Being sued over a car I sold :(
Discussion
paintman said:
I wonder if there's any mileage in sending a copy of his letter to his solicitors with a note that your position is as outlined in your barrister's letter & stating that you consider their client's letter to be harassment & you would be obliged if they would advise him about that.
I have dropped in and out of this thread - but if he does have legal representation in tow - even if it's a relation or whatever - couldn't you just send a reply to every letter you receive from whatever source to his so called solicitor. Even if they are family if they are real presumably they are duty bound to reply, they will possibly soon get cheesed off with it, and if they are a 'proper' solicitor it will presumably cost him dosh everytime the solicitor relays on the correspondence. Two can play at being a pedantic arse.Edited by paintman on Saturday 21st November 19:32
btcc123 said:
As always seams to happen on PistonHeads the experts,in this case Breadvan72 and JustinP1 give sound correct advice and most of the other posters think they know it all but in reality know Fk all.
For what it's worth, BV's a barrister. I'm not a lawyer. I've studied a niche of law to a decent standard, and kept that knowledge up to date as it is part of my job to use that niche of law now. So, whilst I have some knowledge and whilst I'm happy to offer my experience in handling disputes or considering the options available, for the avoidance of doubt, I'm not a lawyer. Swanny87 said:
Some people make me laugh. If you want a trouble free car, Go. And. Buy. A. New. fking. Car. Even if the OP didn't mention anything it's up to him to make sure the car is up to scratch. OP, tell him and his div solicitors to do one.
Really? I know lots of people who have had new audits and bmws with lots of issues. New does not equal trouble free unfortunately!johnwilliams77 said:
Swanny87 said:
Some people make me laugh. If you want a trouble free car, Go. And. Buy. A. New. fking. Car. Even if the OP didn't mention anything it's up to him to make sure the car is up to scratch. OP, tell him and his div solicitors to do one.
Really? I know lots of people who have had new audits and bmws with lots of issues. New does not equal trouble free unfortunately!QuattroDave said:
Well, letters gone off so just waiting to see if I get served or whether he finally realises there's little hope of a positive outcome for him and he stops contacting me and lets it go. Logic suggests it should be the latter, but gut feeling is it'll be the former :S
Best start saving up for BV to represent you QuattroDave said:
Well, letters gone off so just waiting to see if I get served or whether he finally realises there's little hope of a positive outcome for him and he stops contacting me and lets it go. Logic suggests it should be the latter, but gut feeling is it'll be the former :S
Never was the phrase "more in hope than in expectation" more apt.pinchmeimdreamin said:
QuattroDave said:
Well, letters gone off so just waiting to see if I get served or whether he finally realises there's little hope of a positive outcome for him and he stops contacting me and lets it go. Logic suggests it should be the latter, but gut feeling is it'll be the former :S
Best start saving up for BV to represent you QuattroDave said:
Well, letters gone off so just waiting to see if I get served or whether he finally realises there's little hope of a positive outcome for him and he stops contacting me and lets it go. Logic suggests it should be the latter, but gut feeling is it'll be the former :S
Can you possibly post up your response?B.O.L
Quick question re responding to letters; the latest letter was sent without prejudice. I was under the impression that this meant that it couldn't go before the court. If that's the case (?) how would a reply or a non-reply demonstrate reasonableness as the court wouldn't know the correspondence existed?
Ta.
Ta.
Would OP's initial offer to refund the purchase price and take the car back be considered 'without prejudice' automatically as it pertained to trying to negotiate settlement of the matter?
Just wondering as someone mentioned earlier in the thread that they thought the offer and subsequent withdrawal might backfire on OP.
Only asking as I know nothing useful about legal matters but do find them interesting.
Just wondering as someone mentioned earlier in the thread that they thought the offer and subsequent withdrawal might backfire on OP.
Only asking as I know nothing useful about legal matters but do find them interesting.
As some have asked for it please see below pretty much the response that was sent today.
"
I have received you letter of 20th November. I do not accept your account of our discussion as accurate and I maintain the position that I set out in my letter to your solicitors. I add that I had no previous knowledge that you were disabled, and in any event your disability makes no difference to the legal obligations of the parties to a private sale of a car. I am unable to take seriously your suggestion (if made) that you could not unfold the MoT certificate, and am confident in my recall that I pointed out to you the MoT advisory as to an oil leak.
I have received legal advice that your claim has no merit. I do not see any point in further correspondence. If you intend to make a claim, then please arrange for the claim form to be served on me at this address. I suggest, however, that you take legal advice and reconsider your position. My adviser takes the view that a claim by you would likely be regarded by the court as sufficiently unreasonable to justify an order for costs against you. I hope that this can be an end to the matter."
"
I have received you letter of 20th November. I do not accept your account of our discussion as accurate and I maintain the position that I set out in my letter to your solicitors. I add that I had no previous knowledge that you were disabled, and in any event your disability makes no difference to the legal obligations of the parties to a private sale of a car. I am unable to take seriously your suggestion (if made) that you could not unfold the MoT certificate, and am confident in my recall that I pointed out to you the MoT advisory as to an oil leak.
I have received legal advice that your claim has no merit. I do not see any point in further correspondence. If you intend to make a claim, then please arrange for the claim form to be served on me at this address. I suggest, however, that you take legal advice and reconsider your position. My adviser takes the view that a claim by you would likely be regarded by the court as sufficiently unreasonable to justify an order for costs against you. I hope that this can be an end to the matter."
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