Being sued over a car I sold :(
Discussion
Hi All,
I AM going to respond to the letter with the response that breadvan has once again kindly drafted.
What I'm not doing though is running around to ensure it reaches him by the deadline of 5pm tomorrow which given the letter arrived saturday afternoon isn't a reasonable timeframe for response (in my eyes) so I shall send the letter off from work tomorrow and he'll get it on Wednesday.
I had considered emailing him back my response but to be honest I don't want another communication channel being opened up!
I AM going to respond to the letter with the response that breadvan has once again kindly drafted.
What I'm not doing though is running around to ensure it reaches him by the deadline of 5pm tomorrow which given the letter arrived saturday afternoon isn't a reasonable timeframe for response (in my eyes) so I shall send the letter off from work tomorrow and he'll get it on Wednesday.
I had considered emailing him back my response but to be honest I don't want another communication channel being opened up!
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."
james_tigerwoods said:
When will this be resolved - I keep checking back in... 
/irony
That is very much the question!/irony
I'll be keeping my eye on the post at least until Christmas.
I'm assuming there's no immediate timeline for proceeding to court from the original solicitors letter?
I however refuse to let it worry e further, it's done enough of that already. With the amazingly generous help from Breadvan I'm able to put it to the back of my mind and if he proceeds then he does so and there's little more I can reasonably do to prevent it.
I now instead await for him to claim for whiplash from the test drive...
Just to update you all, no response as of yet. Hoping that's that now!
Once again thanks all for your comments and reassurances and a special thanks to Breadvan again whos generous help has no doubt brought this to a close much sooner than if I'd gone it alone (or waited for my cousin!!)
Once again thanks all for your comments and reassurances and a special thanks to Breadvan again whos generous help has no doubt brought this to a close much sooner than if I'd gone it alone (or waited for my cousin!!)
V6Pushfit said:
I would say so. Its tee'd up for it.
A reply needs to state offer withdrawn, no further contact, and will record and book every hour spent at £50/hr and invoice him at his home address.
It worked for me on a last year when I had a row with a garage over a car I part x'ed when they came back saying it needed repairs. Never heard another word from the c
t
Until now I've kept it as polite as possible to bring it to a close asap but if he does persist I shall start charging my time. My rate is about £35/hr which can be proven so too can a days holiday taken the day after the letter arrived which I would be inclined to charge a large part to him for the time I actually spent calling solicitors, relatives etc, but the best outcome would be that he gets the hint and just foxtrot oscars (not likely I know!)A reply needs to state offer withdrawn, no further contact, and will record and book every hour spent at £50/hr and invoice him at his home address.
It worked for me on a last year when I had a row with a garage over a car I part x'ed when they came back saying it needed repairs. Never heard another word from the c
trasto said:
I think your buyer has moved on to a new target:
http://www.pistonheads.com/gassing/topic.asp?h=0&a...
Thanks for the linky, I've contacted the OP to see if I can help at all.http://www.pistonheads.com/gassing/topic.asp?h=0&a...
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