Private Car Sale - Legal advice please???

Private Car Sale - Legal advice please???

Author
Discussion

speedyman

1,525 posts

234 months

Monday 20th October 2014
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Just for interest, do these type of claims allow appeals ?

Shaw Tarse

31,543 posts

203 months

Monday 20th October 2014
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Breadvan72 said:
I would be happy to draft an FAQ list on commonly encountered civil law issues, but the Mods might not want too many stickies cluttering up the page.
I've put the idea forward, (You may get an email)

Byteme

450 posts

142 months

Monday 20th October 2014
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philario said:
The claim in the letter from the courts is this:

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.
Since when were Mazda MX5s fitted with a DPF or the late diesel engines that mandate their use?

Case closed!

This sounds like fraud. I suspect managed by companies that have certain recognised postcodes.

B'stard Child

28,395 posts

246 months

Monday 20th October 2014
quotequote all
Byteme said:
philario said:
The claim in the letter from the courts is this:

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.
Since when were Mazda MX5s fitted with a DPF or the late diesel engines that mandate their use?

Case closed!

This sounds like fraud. I suspect managed by companies that have certain recognised postcodes.
philario said:
Original Advert

Very low genuine milage Mazda 5. Excellent condition throughout.
Full Mazda Service History. MOT until April 2015 with no advisories, Tax until end Jan 2015. Insurance group 6.
Lovely to drive, very comfortable and very spacious.
Very well looked after car. Ideal for families with 2+ children, lots of room to put all the things that come with kids
Only selling because we have another MPV and we have no need for 2.
Cheapest of this model with low milage online.
Any further questions or to arrange a viewing please contact me.
Mazda 5



Mazda MX5

You don't need a picture of one of them wink

Byteme

450 posts

142 months

Monday 20th October 2014
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Got me! I'd still go with the postcodes.

philario

Original Poster:

42 posts

115 months

Wednesday 29th October 2014
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Hi,
I'm just about to return the 'Directions Questionnaire (Small Claims Track)' and wondered if I need to send a photocopy to the claimant as well?

anonymous-user

54 months

Wednesday 29th October 2014
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The Civil Procedure Rules are on the Ministry of Justice website. There is a rule and a practice direction for each step in the process. Terms that are annotated GL are defined in the Glossary to the Rules.

philario

Original Poster:

42 posts

115 months

Saturday 8th November 2014
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UPDATE:

I have today received a 'Notice of Discontinuance'

States that the claimant discontinues all of this claim.

Another letter I received today is a 'General Form of Judgment Order'
One paragraph that stands out is
'The Claimant, you have been sent Notice N149A, B or C which specified the date by which you were required to return the Directions Questionnaire. You have failed to file the Directions Questionnaire and any requested fee with the CCBC by the date specified in form N149.

Does this all mean that they've withdrew & cancelled the claim?

Thanks

EskimoArapaho

5,135 posts

135 months

Saturday 8th November 2014
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It means that the other party decided not to spend more money to proceed and ignored the paperwork/deadlines. He was hoping that you would be intimidated and would just roll over. It didn't work.

Congrats - have a drink. smile

Jasandjules

69,885 posts

229 months

Saturday 8th November 2014
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Yes they have withdrawn. Now you are at liberty to consider making an application for costs - the work that was done pre-allocation...

delboy735

1,656 posts

202 months

Saturday 8th November 2014
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Result for the good guys !! smile

TA14

12,722 posts

258 months

Saturday 8th November 2014
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Well done!

Interesting to see how far peole will push it.

steve2

1,772 posts

218 months

Saturday 8th November 2014
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The claimant has probably googled this thread and wised up smile