Oh FFS! Buyer of my car issued court summons!

[Lurking Lawyer]

blueg33 said:

IIRC prior to making a claim the claimant is obliged to send you a letter as required by Practice Direction on Pre-Action Conduct as set out in the Ministry of Justice Rules.

Even if you had a case to answer (which you don't) as I understand it failing to send the relevant letter could seriously prejudice the claimants case.

Not really - the sanction if you don't send a letter of claim is really only relevant in terms of costs.

Since there is a no costs rule in small claims anyway, it's minimal risk. I suppose the judge could award costs on the basis that the failure to send a letter of claim amounts to unreasonable behaviour, but it's less likely than not IMO.

[blueg33]

Lurking Lawyer said:

Not really - the sanction if you don't send a letter of claim is really only relevant in terms of costs.

Since there is a no costs rule in small claims anyway, it's minimal risk. I suppose the judge could award costs on the basis that the failure to send a letter of claim amounts to unreasonable behaviour, but it's less likely than not IMO.

Fair enough. The Ministry of Justice website appears to attach more importance to it. I have to say in my experience as a claimant, that letter referring to Ministry of Justice usually sorts a claim out without the need to take it to court.

[POORCARDEALER]

Lurking Lawyer said:

Soovy said:

Hello.

Sorry I am late.


Go to court, he will lose.

Ensure you keep a record of your lost earnings and expenses and he can pay those as well.

What a cocksocket.

He forgot to say - that will be £500 plus VAT, please.

Has he reduced his rates recently?

[rallycross]

What a lot of rubbish he has no claim and is either a chancer or a moron, or both. It's alarming how many of these idiots seem to be cropping up with no clue as to what buyer beware means.

You say he called you over 30 times since?! That is crazy.

Put hiis number on here I am sure we could muster 30 calls to explain to him what a private sale means.

[daz3210]

Yes it is a private sale.

But in the event that the bloke is successful in establishing that the seller is somehow liable, he also need to defend what is being said surely.

Simply saying this was a private sale and nothing else is not giving any defence if any element of liability is given by the court surely.

[10 Pence Short]

Lurking Lawyer said:

blueg33 said:

IIRC prior to making a claim the claimant is obliged to send you a letter as required by Practice Direction on Pre-Action Conduct as set out in the Ministry of Justice Rules.

Even if you had a case to answer (which you don't) as I understand it failing to send the relevant letter could seriously prejudice the claimants case.

Not really - the sanction if you don't send a letter of claim is really only relevant in terms of costs.

Since there is a no costs rule in small claims anyway, it's minimal risk. I suppose the judge could award costs on the basis that the failure to send a letter of claim amounts to unreasonable behaviour, but it's less likely than not IMO.

If there hasn't been any pre-claim correspondence suggesting proceedings are being considered, it certainly might give the court an idea of the type of character they're dealing with.

[onesickpuppy]

10 Pence Short said:

Lurking Lawyer said:

blueg33 said:

IIRC prior to making a claim the claimant is obliged to send you a letter as required by Practice Direction on Pre-Action Conduct as set out in the Ministry of Justice Rules.

Even if you had a case to answer (which you don't) as I understand it failing to send the relevant letter could seriously prejudice the claimants case.

Not really - the sanction if you don't send a letter of claim is really only relevant in terms of costs.

Since there is a no costs rule in small claims anyway, it's minimal risk. I suppose the judge could award costs on the basis that the failure to send a letter of claim amounts to unreasonable behaviour, but it's less likely than not IMO.

If there hasn't been any pre-claim correspondence suggesting proceedings are being considered, it certainly might give the court an idea of the type of character they're dealing with.

I think there were some text messages and 30-odd phone calls.

[Piersman2]

rallycross said:

What a lot of rubbish he has no claim and is either a chancer or a moron, or both. It's alarming how many of these idiots seem to be cropping up with no clue as to what buyer beware means.

You say he called you over 30 times since?! That is crazy.

Actually I believe this people know exactly what they are doing. The buyer has already got the car pretty cheap by the sounds of it, certainly doesn't seem to have paid over the odds, fair enough, deals are there to be done.

But people like the buyer know that a lot of 'nice' people will want to avoid confrontation and play a game where they try to get the car even cheaper by making up 'issues' after they've bought the car, and they badger the sellers into handing back some of their cash.

This is why I think we're seeing more of these threads, people are seeing this approach work amongst their peers and so think it's worth trying on themselves.

[Davel]

As a metter of interest, have you still got the texts ?

[blueg33]

onesickpuppy said:

I think there were some text messages and 30-odd phone calls.

Would that count? You are supposed to state that you are intending to take action and set out the reasons and give details of the evidence that you intend to rely on. You also should indicate that you are prepared to look at other routes of dispute resolution.

its a bit off topic as the op is not a business but here is the extract from my letter

blueg33 said:

Listed below are the documents on which I intend to rely in my claim against you:

• Sale of Goods Act 1979 (as amended)
• Receipt
• Statements made by in emails by the supplier
• Statement made by the manufacturer

In accordance with Practice Direction on Pre-Action Conduct I would request that you provide me with copies of the following documents:

• A statement on your position regarding repair or replacement
• A written copy of your refund and replacement policies

I can confirm that I would be agreeable to mediation and would consider any other system of Alternative Dispute Resolution in order to avoid the need for this matter to be resolved by the courts and would invite you to put forward any proposals in this regard.

In closing I would draw your attention to section II (4) of the Practice Direction which gives the courts the power to impose sanctions on the parties if they fail to comply with the direction including failing to respond to this letter before claim.

Sorry op for the slight digression

Edited by blueg33 on Wednesday 19th September 16:49

[JQ]

Piersman2 said:

rallycross said:

What a lot of rubbish he has no claim and is either a chancer or a moron, or both. It's alarming how many of these idiots seem to be cropping up with no clue as to what buyer beware means.

You say he called you over 30 times since?! That is crazy.

Actually I believe this people know exactly what they are doing. The buyer has already got the car pretty cheap by the sounds of it, certainly doesn't seem to have paid over the odds, fair enough, deals are there to be done.

But people like the buyer know that a lot of 'nice' people will want to avoid confrontation and play a game where they try to get the car even cheaper by making up 'issues' after they've bought the car, and they badger the sellers into handing back some of their cash.

This is why I think we're seeing more of these threads, people are seeing this approach work amongst their peers and so think it's worth trying on themselves.

^ ^ ^ ^ This.

No different to Ebay where, as soon as some buyers realise the item's been sent without tracking, they see it as an opportunity to get the item for free by claiming it was never received.

[redstu]

Hmm , you didn't sell the car to a doctor living in Glasgow did you?

[BertBert]

OP have you actually got a summons, or just the threat of one?
BErt

[aw51 121565]

blueg33 said:

Listed below are the documents on which I intend to rely in my claim against you:

• Sale of Goods Act 1979 (as amended)
• Receipt
• Statements made by in emails by the supplier
• Statement made by the manufacturer

In accordance with Practice Direction on Pre-Action Conduct I would request that you provide me with copies of the following documents:

• A statement on your position regarding repair or replacement
• A written copy of your refund and replacement policies

I can confirm that I would be agreeable to mediation and would consider any other system of Alternative Dispute Resolution in order to avoid the need for this matter to be resolved by the courts and would invite you to put forward any proposals in this regard.

In closing I would draw your attention to section II (4) of the Practice Direction which gives the courts the power to impose sanctions on the parties if they fail to comply with the direction including failing to respond to this letter before claim.

Edited by blueg33 on Wednesday 19th September 16:49

You've got a live one there; he thinks he's dealing with a motor dealer from the look of it. I also suspect he's done this before - with motor dealers??? - and had more success than he's going to have now .

[Soovy]

aw51 121565 said:

You've got a live one there; he thinks he's dealing with a motor dealer from the look of it. I also suspect he's done this before - with motor dealers??? - and had more success than he's going to have now

What a stroker the buyer is.

Are you London ish? If so I'll happily pitch up at court and tear him a new one. We can sell tickets.

[POORCARDEALER]

Soovy said:

aw51 121565 said:

You've got a live one there; he thinks he's dealing with a motor dealer from the look of it. I also suspect he's done this before - with motor dealers??? - and had more success than he's going to have now

What a stroker the buyer is.

Are you London ish? If so I'll happily pitch up at court and tear him a new one. We can sell tickets.

2 tickets please, be a nice day out

[CarTimeNow]

POORCARDEALER said:

Soovy said:

aw51 121565 said:

You've got a live one there; he thinks he's dealing with a motor dealer from the look of it. I also suspect he's done this before - with motor dealers??? - and had more success than he's going to have now

What a stroker the buyer is.

Are you London ish? If so I'll happily pitch up at court and tear him a new one. We can sell tickets.

2 tickets please, be a nice day out

2 for me please, i'll bring the rotten tomatoes to throw at him

[Apache]

Bet it doesn't get that far

[blueg33]

aw51 121565 said:

You've got a live one there; he thinks he's dealing with a motor dealer from the look of it. I also suspect he's done this before - with motor dealers??? - and had more success than he's going to have now .

You miss understood me. That was a sample of the letter that I sent as part of the claims process on an electrical item.

The point was that the op's claimant hasn't followed procedure. Lurking lawyer has suggested that that doesn't matter and I suspect he is right, but lack of such a letter could also be used by the Op in demonstrating the vexatious nature of the claimant

[MikeyMike]

http://www.imoc.co.uk/forums/viewtopic.php?t=14654... An MR2 owner who had a similar experience. As has been said, the guy is a numpty, just make sure you do everything by the book and he'll get nowhere.

Make sure you keep us updated!