Being sued over a car I sold :(

Being sued over a car I sold :(

Author
Discussion

threadlock

3,199 posts

260 months

Monday 16th November 2015
quotequote all
Dave, I hope this works out in your favour. I'll continue to watch from the sidelines.

Whenever I've sold a car privately I've got the buyer to sign a receipt using the standard text from something like the AA's website, saying no warranty is implied, sold as seen etc. Can any of the legal experts here tell me: Would this be enough to prevent this sort of claim from a buyer?

ORD

18,120 posts

133 months

Monday 16th November 2015
quotequote all
Depends. Probably most of the time.

anonymous-user

60 months

Monday 16th November 2015
quotequote all
Such a document would not preclude a claim if you had in fact made a false representation that had induced the sale. Absent any misrep, the document would be a useful recitation of the position as to a private sale. So, no harm in preparing such a document, but it's not a form of magic words.

threadlock

3,199 posts

260 months

Monday 16th November 2015
quotequote all
Thank you. thumbup

btcc123

1,243 posts

153 months

Monday 16th November 2015
quotequote all
These are my thoughts about the thread,it seamed to me that the OP was telling the truth and the buyer has virtually no chance of winning the case in court.

The OP said he has a barrister cousin who will draft a response over the weekend so it seamed a positive step to stop the case in its tracks.Yet the OP says he spoke to his companies solicitor and says the has some pointers to write a reply,why is he doing that as he said his Barrister cousin was replying.Sounds like the bit about his cousin is not true and was a lie and if so what else in his story is not true and is the buyer justified in his actions.

I do not know what to make of it but think there are things that we may not know about.

The letter from the solicitors looks suspect as the last page only has the solicitors signature but on the previous page has plenty of room for the signature to be added at the bottom of the page if a parograph are moved up so something is not quite right.

Edited by btcc123 on Monday 16th November 19:00

Tampon

4,637 posts

231 months

Monday 16th November 2015
quotequote all
btcc123 said:
These are my thoughts about the thread,it seamed to me that the OP was telling the truth and the buyer has virtually no chance of winning the case in court.

The OP said he has a barrister cousin who will draft a response over the weekend so it seamed a positive step to stop the case in its tracks.Yet the OP says he spoke to his companies solicitor and says the has some pointers to write a reply,why is he doing that as he said his Barrister cousin was replying.Sounds like the bit about his cousin is not true and was a lie and if so what else in his story is not true and is the buyer justified in his actions.

I do not know what to make of it but think there are things that we may not know about.

The letter from the solicitors looks suspect as the last page only has the solicitors signature but on the previous page has plenty of room for the signature to be added at the bottom of the page if a parograph are moved up so something is not quite right.

Edited by btcc123 on Monday 16th November 19:00
Easy Poirot, I think your brain calculator has popped, makes me wonder what else has broken in your house. Leads me to believe it isn't your house. So who's house are you living in? I don;t think we are getting the full story based on these reasoning's.

I don't know what to make of your post but I get the feeling your log in might have been hacked by ISIS.

There are things here we just don't know about here, fishy as a penguins pocket...

Coxy914

691 posts

212 months

Monday 16th November 2015
quotequote all
btcc123 said:
These are my thoughts about the thread,it seamed to me that the OP was telling the truth and the buyer has virtually no chance of winning the case in court.

The OP said he has a barrister cousin who will draft a response over the weekend so it seamed a positive step to stop the case in its tracks.Yet the OP says he spoke to his companies solicitor and says the has some pointers to write a reply,why is he doing that as he said his Barrister cousin was replying.Sounds like the bit about his cousin is not true and was a lie and if so what else in his story is not true and is the buyer justified in his actions.

I do not know what to make of it but think there are things that we may not know about.

The letter from the solicitors looks suspect as the last page only has the solicitors signature but on the previous page has plenty of room for the signature to be added at the bottom of the page if a parograph are moved up so something is not quite right.

Edited by btcc123 on Monday 16th November 19:00
Wtf???
Read everything, it's all explained.


WinstonWolf

72,857 posts

245 months

Monday 16th November 2015
quotequote all
Tampon said:
btcc123 said:
These are my thoughts about the thread,it seamed to me that the OP was telling the truth and the buyer has virtually no chance of winning the case in court.

The OP said he has a barrister cousin who will draft a response over the weekend so it seamed a positive step to stop the case in its tracks.Yet the OP says he spoke to his companies solicitor and says the has some pointers to write a reply,why is he doing that as he said his Barrister cousin was replying.Sounds like the bit about his cousin is not true and was a lie and if so what else in his story is not true and is the buyer justified in his actions.

I do not know what to make of it but think there are things that we may not know about.

The letter from the solicitors looks suspect as the last page only has the solicitors signature but on the previous page has plenty of room for the signature to be added at the bottom of the page if a parograph are moved up so something is not quite right.

Edited by btcc123 on Monday 16th November 19:00
Easy Poirot, I think your brain calculator has popped, makes me wonder what else has broken in your house. Leads me to believe it isn't your house. So who's house are you living in? I don;t think we are getting the full story based on these reasoning's.

I don't know what to make of your post but I get the feeling your log in might have been hacked by ISIS.

There are things here we just don't know about here, fishy as a penguins pocket...
We also don't know if duck quacks echo. Suspicious, I think so scratchchin

QuattroDave

Original Poster:

1,561 posts

134 months

Monday 16th November 2015
quotequote all
btcc123 said:
These are my thoughts about the thread,it seamed to me that the OP was telling the truth and the buyer has virtually no chance of winning the case in court.

The OP said he has a barrister cousin who will draft a response over the weekend so it seamed a positive step to stop the case in its tracks.Yet the OP says he spoke to his companies solicitor and says the has some pointers to write a reply,why is he doing that as he said his Barrister cousin was replying.Sounds like the bit about his cousin is not true and was a lie and if so what else in his story is not true and is the buyer justified in his actions.

I do not know what to make of it but think there are things that we may not know about.

The letter from the solicitors looks suspect as the last page only has the solicitors signature but on the previous page has plenty of room for the signature to be added at the bottom of the page if a parograph are moved up so something is not quite right.

Edited by btcc123 on Monday 16th November 19:00
Oh FFS you really got that from what I said? My cousin is real, she is a barrister, she has promised me she will draft a response. Before I got through to my cousin on Thursday however I sent an email to the solicitor I meet ever Tuesday for work for advice as I'm sure you can imagine I was quite distressed at receiving the letter so was chasing down every person I knew with a legal background. My work solicitor was on holiday until this morning. When she read it she called me with some advice.

My cousin hasn't as yet sorted the response for me so seeing as I spoke with a solicitor today I thought I'd have a go at it myself whilst I'm waiting just in case my cousin doesn't come through. Obviously it's going to be better coming from a legal boffin but it'll make me feel comfortable knowing I'm doing something myself about it, even if it's then not used.

You don't happen to work for SB solicitors do you...

Tampon

4,637 posts

231 months

Monday 16th November 2015
quotequote all
QuattroDave said:
Oh FFS you really got that from what I said? My cousin is real, she is a barrister, she has promised me she will draft a response. Before I got through to my cousin on Thursday however I sent an email to the solicitor I meet ever Tuesday for work for advice as I'm sure you can imagine I was quite distressed at receiving the letter so was chasing down every person I knew with a legal background. My work solicitor was on holiday until this morning. When she read it she called me with some advice.

My cousin hasn't as yet sorted the response for me so seeing as I spoke with a solicitor today I thought I'd have a go at it myself whilst I'm waiting just in case my cousin doesn't come through. Obviously it's going to be better coming from a legal boffin but it'll make me feel comfortable knowing I'm doing something myself about it, even if it's then not used.

You don't happen to work for SB solicitors do you...
Fishy mate, verrrrrrrrrry fishy.

Are you a trader? wink

QuattroDave

Original Poster:

1,561 posts

134 months

Monday 16th November 2015
quotequote all
Breadvan72 said:
That raises an issue of professional conduct for the solicitors. A lawyer is not supposed to allege fraud without having cogent reasons for doing so. Attacking the solicitors now is not a good idea, but if and when you see the claim off, the SRA might be interested in a firm that sends out scattergun allegations of this kind without a proper foundation for them.

Chivvy your cousin along, if you can. You should respond asap. If she is too busy, let me know and I will draft you a short, polite but firm letter.
Thanks for the kind offer sir, I've sent you a pm.

stuartmmcfc

8,694 posts

198 months

Monday 16th November 2015
quotequote all
btcc123 said:
Has anyone got a tin foil hat I can borrow?

ORD

18,120 posts

133 months

Monday 16th November 2015
quotequote all
The OP sold himself a car; he is claiming against himself for damages; he also runs the garage that fixed the car; he is the Scarlet Pimpernel; he invented the semi-colon; there is no car; any car that there might be is or should be an MX5; it's all the dashcammer's fault anyway; bloody cyclists; OP couldn't afford the car anyway.

I have now gone full PH and beaten the chap above's case theory (edited to change yoety to theory).

Edited by ORD on Monday 16th November 20:21

berlintaxi

8,535 posts

179 months

Monday 16th November 2015
quotequote all
But who threw the can of Red Bull?

paintman

7,760 posts

196 months

Monday 16th November 2015
quotequote all
42

jeff666

2,350 posts

197 months

Monday 16th November 2015
quotequote all
I think the OP should hammer some sausages in to his own lawn,,,, that'l teach him.

longblackcoat

5,047 posts

189 months

Monday 16th November 2015
quotequote all
Tampon said:
Fishy mate, verrrrrrrrrry fishy.

Are you a trader? wink
Yeah, how come you keep flipping cars? Thought you'd just bought an Audi?

Usget

5,426 posts

217 months

Monday 16th November 2015
quotequote all
longblackcoat said:
Tampon said:
Fishy mate, verrrrrrrrrry fishy.

Are you a trader? wink
Yeah, how come you keep flipping cars? Thought you'd just bought an Audi?
Keep up at the back. He sold it to his cousin.

longblackcoat

5,047 posts

189 months

Monday 16th November 2015
quotequote all
Usget said:
longblackcoat said:
Tampon said:
Fishy mate, verrrrrrrrrry fishy.

Are you a trader? wink
Yeah, how come you keep flipping cars? Thought you'd just bought an Audi?
Keep up at the back. He sold it to his cousin.
Yeah, he says it's his cousin, but there's a real smell of fish and a lot of quacking. Duck? Penguin? Think we need to know.

0a

23,956 posts

200 months

Monday 16th November 2015
quotequote all
QuattroDave, I'd be slightly suspicious about this having come from a lawyer - have you had contact with the firm on the papers to actually confirm that they have sent it?!

As with all legal matters deal with it properly, but at first sight it does seem a strange letter to write in response to an ebay ad sale for an old diesel BMW with quite high miles.