Leicester Limited Company Concealing Identity: ASW Cars Ltd t/a Silverdale Cars - formerly ASWBNCA (archived website)

[Omega 888]

Heads up: I purchased a car from Silverdale Cars online; cancelled the order before delivery; denied a refund; then found out they are NOT who they appear to be - even their address was bogus.

**LEGAL BASIS FOR REFUND: The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 – see below

SC has major listings on Auto Trader and usual car sites - often over 100 cars.

Silverdale Cars were formerly RAC Approved Dealer - I escalated my complaint with RAC - RAC area manager met with them on their 'site' and they agreed to refund me in full – to date nothing has been received - now they are even dodging RAC.

RAC finally identified them as ASW Cars Ltd t/a Silverdale Cars.

RAC has since removed them from the 'network' following investigation of my case but RAC branding is still all over their sales' pages.

Their landlords own two major trading estates in Leicester: they told me who they were a couple weeks before RAC even confirmed their identity.

I then discovered that SC business bank account is registered to a family member - same surname as the directors.

Sent ASW Cars t/a Silverdale Cars pre-action letters.

Now (non-regulated) Lawgistics solicitors has jumped into the fray denying their clients ASW Cars has anything to do with Silverdale Cars.

ASW Cars Ltd has disastrous online reviews; recent CCJs; and a High Risk Credit Limit. 

If anyone has had any dealings with this family firm or any advice on dealing with the solicitors, please let me know.

From what I have read, Lawgistsics' main tactic is dragging cases out.

It seems they are stashing cars in warehouses across the Midlands.

**LEGAL BASIS FOR REFUND:

Online, mail and telephone order customers have the right to cancel their order for a limited time even if the goods are not faulty. Sales of this kind are known as ‘distance selling’

You must offer a refund to customers if they’ve told you within 14 days of receiving their goods that they want to cancel. They have another 14 days to return the goods once they’ve told you

You must refund the customer within 14 days of receiving the goods back. They do not have to provide a reason.

 

/assets/static/govuk-opengraph-image-dade2dad5775023b0568381c4c074b86318194edb36d3d68df721eea7deeac4b.png

Accepting returns and giving refunds: the law - GOV.UK

WWW.GOV.UK

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When you do and do not have to offer a refund, repair or replacement, unconditional refunds for online purchases, and penalties for deceiving...

When buying a car online or over the phone, what are my rights if I change my mind and no longer want to buy the car? 

If you’ve placed a deposit on a vehicle at a distance, either online or over the phone, you are entitled to cancel your order within 14 days and receive a full refund of your deposit, regardless of your reasons or any money the retailer has spent.

https://www.themotorombudsman.org/distance-sales-faqs

 

Edited June 6, 2023 by Omega 888

[Omega 888]

I specifically asked for people's experience. Sunset555's post is not confusing at all. Sunset555: if you paid into Silverdale Car's bank account, it has been set up using a female member of the family - SUE her.

[Omega 888]

Get in touch with Leicestershire County Council Trading Standards. They have a few complaints about them.

As far as I am concerned, there is no "Zayn". He is the director of ASW Cars. If you want to know the name of the woman you paid - the registered owner of SC - then use your bank "Pay someone new"... Type in the details and use the director's last name, Your baqnk will MATCH to the real registered owner - who sharers their surname. I am still explorinbg her as the bank allowed her to set up the account using only initials.

Oh - sorry you paid ASW Cars. 

Then Lawgistics is just trying to bully you. You definitely have a more straightforward MCOL than I do. Mind you, ASW Cars has two outstanding CCJs since June 2022.

ASW Cars have not advertised anywhere since 2022 - they have been using SC instead. Now they have scuppered the SC website however, their AutoTrader page still identifies as Silverdale Cars. They have changed their name again to: NUMOTA.

Garages issuing False MOTs should definitely be reported as well. ASW must be working with a garage or three. I have seen several complaints that their cars are unroadworthy/dangerous.

[Omega 888]

Precisely my attitude. I was dealing with RAC Client Support Services - a woman called Danielle. Give her my 'regards'. I had to twist their arms to get them to admit the crims they accredited as "Approved Dealers". RAC played their cards very close to their chest b/c they knew they should not have vouched for these people. If you don't mind, what address were they using when you purchased your daughter's car?

[Omega 888]

Not a complete address as I am sure you are aware. When they were RAC Approved, RAC's website listed them as: 10 Silverdale Drive Thurmaston, Leicester LE4 8NN.

The owner of that site is NEAL Brothers. Their accounts department told me in April they had never heard of SILVERDALE CARS.

Then RAC gave me a new address: 79 Hastings Road LE5 0LJ. This address does not really exist but if it did it would also fall on another NEAL Brothers estate here: Queens Building, Hastings Road, Leicester. 

Again NEAL Brothers account department told me: The only car dealer we have on Hastings Road is ASW Cars Ltd. Then they gave me the director's mobile number. 

[Omega 888]

Lloyds - I have a solicitor involved.

[Omega 888]

I 'think' that comment was intended for me.

Whilst we were essentially dealing with the same rogue traders, you paid ASW Cars Ltd. I paid Silverdale Cars - an unregistered business with a business bank account that has been set up by a family member.

[Omega 888]

Contact Leicestershire County Council Trading Standards: mention that you know this group are being investigated by LCC Trading Standards Investigations Team - tradingstandards@leics.gov.uk - 0116 305 2300

You probably already know this but as you are taking a Limited Company to court: "If the company you are looking to sue is a limited company then you must check the company name on Companies House, it must be 100% accurate.

You must make sure to include both the trading address and the registered address (usually the address for service and for issuing a claim). It is worth noting that these two addresses are not always the same." 

The trading address is whatever address they listed in their advert or on their invoice. The registered address is the one listed on Companies House in Birmingham.

Btw I have been told that Lawgistics are not in fact solicitors - they just want people to think they are.

Good luck and thanks for the info.

[Omega 888]

Sunset555 Whose accounts are they using? Business names or Individuals? Which banks? Have you got any names to share?

Also: which bank did ASW Cars use when you paid them? Was it Lloyds?

[Omega 888]

Did any invoice or payment advice actually STATE any account as 'trading as' Silverdale Cars?

I would definitely like to know ASW's account details. I am still in contact with the [edited - HB] at Lloyds.

It is clear that ASW created SC -and now Numota- to deceive the public. When a limited company do not make it expressly clear that they are doing business as a trading arm, then the directors can be held personally liable for contracts - and debts.

[Omega 888]

Btw I am almost certain I know their sort code so all you would need to send me is the account number. If you haven't already, I would report them to the customer service business complaints at the bank - just to ensure there is a record of the deal.