Oh FFS! Buyer of my car issued court summons!
Discussion
RRH said:
Front parking sensor failed (although it had always been fine, and worked when HE drove ME to the bank!).
Broken flap on the inlet manifold, apparently.
He also treated himself to a new set of tyres, brake disks and pads.
In essence, he wanted the car to the standard of his outgoing car (61 plate X5 that he had to sell back to dealer).
Bearing in mind the car we sold him was 9 years old and had covered 115,000 miles....
Thanks for the replies, chaps, I know he doesn't have a leg to stand on (not even sure he could rely on the description on the ebay advert as the deal was done after the auction had ended, unsold, ie not through ebay).
Its just a pain in the arse. you lot are making me smile though
I understand all that, but why does he say he's entitled to money from you? Is he saying you owe it under the Sale of Goods Act? Is he saying you misrepresented the condition of the car? Broken flap on the inlet manifold, apparently.
He also treated himself to a new set of tyres, brake disks and pads.
In essence, he wanted the car to the standard of his outgoing car (61 plate X5 that he had to sell back to dealer).
Bearing in mind the car we sold him was 9 years old and had covered 115,000 miles....
Thanks for the replies, chaps, I know he doesn't have a leg to stand on (not even sure he could rely on the description on the ebay advert as the deal was done after the auction had ended, unsold, ie not through ebay).
Its just a pain in the arse. you lot are making me smile though
RRH said:
Yep, small claims. I'll handle it myself.
We've fought cancer twice, fighting this fool doesn't concern me in the least
Thing is, when you fought cancer you no doubt had a bit of expert help which made it a lot easier. Personally I'd do the same here as you're on a gimme to win and thus can bill him for the cost.We've fought cancer twice, fighting this fool doesn't concern me in the least
RRH said:
Thanks for that.
Have had to tackle a few of these before so I'll acknowledge it then take my time with the defence- although I doubt that will take me more than a few minutes I see no reason to rush.
Personally, if you're going to DIY, I'd respond to a few of the questions answered in a few of the posts above. Some of them may be lawyers Have had to tackle a few of these before so I'll acknowledge it then take my time with the defence- although I doubt that will take me more than a few minutes I see no reason to rush.
(not me I might add. Obviously)
RRH said:
Thanks for that.
Have had to tackle a few of these before so I'll acknowledge it then take my time with the defence- although I doubt that will take me more than a few minutes I see no reason to rush.
Couldn't you apply to have the case struck out under 3.4(2)(a) of the Civil procedure Rules?Have had to tackle a few of these before so I'll acknowledge it then take my time with the defence- although I doubt that will take me more than a few minutes I see no reason to rush.
Gruber said:
I understand all that, but why does he say he's entitled to money from you? Is he saying you owe it under the Sale of Goods Act? Is he saying you misrepresented the condition of the car?
Nope, doesn't give any grounds, just claims I misrepresented it. I'm not a mechanic, neither is he, when I describe it as 'excellent condition' I mean it stops and go's as it should, the paintwork is bright and not damaged, and so is the leather.It had a very recent VOSA MOT, so I know it was fine mechanically.
More to the point, he had every opportunity to inspect it. If he wanted a warranty he should have paid more and bought one from a garage. AND he drove it for a week with warped disks without noticing.... come on!
I don't know the wording of his claim, but I'd offer a defence around:
1. I am [name] the defendant, of [address]
2. I was the private owner of [car, reg] and sold it to the claimant as an unwarranted private vehicle sale, at my home address, on [whenever].
3. The claimant inspected the vehicle prior to sale and was happy to buy the vehicle at the price agreed, unwarranted.
4. The claimant called and texted me after driving the vehicle home to say, again, that he was happy. I received no further communication until I was notified of his problem a week after the sale.
5. As a private owner selling a private vehicle in a private sale, this contract is not covered by the Sale Of Goods Act.
1. I am [name] the defendant, of [address]
2. I was the private owner of [car, reg] and sold it to the claimant as an unwarranted private vehicle sale, at my home address, on [whenever].
3. The claimant inspected the vehicle prior to sale and was happy to buy the vehicle at the price agreed, unwarranted.
4. The claimant called and texted me after driving the vehicle home to say, again, that he was happy. I received no further communication until I was notified of his problem a week after the sale.
5. As a private owner selling a private vehicle in a private sale, this contract is not covered by the Sale Of Goods Act.
Soovy!I thought that under £5k was small claims track in which you couldn't get very much by way of legal costs, except (solicitors) issue fee if you issued the summons and the court fee.
As for the claim, when did the OP actually sell the car? The way I have read it this was only seven days since, and he has received a summons already. That means that either no notice of the intention to issue has been made, or things were started pretty much as soon as he had his hands on the car.
With regard to the matter of expenses, you have to ask the judge at the end of proceedings otherwise they are not normally offered. Having said that at one hearing that I attended, the other party did not attend, but instead, on the morning of the hearing sent a fax to court saying they had emigrated. Whilst we never saw the money, the judge did his best to award everything he could. Travel expenses, loss of earnings for all etc etc were awarded, which added up to about £400.00. Our initial claim was only for £250.00 plus interest and court fee. Judges are not daft, and if they get annoyed they are at liberty to do what they wish within the law.
Others better qualified will advise on this, but in addition to defending the action, is it worth writing to the claimant outlining your likely costs in the event of a successful defence, and putting him on notice that you will intend to apply for such costs? Or would this be frowned upon by the court? My thought is to make him think carefully and hopefully withdraw the claim.
In any event, even without having someone inspect the car for him, he would have oppotunity to inspect the tyres before purchase. And I hope he has retained all the allegedly faulty bits to bring to court.....
As for the claim, when did the OP actually sell the car? The way I have read it this was only seven days since, and he has received a summons already. That means that either no notice of the intention to issue has been made, or things were started pretty much as soon as he had his hands on the car.
With regard to the matter of expenses, you have to ask the judge at the end of proceedings otherwise they are not normally offered. Having said that at one hearing that I attended, the other party did not attend, but instead, on the morning of the hearing sent a fax to court saying they had emigrated. Whilst we never saw the money, the judge did his best to award everything he could. Travel expenses, loss of earnings for all etc etc were awarded, which added up to about £400.00. Our initial claim was only for £250.00 plus interest and court fee. Judges are not daft, and if they get annoyed they are at liberty to do what they wish within the law.
Others better qualified will advise on this, but in addition to defending the action, is it worth writing to the claimant outlining your likely costs in the event of a successful defence, and putting him on notice that you will intend to apply for such costs? Or would this be frowned upon by the court? My thought is to make him think carefully and hopefully withdraw the claim.
In any event, even without having someone inspect the car for him, he would have oppotunity to inspect the tyres before purchase. And I hope he has retained all the allegedly faulty bits to bring to court.....
He bought it at the start of August, and was quite happy with everything until he took it to the specialist.
He's huffed and puffed about solicitors for a few weeks, and phoned me 30+ times and a similar amount of texts.
My guess is that he's been to a solicitor, they've laughed at him, so he's decided to do this off his own back. Last weeks letters (always send one recorded and one normal first) said that if I settled within seven days he'd accept £1400, or he was going to pursue it through the courts.
He's huffed and puffed about solicitors for a few weeks, and phoned me 30+ times and a similar amount of texts.
My guess is that he's been to a solicitor, they've laughed at him, so he's decided to do this off his own back. Last weeks letters (always send one recorded and one normal first) said that if I settled within seven days he'd accept £1400, or he was going to pursue it through the courts.
daz3210 said:
I thought that under £5k was small claims track in which you couldn't get very much by way of legal costs, except (solicitors) issue fee if you issued the summons and the court fee.
As for the claim, when did the OP actually sell the car? The way I have read it this was only seven days since, and he has received a summons already. That means that either no notice of the intention to issue has been made, or things were started pretty much as soon as he had his hands on the car.
With regard to the matter of expenses, you have to ask the judge at the end of proceedings otherwise they are not normally offered. Having said that at one hearing that I attended, the other party did not attend, but instead, on the morning of the hearing sent a fax to court saying they had emigrated. Whilst we never saw the money, the judge did his best to award everything he could. Travel expenses, loss of earnings for all etc etc were awarded, which added up to about £400.00. Our initial claim was only for £250.00 plus interest and court fee. Judges are not daft, and if they get annoyed they are at liberty to do what they wish within the law.
Others better qualified will advise on this, but in addition to defending the action, is it worth writing to the claimant outlining your likely costs in the event of a successful defence, and putting him on notice that you will intend to apply for such costs? Or would this be frowned upon by the court? My thought is to make him think carefully and hopefully withdraw the claim.
In any event, even without having someone inspect the car for him, he would have oppotunity to inspect the tyres before purchase. And I hope he has retained all the allegedly faulty bits to bring to court.....
As for the claim, when did the OP actually sell the car? The way I have read it this was only seven days since, and he has received a summons already. That means that either no notice of the intention to issue has been made, or things were started pretty much as soon as he had his hands on the car.
With regard to the matter of expenses, you have to ask the judge at the end of proceedings otherwise they are not normally offered. Having said that at one hearing that I attended, the other party did not attend, but instead, on the morning of the hearing sent a fax to court saying they had emigrated. Whilst we never saw the money, the judge did his best to award everything he could. Travel expenses, loss of earnings for all etc etc were awarded, which added up to about £400.00. Our initial claim was only for £250.00 plus interest and court fee. Judges are not daft, and if they get annoyed they are at liberty to do what they wish within the law.
Others better qualified will advise on this, but in addition to defending the action, is it worth writing to the claimant outlining your likely costs in the event of a successful defence, and putting him on notice that you will intend to apply for such costs? Or would this be frowned upon by the court? My thought is to make him think carefully and hopefully withdraw the claim.
In any event, even without having someone inspect the car for him, he would have oppotunity to inspect the tyres before purchase. And I hope he has retained all the allegedly faulty bits to bring to court.....
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