may succeed, not much chance otherwise.

BMW 1 Series - Claiming money from a closed company - focussed

You should be able to find out the details of the last company, the liquidation, the directors and all the details of the new company here:-

beta.companieshouse.gov.uk/

Oh and it's free.

BMW 1 Series - Claiming money from a closed company - TheBroker

Sorry to say this but it looks like you may be stumped. As the company you dealt with was a Ltd Company your claim would lay with them. If they have wound up then I'm afraid at best you would join the list of unsecured creditors, eg last in the line after everyone else (you will be lucky to get 10% back).

The fact the director has 'Phoenixed' is largely irrelevant, although annoying.

You can try appealing to their better nature (doubtful), or possibly threaten social and local media exposure (use facts only please) as this would harm his new business reputation. Again the result of this would be variable at best.

Expect the worst (get nothing) and hope for the best (get at least something), what you would get is of course dependent on the sums involved (e.g. £000's then im afraid its not looking good) but if only a few hundred then they may be more likely to fold.

Either I think you will just need to chalk this one down to experience.

TheBroker

BMW 1 Series - Claiming money from a closed company - Brit_in_Germany

It might be worth checking the details of the insolvency online at companieshouse.gov.uk Could be a voluntary liquidation or the company could have become insolvent. If the latter and the insolvency proceedings started after you were sold the car, the chances of getting any of your money are probably slim. If the company was already insolvent when you bought the car, you may have some claim against the individuals involved (company directors).

BMW 1 Series - Claiming money from a closed company - matt johnston

Thank you all for your input.

after searching on companieshouse.gov.uk, both companies are showing as active with the same Director. How 'up to date' is companieshouse.gov.uk?

At the moment i'm waiting for a few replies for some legal advice. i'm not holding much hope.

as far as i'm aware, i'm the only person who has had a problem and want my money back. the company just doesn't want to give me it back even though I have evidence of the car being faulty before I bought it!

ggrrr

BMW 1 Series - Claiming money from a closed company - Brit_in_Germany

Sounds like the old company still exists and has not been put into liquidation but the assets have been transferred to the new company.

BMW 1 Series - Claiming money from a closed company - matt johnston

Thats probably, exactly what he has done. from what I have found out, its not his first time doing so!