Being sued over a car I sold :(

Being sued over a car I sold :(

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QuattroDave

Original Poster:

1,467 posts

129 months

Saturday 14th November 2015
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By popular demand:

























JustinP1

13,330 posts

231 months

Saturday 14th November 2015
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All very nice, lots of pages. However, they've overlooked to state what those alleged misrepresentations actually were. Did they state these in previous correspondence?

"Interest at a daily rate of 8%"...


QuattroDave

Original Poster:

1,467 posts

129 months

Saturday 14th November 2015
quotequote all
JustinP1 said:
All very nice, lots of pages. However, they've overlooked to state what those alleged misrepresentations actually were. Did they state these in previous correspondence?

"Interest at a daily rate of 8%"...
Nor does it state that he's returning the vehicle shouid I be mad and pay

PurpleMoonlight

22,362 posts

158 months

Saturday 14th November 2015
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I can't see anything in the ebay advert that would constitute misrepresentation.

You had it serviced and MOTed shortly before sale.

You told the buyer about the boot issue, although he could of course deny that.

It's an 11 year old car with 150,000 odd miles on the clock.

I seriously doubt you have anything to worry about if he is crazy enough to take you to court.

Edited by PurpleMoonlight on Saturday 14th November 11:14

JustinP1

13,330 posts

231 months

Saturday 14th November 2015
quotequote all
QuattroDave said:
JustinP1 said:
All very nice, lots of pages. However, they've overlooked to state what those alleged misrepresentations actually were. Did they state these in previous correspondence?

"Interest at a daily rate of 8%"...
Nor does it state that he's returning the vehicle shouid I be mad and pay
Quite. It in fact reads that you are being formally asked on threat of legal action that you not only give him his money back, but cover all the repair costs.

QuattroDave

Original Poster:

1,467 posts

129 months

Saturday 14th November 2015
quotequote all
PurpleMoonlight said:
I can't see anything in the ebay advert that would constitute misrepresentation.

You had it serviced and MOTed shortly before sale.

You told the buyer about the boot issue, although he could of course deny that.

It's an 11 year old car with 150,000 odd miles on the clock.

I seriously doubt you have anything to worry about if he is crazy enough to take you to court.

Edited by PurpleMoonlight on Saturday 14th November 11:14
In previous correspondence he has acknowledged that I explained the boot operation to him but cited that it only needed a pin to stop the ball popping out the socket. Surely enough on both the quote and invoive it states £3.42 for a pin, the bulk of the cost is for the hydraulic strut which was working fine!

ANother thing that strikes me is the £717 quoted for the strut is exactly that, a quote. Not anywhere does it state that he's actually had the work done and paid for it!

hashtag

1,116 posts

155 months

Saturday 14th November 2015
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I am not a solicitor.

Has that letter really been written by a solicitor, or someone pretending to be one?

Would be be worth contacting the firm to confirm the legitimacy of the letter.

8% interest per day on a debt claim of £5500, would increase the the claim to over £15,000 during the reply period. (i think)


DaveCWK

2,001 posts

175 months

Saturday 14th November 2015
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Why does the exhaust exit the intake side of the turbo in that expertly drawn diagram? hehe

QuattroDave

Original Poster:

1,467 posts

129 months

Saturday 14th November 2015
quotequote all
hashtag said:
I am not a solicitor.

Has that letter really been written by a solicitor, or someone pretending to be one?

Would be be worth contacting the firm to confirm the legitimacy of the letter.

8% interest per day on a debt claim of £5500, would increase the the claim to over £15,000 during the reply period. (i think)
HEaded paper checks back to a website and the law society lists them at the address per the headed paper.

As for the drawing they're suggesting all that needs changing to 'cure' emissions problems when all it likely needs is a damn good thrashing and/or a long run.

hashtag

1,116 posts

155 months

Saturday 14th November 2015
quotequote all
QuattroDave said:
hashtag said:
I am not a solicitor.

Has that letter really been written by a solicitor, or someone pretending to be one?

Would be be worth contacting the firm to confirm the legitimacy of the letter.

8% interest per day on a debt claim of £5500, would increase the the claim to over £15,000 during the reply period. (i think)
HEaded paper checks back to a website and the law society lists them at the address per the headed paper.

As for the drawing they're suggesting all that needs changing to 'cure' emissions problems when all it likely needs is a damn good thrashing and/or a long run.
Yes I checked that too, my comment is based in the English and how the letter is worded. I assume you have deleted their reference from the letter, or was there not one?

Is there a chance that the letterhead has been obtained to scare?

And the very obvious error with regard to the 8% per day, should be per annum!

Terminator X

15,141 posts

205 months

Saturday 14th November 2015
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Let the guy keep spending money on fancy lawyers, he has absolutely nothing to go after. Just smile and wave!

TX.

QuattroDave

Original Poster:

1,467 posts

129 months

Saturday 14th November 2015
quotequote all
hashtag said:
Yes I checked that too, my comment is based in the English and how the letter is worded. I assume you have deleted their reference from the letter, or was there not one?

Is there a chance that the letterhead has been obtained to scare?

And the very obvious error with regard to the 8% per day, should be per annum!
Yes I've removed the reference and their banking details (the solicitors)

Actually just looking at the client reference it has his name followed by 0042 - now if it's anything like the accounting world that would mean he's used the solicitors 41 times previously!

As for the interest I assume it should have been 8% per annum accrued on a daily basis until settled - but you're correct it's wrongly worde and misleading

QuattroDave

Original Poster:

1,467 posts

129 months

Saturday 14th November 2015
quotequote all
So a quick internet seach using his name and legal as search terms reveals that he's taken loads of people to court.

In just the last three years he's taken his local parish counciller to court for slander, Portsmouth council for a parking fine

It also looks like he might be a parish counciller and we all know what kind of person likes to take those roles..

PurpleMoonlight

22,362 posts

158 months

Saturday 14th November 2015
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QuattroDave said:
So a quick internet seach using his name and legal as search terms reveals that he's taken loads of people to court.

In just the last three years he's taken his local parish counciller to court for slander, Portsmouth council for a parking fine

It also looks like he might be a parish counciller and we all know what kind of person likes to take those roles..
Looks like he has nothing better to do in his life!

xxChrisxx

538 posts

122 months

Saturday 14th November 2015
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Could we see the other letters?

It may also be worth getting rid of the buyers name from the scanned documents.

edit: too late people have started sleuthing him smile

QuattroDave

Original Poster:

1,467 posts

129 months

Saturday 14th November 2015
quotequote all
xxChrisxx said:
Could we see the other letters?

It may also be worth getting rid of the buyers name from the scanned documents.

edit: too late people have started sleuthing him smile
Damnit I missed one, thought I'd got rid of them all!


Piersman2

6,603 posts

200 months

Saturday 14th November 2015
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I read that letter and my impression was that it felt like someone had used a proforma or template from another letter to try and create something that looked like a new correspondence.

Like someone had taken a letter either sent to them , or sent by them previously, then scanned it and tried to copy the style, format and language to create what you have received. I'd be disappointed if a solicitor I was using sent out such a jumbled and non-focused letter. What does it actually want you to do? smile

I wonder if it's worth a quick phone call to the named solicitor to ask if he actually did write it! laugh

ETA: And just what are the service bits being rolled into the matter for? You had it serviced before selling it, why does he think you should be paying for a service kit again? What a strange little man. Has he tried to claim the fuel he's had to put int he car since buying it as well? smile

Edited by Piersman2 on Saturday 14th November 12:21

richardrsc

328 posts

136 months

Saturday 14th November 2015
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I'm amazed by this. It's like the guy expects a 12 year old car with 100k+ miles on it to be like new. This is definitely worthy of sausages in the lawn.

ORD

18,120 posts

128 months

Saturday 14th November 2015
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OP, if you can get your solicitor friend / relative to act for you officially, you can then try to find a decent barrister to act for you pro bono (for free) and to accept the instruction from the solicitor (as most barristers do not act directly for lay clients). I expect you will be able to find someone sympathetic enough to help.

IanA2

2,763 posts

163 months

Saturday 14th November 2015
quotequote all
QuattroDave said:
So a quick internet search using his name and legal as search terms reveals that he's taken loads of people to court.

In just the last three years he's taken his local parish councillor to court for slander, Portsmouth council for a parking fine

It also looks like he might be a parish councillor and we all know what kind of person likes to take those roles..
Tells you all you need to know. Just get your barrister friend to write a polite legalise foxtrot oscar and relax.