Being sued over a car I sold :(

[dudleybloke]

Just write back telling him to go forth and multiply, and that any further communications from him or any parties acting on his behalf will be classed as a declaration of war.

[JustinP1]

QuattroDave said:

The claim is on the grounds of misrepresentation and breach of contract.
I offered to buy the car back out of goodwill but in the basis that the factory this remain on the car (which he stated he would remove).

The ad didn't mention the boot missing a pin but I did run him though how to work it verbally.

You actually needn't have done this.

The fact that you have actually pointed out the fault though shows he has accepted that the fault is there regardless.

I've seen some wild claims on this forum, but I would literally fall off my chair if the solicitor and the chap file a claim and turn up to a hearing.

The only thing I can think is that the solicitor has said "Hmmm, there's not much you can do, I can send a letter and you can hope, but that's all that's possible here.' and the old guy has taken a punt. You've already shown by making the offer that you are pliable, maybe they think that you will move further.

That's the only way I can reconcile this to anything logical or sensible.

[johnfm]

Wacky Racer said:

QuattroDave said:

The claim is on the grounds of misrepresentation and breach of contract.

Dave:-

You have not "misrepresented" anything, and...what contract?...Have you signed anything?

Seriously, get on with your life and this will blow over in a week or so.

Ignore the solicitors letters, you are quite within your rights to, but certainly do NOT ignore any letters from court.

Even if it went to court the judge almost certainly would throw it out.

If you were a trader it MIGHT be a different matter.

Quite clearly there is a contract between a buyer and a seller of a car. Though I'd be surprised if they could prove a breach.

[Davel]

His solicitor may be a friend or relative too - and he's just trying to scare you.

[johnfm]

QuattroDave said:

Wacky Racer said:

Is this thread a wind up?

I would bin all correspondence from this so called "solicitor" the guy does not have a leg to stand on, providing you have not misrepresented the car.

You may be in a slightly weak position now though, because you offered to buy the car back, just say you have withdrawn your offer.

The claim is on the grounds of misrepresentation and breach of contract.
I offered to buy the car back out of goodwill but in the basis that the factory this remain on the car (which he stated he would remove).

The ad didn't mention the boot missing a pin but I did run him though how to work it verbally.

Dear Hapless Chancer

Thank you for your letter.

May I kindly refer you to the reply given in the matter of Arkell -v- Pressdram.


Yours

Dave

[nitrodave]

I always write two simple receipts - one for the buy and one for seller with the car details, time and date of sale, and the words:

'sold as seen, tried, tested and approved and sold without guarantee'

We both then sign it and there cannot be any come back.

Only time I've had someone try this on was with a 25 year old mini - with faluts they knew about when they took it. I just referred them to the receipt we both signed.

Best of luck op, just ignore any communication with this solicitor and buyer.

[bad company]

Davel said:

His solicitor may be a friend or relative too - and he's just trying to scare you.

I suspect this may be right. The buyer will be incurring considerable costs with as far as I can see little chance of success.

[Cyberprog]

johnfm said:

Dear Hapless Chancer

Thank you for your letter.

May I kindly refer you to the reply given in the matter of Arkell -v- Pressdram.


Yours

Dave

^^^ This! But in all seriousness the advice thus far seems spot on to me. You've advised him of the fault on the boot before he paid (so it doesn't matter it wasn't advertised) and of the oil leak on the MOT cert, the other faults you couldn't have known about. And you're a private seller, so caveat emptor applies.

I'd just write back stating that he was aware of #1 and #2, and that you had no knowledge of #3 and #4 and that it was sold as seen, as a private sale. I very much doubt this would get to court, but anything is possible if they are stupid enough.

[rallycross]

Wow you actually offered to buy it back for £3,600 ? Tell him to ps off.

[ManFromDelmonte]

Please keep this thread up to date with the outcome of this. It will eb interesting to see what happens.

Good luck, but I don't think you'll need it.

[rallycross]

There is only one outcome, and that is nothing will happen.

[anonymous-user]

Wacky Racer said:

Dave:-

You have not "misrepresented" anything, and...what contract?...Have you signed anything?

Seriously, get on with your life and this will blow over in a week or so.

Ignore the solicitors letters, you are quite within your rights to,
...

This is poor advice.

First, there was undoubtedly a contract here. A contract for the sale of a car does not have to be made in writing. Secondly, the OP should not ignore the letter, but should send a polite but firm response, denying liability. Even when the claim is dodgy, as it probably is here, it may weaken a party's position if he does not respond to pre claim correspondence.

Edited by anonymous-user on Thursday 12th November 16:05

[spats]

Just when you think you've seen the worst these two bit "lawyers" will try and get involved with, they go throw this kind of BS into the ring.

What the actual flip are these spunktrumpets drinking these days to think this is anything but a waste of everyone's time?

[heebeegeetee]

BertBert said:

I'm not sure what I'd actually do if that happened to me. But what I think I'd do is write back a simple letter refuting it and only employ solicitors if actual court action appeared.

Bert

I'd be careful about refuting, or about what is refuted. Other than the boot problem which you say you explained, you have no knowledge of any other issue (thus cannot refute or otherwise).

I wouldn't offer a single thing. I do hope your earlier offer doesn't amount to some sort of admission, but otherwise I can't see this going anywhere.

It may be the old boy has a relly who's a solicitor or somesuch and has had this letter produced for nowt.

[anonymous-user]

What did you advert say.

What did you say.

Dont bin letters take legal advice as this may cost you if not prepared. CE is not as simple as made out on here there are arguments that be made made, misrepresentation is one.

Edited by The Spruce goose on Thursday 12th November 16:01

[rallycross]

Wha was your buyer like describe the crettin.

[nitrodave]

If you do reply, I would also make it very clear that you retract your offer to buy back the car.

[johnfm]

I want to know which PHer bought the car and whether JustinP1 drafted the claim...

[JonV8V]

rallycross said:

Wow you actually offered to buy it back for £3,600 ? Tell him to ps off.

Actually it sounds like a good car now, the new buyer has spent a mint on getting it right

It hinges on whether we have the story, the whole story and nothing but the story (to abuse a well known saying).

[JustinP1]

johnfm said:

I want to know which PHer bought the car and whether JustinP1 drafted the claim...

Come on man, give me some credit! This claim is mental!