Private car sale - being taken to court
Discussion
The Mad Monk said:
Markbarry1977 said:
I have been following this thread but remained quiet.
All I have to say is "well done op" a victory for common sence.
You are, quite obviously a very wise person.All I have to say is "well done op" a victory for common sence.
Even if you can't spell.
:-)
yea like I said, I generally thought there would be more of a consideration for his misrepresentation claim (even thought I didn't think it would stand up). It was interesting to see that it never cam into play.
The main points were the facts that myself or partner didn't have any mechanical knowledge whatsoever so in the judges opinion we had no more knowledge than the buyer. Also the fact that he did not get the car inspected before by a professional, the fact that he did it after had no relevance what so ever. She said that he had the choice to purchase the car or not, and once the car had been purchased it was effectively down to him if anything went wrong afterwards
The main points were the facts that myself or partner didn't have any mechanical knowledge whatsoever so in the judges opinion we had no more knowledge than the buyer. Also the fact that he did not get the car inspected before by a professional, the fact that he did it after had no relevance what so ever. She said that he had the choice to purchase the car or not, and once the car had been purchased it was effectively down to him if anything went wrong afterwards
Mookes said:
yea like I said, I generally thought there would be more of a consideration for his misrepresentation claim (even thought I didn't think it would stand up). It was interesting to see that it never cam into play.
The main points were the facts that myself or partner didn't have any mechanical knowledge whatsoever so in the judges opinion we had no more knowledge than the buyer. Also the fact that he did not get the car inspected before by a professional, the fact that he did it after had no relevance what so ever. She said that he had the choice to purchase the car or not, and once the car had been purchased it was effectively down to him if anything went wrong afterwards
Good result OP - but I'm a tad worried about what the judge would have done if you'd said you were a mad-keen PH'er who regularly did engine swaps on his collection of K-series Rovers? Your average amateur mechanic / PH Director might know more than Joe Public about cars, it doesn't necessarily make him an expert and it shouldn't (IMHO) make him any more culpable in a situation such as yours.The main points were the facts that myself or partner didn't have any mechanical knowledge whatsoever so in the judges opinion we had no more knowledge than the buyer. Also the fact that he did not get the car inspected before by a professional, the fact that he did it after had no relevance what so ever. She said that he had the choice to purchase the car or not, and once the car had been purchased it was effectively down to him if anything went wrong afterwards
Redeemed. My favourite new phrase.Jasandjules said:
Breadvan72 said:
I have only just seen this thread. County Courts are rather hit and miss. Here the DJ scored a hit in the result, but "invitation to treat" wasn't the right term in context. The description of the car as excellent was, in context, a mere puff.
As for common sense (or even sence), people are often surprised to find out that most of the common law is common sensible.
Indeed, as I noted on 13 February. Really Contract law L101 stuff. Worrying a DJ got that wrong, but at least the result is correct.As for common sense (or even sence), people are often surprised to find out that most of the common law is common sensible.
TheGreatSoprendo said:
Breadvan72 said:
The claim alleged misrepresentation. The concept of invitation to treat telatrs to contract.
That's a mighty impressive typo! 
BV, if he was alleging misrepresentation, is that not still part of the contract? i.e. he misrepresented what he was selling hence the contract is not binding?
Still confused.
Hey Mookes - how did this situation end up?
I'm in a similar position at the moment - sold a VW Camper a few months ago (sold as seen with signed invoice) and a month of completing the purchase the buyer came back to me demanding that I buy it back because of corrosion on the underside. Been rumbling on for nearly 6 months and his solicitor keeps telling me that court action is being instigated immediately.
Be interested to hear the end to your story.
I'm in a similar position at the moment - sold a VW Camper a few months ago (sold as seen with signed invoice) and a month of completing the purchase the buyer came back to me demanding that I buy it back because of corrosion on the underside. Been rumbling on for nearly 6 months and his solicitor keeps telling me that court action is being instigated immediately.
Be interested to hear the end to your story.
Camperfreak said:
Hey Mookes - how did this situation end up?
I'm in a similar position at the moment - sold a VW Camper a few months ago (sold as seen with signed invoice) and a month of completing the purchase the buyer came back to me demanding that I buy it back because of corrosion on the underside. Been rumbling on for nearly 6 months and his solicitor keeps telling me that court action is being instigated immediately.
Be interested to hear the end to your story.
I'm in a similar position at the moment - sold a VW Camper a few months ago (sold as seen with signed invoice) and a month of completing the purchase the buyer came back to me demanding that I buy it back because of corrosion on the underside. Been rumbling on for nearly 6 months and his solicitor keeps telling me that court action is being instigated immediately.
Be interested to hear the end to your story.
Mookes said:
UPDATE!!!!!
Hi all, we attended the allocation hearing today and had an excellent result.
The main points of the case were:
Firstly she asked him if he was pressured into buying the car to which he said no
My partner and myself were asked about our employment history (to ascertain if we had any car knowledge) which we didn't.
She then said that his case had no basis in law whatsoever.
Of course he proceeded to say that we described the car as "an excellent in excellent condition", to which the judge replied this is simply an "invitation to treat" nothing more
And on that note, the case was struck out on the basis that it had no probability of success.
maybe start a new thread ph is a helpful place.Hi all, we attended the allocation hearing today and had an excellent result.
The main points of the case were:
Firstly she asked him if he was pressured into buying the car to which he said no
My partner and myself were asked about our employment history (to ascertain if we had any car knowledge) which we didn't.
She then said that his case had no basis in law whatsoever.
Of course he proceeded to say that we described the car as "an excellent in excellent condition", to which the judge replied this is simply an "invitation to treat" nothing more
And on that note, the case was struck out on the basis that it had no probability of success.
Hi to everyone, I just sold car recently to lady , and a week after her husband rang me saying head gasket problems, I have told no idea as I haven't had any issue no smokes no water leaks no overheating, he told that he will take to the garage to check and then he come back saying they confirmed that is head gasket, I told as I I hvent had any issue no idea about it , I asked did you noticed that is a head gasket, he told me that was low on coolant level . ? then they find advertising on line a while ago someone was selling that car with this issue ,they did print screen and sent it to me I have told I had never seen and its nothing to do with me ( honestly never seen this add no contact with that seller ) then they rang him and give my details , I have received phone calls from private number assaulting me saying you bought car from me ,I have asked can you please give your phone number I and your name then they hang up , I had few of those calls, then other guy rang me saying I have bought on Ebay at it was listed not while ago , I asked if they have any proof that it's me who bought that car ??? he just start swearing on me , I told I will get police involved after that they stop calling me ,but now I waiting invitations to court . she done all test drive checks everything I have asked her numerous times if she happy if she wants to check any more ,she sad no I am very happy .. but back to begin she asked me about car I have told nice car as you can see on pics , she asked me for more pictures I did maybe 15 and sent to her , then she asked about service book I did picture and sent to her , she asked to come straight away I told no as I am using it , then she sad I have other cars I to look at I told is your choice as I am not rushing to sell it, then she sad I give you more 150 pounds and coming next day I sad well then let me see if I can , I done it next day as she offer me more . now she saying I am a trader as the car was on trader part ,I had full v5 except 1 peace which is trader part no idea this is my second car sold in my life and I have bought this car from the street ( while i have advertised this car I did some work on it brakes, pads service I even had all4 tyre expensive ones that's way I wasn't on a rush to sell but it just to small for family and my miss was complaining about it that we are 4 and per plus baby buggy, there is no space for pet . after I bought just few days later I hve advertised for sale but in that time spending money on it as I loved it and hopping no one will buy it ,
but end of story she bought and now touck me to court . what do you thing about my story !! thank you
but end of story she bought and now touck me to court . what do you thing about my story !! thank you 
Gassing Station | General Gassing | Top of Page | What's New | My Stuff