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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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hi i have recently purchased a van approx last feb 2013 and

Resolved Question:

hi i have recently purchased a van approx last feb 2013 and i paid extra to have the cam belt replaced upon their recommendation which i have a recipe for,
last week this best snapped that should I'm told not snap that quickly, and has done considerable and expensive damage to the vehicle I have learned that the garage where i purchased it from has been taken over i ran them but they said they could do nothing 4 me, i asked about good will but they refused to listen, i noticed on companies house the company i brought the van from still says active
i have sent a letter to the garage that took this 1 over but are waiting a reply, where do i stand the bill is considerable and i am not working, thanksAndy
Submitted: 3 years ago.
Category: Law
Expert:  Joshua replied 3 years ago.

Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

Did you pay for the vehicle or any part of it (e.g. a deposit) by credt card please?

Joshua :

you mentioned the garage has been taken over. Did the new company purchased the business or did the business become insolvent?

Customer:

Hi I sure I paid via debit card, i was told by the new company that they had taken over and that the old owner had retired but as i say on companies house it still says active

Joshua :

Thanks. Do you happened to have the name of the limited company in question for the old business and the new business?

Customer:

old business motorhouse 2000 ltd registration no :(NNN) NNN-NNNN and the new owed is Availablecar ltd i do not have available car's company registration number sorry

Joshua :

thanks. Would you kindly bear with me for a few moments more check them out...

Customer:

address A5, wtling street cannock

Customer:

ws11 1sl

Customer:

certainly no prob

Joshua :

Thanks. Did you pay Motorhouse 2000 Ltd and that is the name on your invoice?

Customer:

just check

Customer:

yes , just a detail i may have been with a family members card as we had only just returned from living in new zealand we were still waiting to buy a house before the banks would give us an account

Joshua :

thanks. Looking at the company histories, Availablecar Ltd has not taken over Motorhouse 2000 business. rather it appears to have simply acquired the site from which motor house traded. On this basis, I cannot say basis that Availablecar would be in any way liable to you. However, based on my further investigation, this would not appear to matter...

Customer:

oh ok

Customer:

so where would me recouse be? sorry about the spelling

Joshua :

Motorhouse 2000 does not appear to have become insolvent. It appears to have ceased trading however the company still exists as you say and based upon their credit profile, the company appears to earn over £5 million in assets. My suspicion is that the shareholder or shareholders of the company have decided to retire-perhaps it was a family business of some kind-and the company as a result is no longer trading however assets have not been moved out of the company. whatever the reasons behind it, which are material, the good news appears to be that motor house still exists and based upon what you say above, you would appear to have the basis of a claim against the company.

Joshua :

the company is registered address is Stanley House,XXXXX Wolverhampton, West Midlands, WV14 6AH and documents can be properly served on the company at this address.

Customer:

yes i was told by available car the guy had retired

Customer:

wow thats good news thank you Joshua

Customer:

so i should send any letters to the address u gave me then i assume sorry

Joshua :

Based upon what you say, you acquired a car on which the company carried out work in terms of replacing the cam belt and that has now failed. On the basis that it is reasonable to expect to be can built to last longer than this, and even with my limited knowledge of cars I believe it can belt is supposed to last for many tens of thousands of miles, you would have a potential claim against the company for breach of contract in respect of the terms implied into your contract by virtue of the supply of goods and services act which require any work carried out and any parts supplied in the course of that work being carried out to be of satisfactory quality.

Customer:

oh ok fingers crossed then

Joshua :

based upon what you say, you appear to have a reasonable claim that either the part supplied all the work carried out was not of satisfactory quality on the basis that it has failed so early and accordingly if this is the case, you would have a claim for the costs of repairing the vehicle and installing a replacement cam belt

Customer:

yes its being repaired at present to a cost of around 1500

Joshua :

you can mention in your letter that you look forward to hearing from the company within 10 days with its standard proposals. If you have already obtained quotes for repair of the vehicle and replacement of the cam belt, you may wish to mention these costs. if the company does not respond or does not respond to your request You may advise that you reserve your rights to issue proceedings in the County court for recovery of the above sums together with costs without further reference to them.

Customer:

brilliant great advise great service thank you, XXXXX XXXXX

Joshua :

if they do not respond all do not respond to your satisfaction, the simplest way to issue proceedings is using www.moneyclaim.gov.uk. The claim should be issued against the company whom you paid which from what you say was Motorhouse 2000 Ltd and served upon the company at the above registered address

Joshua :

solicitors costs cannot be claimed in Small Claims Court action and therefore there is little risk to you in terms of the companies solicitors costs should they choose to employ one. Small claims is designed to be accessible to the public without recourse to specialist legal representation and the claim process is relatively straightforward. my suggestion would be not to delay too long with any claim because the shareholders in a company at some point may decide to wind the company up and transfer assets out of the company. At this point the claim becomes more difficult and so striking while the company still appears to have assets and is in existence is probably the best approach

Customer:

again many thanks i will rate as excellent

Joshua :

Many thanks. Good Luck with your claim

Customer:

cheers

Joshua :

Best wishes

Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
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