Small claims for a misrepresentation of car

[mrsmac17]

The initial message was deleted from this topic on 07 July 2023 at 19:05

[mrsmac17]

My son has had a court letter through the post, we’ve defended the whole claim , they now want mediation

[mrsmac17]

Thanks for your reply’s
I will attend meditation on behalf of my son as he ain’t got a clue what to do,
There saying it’s gonna cost in excess of 2k to fix

Edited by mrsmac17 on Thursday 15th June 12:10

[mrsmac17]

Thanks for all your info, let’s see what they say in mediation🤣 nothing on my end changes , no refund

[mrsmac17]

Panamax said:

mrsmac17 said:

my husband told them we had a fault with the car and just back from the garage 3 days prior, he told them all he knew and said he couldn’t tell them what had been replaced as we’ve not had the invoice yet

That sounds rather unusual to me.

How was the "fault" described to the buyer?

What was the "invoice" sent a few days later and what did it say?

The invoice was from the garage , for the repairs on the car

[mrsmac17]

Panamax said:

mrsmac17 said:

The invoice was from the garage , for the repairs on the car

That means nothing and simply confirms my view, endorsed by someone else above, that this is a troll post.

Post up a copy of the invoice with details of the how the fault presented itself and I will be happy to give you my unreserved apology....

It won’t let new member post a link for the first 14 days

[mrsmac17]

When the 14 days are up I’ll quite happily post the invoice and await your apology,

[mrsmac17]

Omg I join a site and ask a question, I’m now being accused of being a troll !!
When my 14 days are up I’ll post my invoice as requested not quite sure what that’s going to prove
Oh no she even speaks the same as the troll !!
It’s deja vue
What are you grown men like, all sitting on your phones bhing about me like little kids, I think your all trolls
I will prove I’m genuine when I can up loads things then I expect an apology!!!
Thanks to all the people who have actually helped me with my question there were some good points , mediation is in 2 weeks and I’ll let u know what happens

[mrsmac17]

SIMON67 said:

I'm in the middle of a court claim and have mediation booked next week. I initially thought that the mediator would be looking at the details of the case and apportioning blame / liability. This is clearly not how it works. The mediator has no prior evidence and will accept no evidence on the day. They simply listen to a very brief description of the case from both parties. They are not a judge, weighing up evidence. They are simply there to facilitate a compromise from both parties to avoid the case progressing to court. If you are defending a claim that you believe you have zero liability, you can only lose out as you would be expected to compromise. He claims 2k, you start at zero :- mediator would like everyone to shake hands at 1k. You don't have to accept mediation or to come to an agreement. If you believe zero liability, your best bet is to get to court and present your evidence to a judge who will make an informed decision. Good luck!

Thank you for your reply, in his claim he wanted the cost of the car plus £205 claim fees,
Good luck on your case

[mrsmac17]

Trevor555 said:

It could be the case that the buyer will be trying to prove the OP is a car dealer?

Perhaps the buyer has found lots of previous adverts to prove they're a dealer?

Pure speculation on my part of course, I'll await the OP's furious response, but in my thinking it's the only way the buyer will win this case?

I’m definitely not a dealer , is the only car I’ve ever advertised

[mrsmac17]

Canon_Fodder said:

OP troll has left the building as usual

Pipe down

I’m still here

[mrsmac17]

ingenieur said:

Will be interested to hear the outcome and the reasoning if this ever gets to court.

I’ll let you know the outcome. The mediation lady said it could take up to a year to go to court!!

[mrsmac17]

Thought I would update you all
Had our day in court and won!!!
The judge asked the claimant how did I know the car was faulty when sold as no warning lights on and no warnings on test drive and the claimants reply was I don’t know,
Judge then went on to say the car was road worthy, description was correct so in this case it’s caveat emptor
“Buyer beware” case dismissed
In and out in 4 minutes !!

[mrsmac17]

No cost on our behalf
Claimant paid £210 for the money claim then a further £345 to have it heard in court

ChocolateFrog said:

Thanks for updating.

Result entirely as expected.

Any costs incurred?