Private Car Sale
Discussion
OP, you can get a 30 minutes free session with a solicitor (not all of them though?) from memory... Or one used to be able to.
Regardless, any solicitor should be able to confirm caveat emptor is in play - unless you've said some 'interesting' stuff when 'they' purchased the thing
.
Posting the paperwork up (scanned/photographed then redacted/washed and saved to an external photo hoster such as botophuket then linked in your next post
) would be helpful 
.
Regardless, any solicitor should be able to confirm caveat emptor is in play - unless you've said some 'interesting' stuff when 'they' purchased the thing
.Posting the paperwork up (scanned/photographed then redacted/washed and saved to an external photo hoster such as botophuket then linked in your next post
) would be helpful .
As I mentioned above, the Court has not looked into the buyer's case, so don't over-react.
But don't be blase, either. Please tell me you've typed up a full and chronologically ordered record of the advert, texts, emails, phone conversations? Doing this will help clarify in your mind the strength (or otherwise) of your position. Cut-n-paste it here (names redacted) for more advice.
But don't be blase, either. Please tell me you've typed up a full and chronologically ordered record of the advert, texts, emails, phone conversations? Doing this will help clarify in your mind the strength (or otherwise) of your position. Cut-n-paste it here (names redacted) for more advice.
MissChief said:
It certainly wouldn't harm your case if you did but I think they're just trying it on. Complete the paperwork and consult someone like Citizens Advice before sending it back. I fail to see how they have a leg to stand on.
Unless the OP misrepresented something in the advert - we haven't seen it yet. philario said:
Update on this topic:
I've received paperwork from the courts, which I know I need to respond to.
Is it worth getting a solicitor yet or do I wait and see what happens?
I feel like I am getting scammed, but they seemed like such a genuine couple!!!!
They may be genuine but with a misguided idea of what buying a used car privately actually entitles them too. On the other hand they could be convincing scammers. Either way, they aren't entitled to any of your cash.I've received paperwork from the courts, which I know I need to respond to.
Is it worth getting a solicitor yet or do I wait and see what happens?
I feel like I am getting scammed, but they seemed like such a genuine couple!!!!
The best conmen are those that appear 'oh so genuine' - that's what makes them successful. Don't fret about this, as stated previously just respond to the court with a clear chronological description of events. Do not try to embellish anything just be straight as a die. If the vehicle was regularly serviced/ maintained then say so. If the buyers inspected and test drove it then say just that adding what they inspected and for how long including how long they drove the car for and, only if you know, over what type of roads. Include copies of adverts and any correspondence.
I suspect that when faced with the prospect of you not being intimidated and having all the facts at hand they will just go away.
I suspect that when faced with the prospect of you not being intimidated and having all the facts at hand they will just go away.
philario said:
Slurms said:
There is another thread currently running on here which is exactly the same scenario. This seems to be getting really common.
Hi, do you have the title or a link to the other thread please. Thanks This one is good because it nearly went to court and has some good content IMO
http://www.pistonheads.com/gassing/topic.asp?h=0&a...
But there are loads more
http://www.pistonheads.com/gassing/topic.asp?h=5&a...
http://www.pistonheads.com/gassing/topic.asp?t=134...
http://www.pistonheads.com/gassing/topic.asp?h=0&a...
http://www.pistonheads.com/gassing/topic.asp?h=0&a...
http://www.pistonheads.com/gassing/topic.asp?t=102...
philario said:
Update on this topic:
I've received paperwork from the courts, which I know I need to respond to.
Is it worth getting a solicitor yet or do I wait and see what happens?
I feel like I am getting scammed, but they seemed like such a genuine couple!!!!
How much are they asking for?I've received paperwork from the courts, which I know I need to respond to.
Is it worth getting a solicitor yet or do I wait and see what happens?
I feel like I am getting scammed, but they seemed like such a genuine couple!!!!
You will need to make an initial response within 14 days
thelawnet said:
How much are they asking for?
You will need to make an initial response within 14 days
OP - it's really important that you file a defence or an acknowledgment of service with the court and the claimant within 14 days of service of the court docs. If filling an AOS you'll need to file a defence within 28 days of service. You will need to make an initial response within 14 days
Even better, get proper legal advice ASAP. If you can't afford it, you are capable of defending the claim yourself but I suspect you'll need one of our resident lawyers to provide you with some assistance.
Garvin said:
I suspect that when faced with the prospect of you not being intimidated and having all the facts at hand they will just go away.
Absolutely this. These people are such a pain as they either don't understand, or they think they are the strongest person. Being firm with them is the only way, don't back down.Hello again, is this ok for my response to the courts??
The defendants thoroughly inspected the car inside
and out, including under the bonnet whilst revving the engine,
underneath the car and the exhaust pipe. She also took it for a
test drive and seemed very pleased. Later that day she phoned me
to make an offer, which I accepted, and she paid a deposit for me
to take the advert down.
Approximately 2 hours after collecting the car the following week,
the defendant phoned me stating the car had seemed to lose power
but didn't cut out. Therefore they were going to take the car to a
mechanic friend of theirs. I had never experienced anything like
this whilst i drove the car.
I then received contact 4 days later saying their mechanic friend
has looked at the car and found a number of faults - some of which
were 'clearly visible' when looking under the bonnet, yet these
'clearly visible' faults were not seen or picked up on during the
initial inspection.
I was also told that the car wouldn't go over 3000rpm, again a
problem I had never experienced, and didn't happen during their
inspection when the engine was revved or on the test drive.
None of the faults that were listed were apparent to me, if there
at all, whilst I owned the car.
Regarding the 'DPF filter' removal, this most certainly was not
removed whilst I owned the car.
The reason for not responding to the initial written contact
(apart from being under no obligation to) is that I was not given
a postal address, just an email address, and I didn't think it was
very formal to respond to the email address given regarding this
matter.
If I felt the car was not 'fit for purpose' there is no way
whatsoever I would've taken my wife and 3 children on a family
holiday in it just a few weeks prior.
Hope thats ok, any tips or advise are appreciated.
The defendants thoroughly inspected the car inside
and out, including under the bonnet whilst revving the engine,
underneath the car and the exhaust pipe. She also took it for a
test drive and seemed very pleased. Later that day she phoned me
to make an offer, which I accepted, and she paid a deposit for me
to take the advert down.
Approximately 2 hours after collecting the car the following week,
the defendant phoned me stating the car had seemed to lose power
but didn't cut out. Therefore they were going to take the car to a
mechanic friend of theirs. I had never experienced anything like
this whilst i drove the car.
I then received contact 4 days later saying their mechanic friend
has looked at the car and found a number of faults - some of which
were 'clearly visible' when looking under the bonnet, yet these
'clearly visible' faults were not seen or picked up on during the
initial inspection.
I was also told that the car wouldn't go over 3000rpm, again a
problem I had never experienced, and didn't happen during their
inspection when the engine was revved or on the test drive.
None of the faults that were listed were apparent to me, if there
at all, whilst I owned the car.
Regarding the 'DPF filter' removal, this most certainly was not
removed whilst I owned the car.
The reason for not responding to the initial written contact
(apart from being under no obligation to) is that I was not given
a postal address, just an email address, and I didn't think it was
very formal to respond to the email address given regarding this
matter.
If I felt the car was not 'fit for purpose' there is no way
whatsoever I would've taken my wife and 3 children on a family
holiday in it just a few weeks prior.
Hope thats ok, any tips or advise are appreciated.
Others on here are better qualified to comment but two things strike me: there is no reference to the wording of the advert and I would cut out half of what you've written as unnecessary at this stage anyway. Maybe some things to mull over but be careful of the court response deadline.
philario said:
Hello again, is this ok for my response to the courts??
[snip]
Hope thats ok, any tips or advise are appreciated.
I think it would be more helpful if you posted the wording of the claim. Your response should include a rebuttal to every part of their claim.[snip]
Hope thats ok, any tips or advise are appreciated.
You should also make it clear that the car was sold in a private sale.
The claim is as follows:
I purchased a car off the defendant after being told it had been looked at by a mechanic and was sound but within 2 hours of driving away an engine fault presented itself.
After investigation by a professional mechanic, we found the vehicle to have several faults and the DPF filter had been removed making the car an mot failure.
None of which had been declared before the sale. We notified the defendant by phone on the same day about the fault & have since written to him for a resolution but have had no response. We feel the car is not fit for purpose.
That's it.
I purchased a car off the defendant after being told it had been looked at by a mechanic and was sound but within 2 hours of driving away an engine fault presented itself.
After investigation by a professional mechanic, we found the vehicle to have several faults and the DPF filter had been removed making the car an mot failure.
None of which had been declared before the sale. We notified the defendant by phone on the same day about the fault & have since written to him for a resolution but have had no response. We feel the car is not fit for purpose.
That's it.
The text of that claim makes it even clearer that they don't understand the difference between a private sale and buying from a trader.
As others have said I'd just refute their statement point by point. One thing though, you still haven't posted the original text of your advert and that's about the only place you might come unstuck if you've made too many claims about the car.
As others have said I'd just refute their statement point by point. One thing though, you still haven't posted the original text of your advert and that's about the only place you might come unstuck if you've made too many claims about the car.
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