Being sued over a car I sold :(
Discussion
QuattroDave said:
btcc123 said:
These are my thoughts about the thread,it seamed to me that the OP was telling the truth and the buyer has virtually no chance of winning the case in court.
The OP said he has a barrister cousin who will draft a response over the weekend so it seamed a positive step to stop the case in its tracks.Yet the OP says he spoke to his companies solicitor and says the has some pointers to write a reply,why is he doing that as he said his Barrister cousin was replying.Sounds like the bit about his cousin is not true and was a lie and if so what else in his story is not true and is the buyer justified in his actions.
I do not know what to make of it but think there are things that we may not know about.
The letter from the solicitors looks suspect as the last page only has the solicitors signature but on the previous page has plenty of room for the signature to be added at the bottom of the page if a parograph are moved up so something is not quite right.
Oh FFS you really got that from what I said? My cousin is real, she is a barrister, she has promised me she will draft a response. Before I got through to my cousin on Thursday however I sent an email to the solicitor I meet ever Tuesday for work for advice as I'm sure you can imagine I was quite distressed at receiving the letter so was chasing down every person I knew with a legal background. My work solicitor was on holiday until this morning. When she read it she called me with some advice.The OP said he has a barrister cousin who will draft a response over the weekend so it seamed a positive step to stop the case in its tracks.Yet the OP says he spoke to his companies solicitor and says the has some pointers to write a reply,why is he doing that as he said his Barrister cousin was replying.Sounds like the bit about his cousin is not true and was a lie and if so what else in his story is not true and is the buyer justified in his actions.
I do not know what to make of it but think there are things that we may not know about.
The letter from the solicitors looks suspect as the last page only has the solicitors signature but on the previous page has plenty of room for the signature to be added at the bottom of the page if a parograph are moved up so something is not quite right.
Edited by btcc123 on Monday 16th November 19:00
My cousin hasn't as yet sorted the response for me so seeing as I spoke with a solicitor today I thought I'd have a go at it myself whilst I'm waiting just in case my cousin doesn't come through. Obviously it's going to be better coming from a legal boffin but it'll make me feel comfortable knowing I'm doing something myself about it, even if it's then not used.
You don't happen to work for SB solicitors do you...
I am surprised that when you spoke to your company solicitor,who is a specialist in this ares,who had read all the correspondence does not feel there was much,if anything to go on.Where as on here there are posts from very qualified people that can pick holes in the buyers tactics left,right and centre.
I do hope everything goes well for you and my personal opinion is that you have nothing to worry about.The best piece of advice anyone will give you on this thread is to contact Breadvan72 and take him up on his offer.
btcc123 said:
What I got from what you said was that you mentioned your Barrister Cousin a few days ago but only mentioned that you spoke to your company solicitor today.You have ONLY NOW mentioned that you E-mailed him prior to that.I do not have a crystal ball but see that I was wrong so apologise.
I am surprised that when you spoke to your company solicitor,who is a specialist in this ares,who had read all the correspondence does not feel there was much,if anything to go on.Where as on here there are posts from very qualified people that can pick holes in the buyers tactics left,right and centre.
I do hope everything goes well for you and my personal opinion is that you have nothing to worry about.The best piece of advice anyone will give you on this thread is to contact Breadvan72 and take him up on his offer.
Heh and LOL.I am surprised that when you spoke to your company solicitor,who is a specialist in this ares,who had read all the correspondence does not feel there was much,if anything to go on.Where as on here there are posts from very qualified people that can pick holes in the buyers tactics left,right and centre.
I do hope everything goes well for you and my personal opinion is that you have nothing to worry about.The best piece of advice anyone will give you on this thread is to contact Breadvan72 and take him up on his offer.
btcc123 said:
What I got from what you said was that you mentioned your Barrister Cousin a few days ago but only mentioned that you spoke to your company solicitor today.You have ONLY NOW mentioned that you E-mailed him prior to that.I do not have a crystal ball but see that I was wrong so apologise.
I am surprised that when you spoke to your company solicitor,who is a specialist in this ares,who had read all the correspondence does not feel there was much,if anything to go on.Where as on here there are posts from very qualified people that can pick holes in the buyers tactics left,right and centre.
I do hope everything goes well for you and my personal opinion is that you have nothing to worry about.The best piece of advice anyone will give you on this thread is to contact Breadvan72 and take him up on his offer.
Apology accepted. Not mentioned before as I knew I wouldn't get a response from work solicitor until today.I am surprised that when you spoke to your company solicitor,who is a specialist in this ares,who had read all the correspondence does not feel there was much,if anything to go on.Where as on here there are posts from very qualified people that can pick holes in the buyers tactics left,right and centre.
I do hope everything goes well for you and my personal opinion is that you have nothing to worry about.The best piece of advice anyone will give you on this thread is to contact Breadvan72 and take him up on his offer.
To clarify when I said the solicitor I spoke to today didn't feel there was much to go on I meant the buyer doesn't have much if any of a case against me.
I have emailed breadvan on here to accept his offer as I'd like something back sooner rather than later.
Once again thanks to all for your support (save for the swine who didn't like me going from a 530 to an rs6!!)
hashtag said:
Any news?
Yes I have news today.Firstly many many thanks to breadvan for his assistance.
Today I got a saturday delivery recorded for letter direct from the individual who bought my car at a cost of £11 for postage!!
Attached is said letter. Note it's not come from his solicitors!
Also note that he's now mentioning his disability as part of the argument something that he didn't mention at the time of buying, I only found out from looking at his legal history!
Also one of his lies in this correspondence I can actually prove as we never signed for the letter he sent on that date (unless the postie did it on our 'behalf'!) as the letter was just lying on our doormat when we got home!
dxg said:
I suspect your offer to buy the car back will be your undoing. But I'm no lawyer...
My undoing in what way?I suspect my offer to buy the car back has started all this because I was seen as a pushover or pliable as others have stated but I sincerely hope that my trying to be amicable at a time when I needed a replacement car doesn't end up coming to bite me.
N Dentressangle said:
I know you're probably in the right, but I think I'd just give the guy his £4k back and get on with your life. Not read the whole thread recently, so that's assuming you haven't already blown the lot on C&H 
Life's too short for unnecessary stress, IMO.
At one point I would have bought the car back but the fact that he's implied fraud and got solicitors involved has put paid to any question of me giving him a penny. I did nothing wrong, the car was fine when I sold it so why should I be £4k out of pocket because some ejit seemingly enjoys taking people to court.Life's too short for unnecessary stress, IMO.
To reiterate I am a private seller. I work f'ing hard for my money so why should I just fold because he's being an arse.
Oh and as for stress well he's already caused that, happy birthday me!
Edited by QuattroDave on Saturday 21st November 10:38
Another point he made was "no expertise in motorcars" however a web search reveals he "enjoyed a career as a motor racer in the FIA Sport Prototype Championship."
To his earlier points about issues being apparent when the car is up to temperature. He drove 23 miles home on the day of purchase - no issues identified. He drove TO gatwick, no issues identified. He left it for two weeks in a car park and when returning home it came up with a warning!!
To his earlier points about issues being apparent when the car is up to temperature. He drove 23 miles home on the day of purchase - no issues identified. He drove TO gatwick, no issues identified. He left it for two weeks in a car park and when returning home it came up with a warning!!
QuattroDave said:
At one point I would have bought the car back but the fact that he's implied fraud and got solicitors involved has put paid to any question of me giving him a penny. I did nothing wrong, the car was fine when I sold it so why should I be £4k out of pocket because some ejit seemingly enjoys taking people to court.
Absolutely - it would gall me too. I guess it depends how much the worry over a legal claim you admittedly should win will impact on your quality of life. Your buyer sounds like a tedious arse, and I might just take the view that the karma police will catch up with him anyway, although it sounds like they already have him in custody...He seems to spending a lot of time threatening to involve his solicitor
Is this not harassment? Can't the OP talk to his solicitor, or something, to draw something up to make this all go away?
ETA:
Is this not harassment? Can't the OP talk to his solicitor, or something, to draw something up to make this all go away?
ETA:
QuattroDave said:
He left it for two weeks in a car park and when returning home it came up with a warning!!
I left my, then 2 year old, golf stood for 2 weeks in the snow and ice and the dash lit up like a Christmas tree... An older car would probably like it less!Edited by james_tigerwoods on Saturday 21st November 10:45
I am assuming that Breadvan72 helped you with your reply to the buyers solicitors and think that the buyer sent you his letter because his solicitors told him that we will not win if we take the seller to court as it will be a waste of time and money.
If just after he bought your car he went on holiday for two weeks,that he is claiming he is disabled and having major surgery soon does not make any difference to the facts he bought your car in a private deal so sold as seen.
As the letter that you received today was from the buyer and not his solicitor I personally would not reply to it.If you give him the £4,000 back that may be seen as you admitting misrepresenting the car and shown weakness so sure as eggs are eggs you will be getting a letter from probably his solicitors asking for an extra £1,000 he spent on the car.
If just after he bought your car he went on holiday for two weeks,that he is claiming he is disabled and having major surgery soon does not make any difference to the facts he bought your car in a private deal so sold as seen.
As the letter that you received today was from the buyer and not his solicitor I personally would not reply to it.If you give him the £4,000 back that may be seen as you admitting misrepresenting the car and shown weakness so sure as eggs are eggs you will be getting a letter from probably his solicitors asking for an extra £1,000 he spent on the car.
Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff