Oh FFS! Buyer of my car issued court summons!
Discussion
Ony skimmed this so sorry if it's been posted. But on the warped discs that the 'Audi specialist' apparently found, when you drove the car you would know if the discs were warped every time you needed to break. You'd feel it.
I've been in situations with taking a car to Audi dealers where they've found my tyres needed replacing due to low tread (were new a month previous and had done about 250 miles) the discs were badly corroded and needed replacing (surface rust in the ventillation slot) Chances are the specialist made some of these up anyway.
I've been in situations with taking a car to Audi dealers where they've found my tyres needed replacing due to low tread (were new a month previous and had done about 250 miles) the discs were badly corroded and needed replacing (surface rust in the ventillation slot) Chances are the specialist made some of these up anyway.
R300will said:
I've been in situations with taking a car to Audi dealers where they've found my tyres needed replacing due to low tread (were new a month previous and had done about 250 miles)
I've had a Renault dealer tell me that my spare tyre was in good condition. My Clio Cup had tyre foam.Steve
VX Foxy said:
CampDavid said:
VX Foxy said:
I thought the spare didn't need to be legal...
It does need to be legal. Your car will pass with no spare but fail with a bald one
ks, particularly the tosh about 'delivery'. Tyres are something he should blatantly have seen and the rest... Well, if he wants to pay a specialist for unnecessary work...This gives me the fear! Delivering my car to the buyer tomorrow...He seems like a down to earth chap though, not a palm licking mouth breathing dribbler like the guy the OP had the misfortune to deal with.
I try not to use any 'opinion' in my adverts: Phrases like 'excellent condition' 'immaculate' etc can be subjective and mean different things to different people. Just take nice representative pictures of the car when clean and tidy, and state the facts in the ad. The facts sell the car, not my opinion that it's a mint example in tip top condition with an unblemished interior....
Then the buyer can come and see it and decide on value.
FFS, I generally spend a grand or so bringing my cars up to scratch in the first few months of ownership - new brakes, tyres, suspension components and a service if warranted.
I bought my subaru and the dealer blatantly mirepresented a glaring fault - the rear shocks were knackered and knocking and he'd left the tyre iron in the wheel well and made a point of mentioning his 'mistake' on the test drive - which he kept very short.
And like a mug I swallowed it and bought the car!
I found out then what a dealers warranty is worth. Dampers are consumables and not covered, I got £160 out of them in the end for parts but rectifying the problem cost me in the order of £800. (4x new shocks and springs + fitting)
So where does a buyer get off trying to screw £2,500 out of a private seller!?
Tell him to do one!
I try not to use any 'opinion' in my adverts: Phrases like 'excellent condition' 'immaculate' etc can be subjective and mean different things to different people. Just take nice representative pictures of the car when clean and tidy, and state the facts in the ad. The facts sell the car, not my opinion that it's a mint example in tip top condition with an unblemished interior....
Then the buyer can come and see it and decide on value.
FFS, I generally spend a grand or so bringing my cars up to scratch in the first few months of ownership - new brakes, tyres, suspension components and a service if warranted.
I bought my subaru and the dealer blatantly mirepresented a glaring fault - the rear shocks were knackered and knocking and he'd left the tyre iron in the wheel well and made a point of mentioning his 'mistake' on the test drive - which he kept very short.
And like a mug I swallowed it and bought the car!
I found out then what a dealers warranty is worth. Dampers are consumables and not covered, I got £160 out of them in the end for parts but rectifying the problem cost me in the order of £800. (4x new shocks and springs + fitting)
So where does a buyer get off trying to screw £2,500 out of a private seller!?
Tell him to do one!
Soovy said:
What a stroker the buyer is.
Are you London ish? If so I'll happily pitch up at court and tear him a new one. We can sell tickets.
Sorry; have spent a day in airports / meetings and arrived late.Are you London ish? If so I'll happily pitch up at court and tear him a new one. We can sell tickets.
If tickets are going for this one, can you sign me up for a couple. It's *not* going to go his (by "his," I mean the purchasing cocksocket) way. I would be overjoyed to pay to watch this one!
Fer said:
VX Foxy said:
CampDavid said:
VX Foxy said:
I thought the spare didn't need to be legal...
It does need to be legal. Your car will pass with no spare but fail with a bald oneCampDavid said:
It does need to be legal. Your car will pass with no spare but fail with a bald one
Simply not true.The spare wheel and tyre are not part of an MOT test. You cannot fail due to the state of the spare, except possibly if it is insufficiently secured to the vehicle and could fall off.
[Edited to be slightly less prickly.]
Edited by Dr Mike Oxgreen on Thursday 20th September 09:16
Ok well a misrepresentation must be a fact not an opinion for starters. Excellent condition for year is not a fact it is your opinion. It is also sales puff not a statement intended to be a term of a contract.
Thereafter he does not mention that he inspected the vehicle or undertook a test drive i.e. options where any such alleged defects would arise, a matter which undermines his claim significantly - he can not claim to have reasonably relied upon "excellent condition for year" to the extent that he was induced by it to enter into a contract when he has inspected the car and had the opportunity to test drive it. If he'd bought it unseen/over the phone that would be different. He does not claim that you hid the tyres or brakes from him at all, nor that you refused to allow him to inspect the spare tyre..
Thereafter he does not mention that he inspected the vehicle or undertook a test drive i.e. options where any such alleged defects would arise, a matter which undermines his claim significantly - he can not claim to have reasonably relied upon "excellent condition for year" to the extent that he was induced by it to enter into a contract when he has inspected the car and had the opportunity to test drive it. If he'd bought it unseen/over the phone that would be different. He does not claim that you hid the tyres or brakes from him at all, nor that you refused to allow him to inspect the spare tyre..
A couple of points -
1. Sorry to be a party pooper but if the claimant finds evidence of this thread and uses it in the court hearing, I dont think it will help the OP's case much - especially with the derogatory terms used by several other posters to describe the claimant (even though they were deserved!). At the very least it would put the OP in a bit of a bad light. Personally with a legal matter i'd be looking to be a touch more circumspect about who/where I discussed it.
2. OP - if you're the member of a breakdown organisation like the AA etc they often provide free motoring legal advice in certain situations. Admittedly, my understanding is based on when I was an AA employee donkey's years ago when they were a mutual, but its still probably worth looking in to. They may have a hotline.
Good luck chap, sounds like you've got better things to worry about than this nonsense.
1. Sorry to be a party pooper but if the claimant finds evidence of this thread and uses it in the court hearing, I dont think it will help the OP's case much - especially with the derogatory terms used by several other posters to describe the claimant (even though they were deserved!). At the very least it would put the OP in a bit of a bad light. Personally with a legal matter i'd be looking to be a touch more circumspect about who/where I discussed it.
2. OP - if you're the member of a breakdown organisation like the AA etc they often provide free motoring legal advice in certain situations. Admittedly, my understanding is based on when I was an AA employee donkey's years ago when they were a mutual, but its still probably worth looking in to. They may have a hotline.
Good luck chap, sounds like you've got better things to worry about than this nonsense.
kpb said:
A couple of points -
1. Sorry to be a party pooper but if the claimant finds evidence of this thread and uses it in the court hearing, I dont think it will help the OP's case much - especially with the derogatory terms used by several other posters to describe the claimant (even though they were deserved!). At the very least it would put the OP in a bit of a bad light. Personally with a legal matter i'd be looking to be a touch more circumspect about who/where I discussed it.
2. OP - if you're the member of a breakdown organisation like the AA etc they often provide free motoring legal advice in certain situations. Admittedly, my understanding is based on when I was an AA employee donkey's years ago when they were a mutual, but its still probably worth looking in to. They may have a hotline.
Good luck chap, sounds like you've got better things to worry about than this nonsense.
A couple of points - 1. Sorry to be a party pooper but if the claimant finds evidence of this thread and uses it in the court hearing, I dont think it will help the OP's case much - especially with the derogatory terms used by several other posters to describe the claimant (even though they were deserved!). At the very least it would put the OP in a bit of a bad light. Personally with a legal matter i'd be looking to be a touch more circumspect about who/where I discussed it.
2. OP - if you're the member of a breakdown organisation like the AA etc they often provide free motoring legal advice in certain situations. Admittedly, my understanding is based on when I was an AA employee donkey's years ago when they were a mutual, but its still probably worth looking in to. They may have a hotline.
Good luck chap, sounds like you've got better things to worry about than this nonsense.
The OP hasn't been derogatory about the claimant at all. The opinion of a few random people on an internet forum is of no consequence.
The claim is entirely frivolous, and would likely be disallowed before even going near a court once a real judge sees it. I'm guessing this is perhaps an Online Moneyclaim?
The case is entirely cut and dried as far as I can determine. It has no merit.
Rollcage said:
A couple of points -
The OP hasn't been derogatory about the claimant at all. The opinion of a few random people on an internet forum is of no consequence.
I know it'll have little bearing on the outcome but it could put the OP in an embarrassing situation which he may regret if it is brought up in court. Its a small risk but I suspect the claimant waving printouts of him being called a 'w--nker' and a 'c-cks-cket' by third parties over this matter is hardly going to help the OPs situation. I was just trying to alert him to this possiblity.The OP hasn't been derogatory about the claimant at all. The opinion of a few random people on an internet forum is of no consequence.
kpb said:
I know it'll have little bearing on the outcome but it could put the OP in an embarrassing situation which he may regret if it is brought up in court. Its a small risk but I suspect the claimant waving printouts of him being called a 'w--nker' and a 'c-cks-cket' by third parties over this matter is hardly going to help the OPs situation. I was just trying to alert him to this possiblity.
Even were the remote possibility of what you suggest to come to fruition, judges do not live in a bubble and don't expect people to act with divinity.kpb said:
2. OP - if you're the member of a breakdown organisation like the AA etc they often provide free motoring legal advice in certain situations. Admittedly, my understanding is based on when I was an AA employee donkey's years ago when they were a mutual, but its still probably worth looking in to. They may have a hotline.
.
I think that area of AA service has now ceased to be..
kpb said:
A couple of points -
1. Sorry to be a party pooper but if the claimant finds evidence of this thread and uses it in the court hearing, I dont think it will help the OP's case much - especially with the derogatory terms used by several other posters to describe the claimant (even though they were deserved!). At the very least it would put the OP in a bit of a bad light. Personally with a legal matter i'd be looking to be a touch more circumspect about who/where I discussed it.
I'm imagining it now:1. Sorry to be a party pooper but if the claimant finds evidence of this thread and uses it in the court hearing, I dont think it will help the OP's case much - especially with the derogatory terms used by several other posters to describe the claimant (even though they were deserved!). At the very least it would put the OP in a bit of a bad light. Personally with a legal matter i'd be looking to be a touch more circumspect about who/where I discussed it.
"Your Honour, I realise that in law my Claim is entirely deficient, but, I have with me a printout of something on the internet which although it is not stated, I believe it about me. On it, a number of people including serving solicitors and barristers called me a number of horrible things including 'Weapons Grade Cock-End'
The fact that a random anonymous person on the internet has spoken about someone who he does not know will have no bearing on the case whatsoever.
However, if the Claimant beats the odds somehow and finds this thread, it will actually be a good thing. Either the buyer is an out and out scammer, or, as I believe is most likely he genuinely believes he is in the right, possibly egged on by the service department of the dealership who wanted the work.
As such, and considering that a good dozen posters including solicitors and barristers have said that he doesn't have a case, it may cause him to reconsider and save everyone some time.
For future reference, it is best not to say anything about the condition of the car (eg "excellent condition"), to avoid claims for misrepresentation. Just state mileage and service history etc. Reciting the service history will be more impressive to most buyers than any boast by a proud owner as to the "excellence" of his vehicle, and leaves no hostages to fortune (provided you don't fib).
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