Being sued over a car I sold :(
Discussion
Dave I was recently in a similar situation to you I had even spent £1000 on it prior to sale.The buyer started to send me text messages accusing me of selling a faulty vehicle.I spoke to a solicitor who said the buyer was given every opportunity to inspect & test the vehicle they also signed a sale document stating they were satisfied.My solicitor said the buyer has no case 'caveat emptor' so write a letter telling them this and adding either to leave you alone or seek legal advice as you have.
Not pleasant I remember feeling like a criminal until I realised I had done nothing wrong.I hope you get it sorted soon.
Not pleasant I remember feeling like a criminal until I realised I had done nothing wrong.I hope you get it sorted soon.
QuattroDave said:
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."
That is a very clear and assertive response. If I received that then I would give up!"
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."
You've not actually read any of this thread have you?
macp said:
Dave I was recently in a similar situation to you I had even spent £1000 on it prior to sale.The buyer started to send me text messages accusing me of selling a faulty vehicle.I spoke to a solicitor who said the buyer was given every opportunity to inspect & test the vehicle they also signed a sale document stating they were satisfied.My solicitor said the buyer has no case 'caveat emptor' so write a letter telling them this and adding either to leave you alone or seek legal advice as you have.
Not pleasant I remember feeling like a criminal until I realised I had done nothing wrong.I hope you get it sorted soon.
Not pleasant I remember feeling like a criminal until I realised I had done nothing wrong.I hope you get it sorted soon.
I like the letter. The pièce de résistance would have been to highlight the 'motorsport racing' career(I think that is correct, confirmed earlier in the thread), but understand it would just be petty thing to do and have no legal merit.
I would dread to think about how many other suckers he has done this to, and got away with it.
I would dread to think about how many other suckers he has done this to, and got away with it.
MoggieMinor said:
I hope that this can be an end to the matter."
Which it certainly should be. I can't believe you have had to put up with this troublemaker.My brother sold some equipment to a private seller who came back 5 years later (never serviced) and wanted his money back. Big fits of laughter ensued until the DH took him to court. The DH lost of course but a day lost in court, travel and all the prep. It turns out this guy has form-having nothing better to do he uses the system to harass everyone he deals with. people like this should come with a warning!
I sold a phone about 3 years ago, open auction, no reserve
I went for slight more than I was hoping.
Something made me check the feedback left for other for the winner, something I'd never done before.
wow, just was, negative feedback for nearly he bought off.
I checked his address in Brum and googling it found it to be linked with a second hand phone shop in London.
So I came to the conclusion, he bought phones off eBay to sell in his shop, but would threaten the sellers through eBay to give his discount claiming the phone were not as described etc and get partial refunds etc.
So I video'd in HD, one showing the phone off as perfect and working, one of it being packed, and another of it all taped up and with the correct address on, uploaded to YouTube and private links, as if I did this with everyone I sold to on eBay.
lo and behold, he got the phone and never left any feedback, think I ruined his plan.
I went for slight more than I was hoping.
Something made me check the feedback left for other for the winner, something I'd never done before.
wow, just was, negative feedback for nearly he bought off.
I checked his address in Brum and googling it found it to be linked with a second hand phone shop in London.
So I came to the conclusion, he bought phones off eBay to sell in his shop, but would threaten the sellers through eBay to give his discount claiming the phone were not as described etc and get partial refunds etc.
So I video'd in HD, one showing the phone off as perfect and working, one of it being packed, and another of it all taped up and with the correct address on, uploaded to YouTube and private links, as if I did this with everyone I sold to on eBay.
lo and behold, he got the phone and never left any feedback, think I ruined his plan.
With your recent letter the sensible thing would be for the buyer to accept defeat but think he will write to you again for one last try as he probably does not think you have a Barrister advising you and you have been googling the legal pages.My guess is he will ask you for £3750 to take the car back.
OP great thread and I am sure all posters wish you all the best and well done to Breadvan72,you are a real gent.
OP great thread and I am sure all posters wish you all the best and well done to Breadvan72,you are a real gent.
The Spruce goose said:
I like the letter. The pièce de résistance would have been to highlight the 'motorsport racing' career(I think that is correct, confirmed earlier in the thread), but understand it would just be petty thing to do and have no legal merit.
I would dread to think about how many other suckers he has done this to, and got away with it.
The pièce de résistance I was secretly hoping for, would have been for Breadvan to unassumingly incorporate the words 'spunk' and 'trumpet' in the response I would dread to think about how many other suckers he has done this to, and got away with it.
but then that's probably why he is a barrister and I'm not.The Spruce goose said:
I like the letter. The pièce de résistance would have been to highlight the 'motorsport racing' career
No, I'd be keeping that up my sleeve for any day in court, where I would mention how strange I found it that someone with a motor sport history has no knowledge of motor cars...theboss said:
The pièce de résistance I was secretly hoping for, would have been for Breadvan to unassumingly incorporate the words 'spunk' and 'trumpet' in the response but then that's probably why he is a barrister and I'm not.
Any further response should have this but in latin to make it look proper legal, FoTL style. but then that's probably why he is a barrister and I'm not.BV - Respect for you for helping the OP out on this.
Starfighter said:
Any further response should have this but in latin to make it look proper legal, FoTL style.
BV - Respect for you for helping the OP out on this.
"coleos et tuba" Does sound good in latin doesn't it! LOL!BV - Respect for you for helping the OP out on this.
And further respect from me to BV too! We need more people like BV!!
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