Being sued over a car I sold :(
Discussion
james_tigerwoods said:
I wonder if you'll see something like this:
That's my guess.... "I'm a reasonable guy and sure you don't want the legal action hanging over you and your family through Christmas. I've been advised that my costs and damages could exceed £10000. Willing to settle, etc..." etcLetter said:
Dear OP,
I'm selling the car at a £1k loss - Why don't we come to an agreement, before Christmas, to close this matter before we go to court with you just paying the £1k loss that I will incur?
Thanks
Crazy guy
I'm selling the car at a £1k loss - Why don't we come to an agreement, before Christmas, to close this matter before we go to court with you just paying the £1k loss that I will incur?
Thanks
Crazy guy
Don't hold you breath OP - If he goes to Solicitors then they can take a while doing a letter. Having said that, hes a chancer and as you say has f
k all else to do all day but fantasize that he is correct.
I haven't picked it up but did you withdraw your offer to buy it back? It may be important to do so in order that he knows its all ended from your side otherwise it may (wrongly) be regarded as an admission of some sort.
People like that really do need to know they are a waste of space. The disabled card, the hospital stuff (which buys him time) are all irrelevant but he naively thinks that they count for his case.
I've had a few run-ins and dealings with idiot people who think they are lawyers - they just carry on in the same fashion with a number of disputes at any one time and occasionally get their own way (ie someone throws in the towel when they cant be arsed any more). The last one was a property dispute where the 'solicitor' of the aggrieved party turned up and was wearing shoes and trousers that looked like he'd climbed a mountain in them and gave his email address as @madasafish.com - turned out he was just a mate of his 'client'. When we pointed out the next day to his 'client' that it's an offence to impersonate a solicitor mr madasafish disappeared.
k all else to do all day but fantasize that he is correct. I haven't picked it up but did you withdraw your offer to buy it back? It may be important to do so in order that he knows its all ended from your side otherwise it may (wrongly) be regarded as an admission of some sort.
People like that really do need to know they are a waste of space. The disabled card, the hospital stuff (which buys him time) are all irrelevant but he naively thinks that they count for his case.
I've had a few run-ins and dealings with idiot people who think they are lawyers - they just carry on in the same fashion with a number of disputes at any one time and occasionally get their own way (ie someone throws in the towel when they cant be arsed any more). The last one was a property dispute where the 'solicitor' of the aggrieved party turned up and was wearing shoes and trousers that looked like he'd climbed a mountain in them and gave his email address as @madasafish.com - turned out he was just a mate of his 'client'. When we pointed out the next day to his 'client' that it's an offence to impersonate a solicitor mr madasafish disappeared.
V6Pushfit said:
Don't hold you breath OP - If he goes to Solicitors then they can take a while doing a letter. Having said that, hes a chancer and as you say has fk all else to do all day but fantasize that he is correct.
I haven't picked it up but did you withdraw your offer to buy it back? It may be important to do so in order that he knows its all ended from your side otherwise it may (wrongly) be regarded as an admission of some sort.
People like that really do need to know they are a waste of space. The disabled card, the hospital stuff (which buys him time) are all irrelevant but he naively thinks that they count for his case.
I've had a few run-ins and dealings with idiot people who think they are lawyers - they just carry on in the same fashion with a number of disputes at any one time and occasionally get their own way (ie someone throws in the towel when they cant be arsed any more). The last one was a property dispute where the 'solicitor' of the aggrieved party turned up and was wearing shoes and trousers that looked like he'd climbed a mountain in them and gave his email address as @madasafish.com - turned out he was just a mate of his 'client'. When we pointed out the next day to his 'client' that it's an offence to impersonate a solicitor mr madasafish disappeared.
If you take a look at the OPs last letter, he makes it crystal clear he considers the matter closed. The buyer rejected his offer in his response prior so it's off the table. If one makes an offer that is rejected then there is no offer hanging in limbo to be taken up at a later date.k all else to do all day but fantasize that he is correct. I haven't picked it up but did you withdraw your offer to buy it back? It may be important to do so in order that he knows its all ended from your side otherwise it may (wrongly) be regarded as an admission of some sort.
People like that really do need to know they are a waste of space. The disabled card, the hospital stuff (which buys him time) are all irrelevant but he naively thinks that they count for his case.
I've had a few run-ins and dealings with idiot people who think they are lawyers - they just carry on in the same fashion with a number of disputes at any one time and occasionally get their own way (ie someone throws in the towel when they cant be arsed any more). The last one was a property dispute where the 'solicitor' of the aggrieved party turned up and was wearing shoes and trousers that looked like he'd climbed a mountain in them and gave his email address as @madasafish.com - turned out he was just a mate of his 'client'. When we pointed out the next day to his 'client' that it's an offence to impersonate a solicitor mr madasafish disappeared.
Burwood said:
If you take a look at the OPs last letter, he makes it crystal clear he considers the matter closed. The buyer rejected his offer in his response prior so it's off the table. If one makes an offer that is rejected then there is no offer hanging in limbo to be taken up at a later date.
Hence the content of my reply. However refusing an offer by one party does not constitute the withdrawal of the offer by the other, aslo one party can 'consider the matter closed' but its not unless the other party agrees. Marcellus said:
My guess is that the OP will get another approach along the lines of; "..............now I'm out of hospital after life threatening surgery and had this major worry on my mind which has slowed my recuperation my requirement for compensation has increased.................."
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
tV6Pushfit 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 ct
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
tV6Pushfit said:
Burwood said:
If you take a look at the OPs last letter, he makes it crystal clear he considers the matter closed. The buyer rejected his offer in his response prior so it's off the table. If one makes an offer that is rejected then there is no offer hanging in limbo to be taken up at a later date.
Hence the content of my reply. However refusing an offer by one party does not constitute the withdrawal of the offer by the other, aslo one party can 'consider the matter closed' but its not unless the other party agrees. 'if you change the offer in any way, this is a counter-offer that kills the original offer and the original offer cannot be accepted at a future time: Hyde v. Wrench (1840) 3 Beav 334.
QuattroDave said:
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!)
Yes, a letter like I suggest will make him feel vulnerable. He'll go away then. Unless of course he's on PH and can prep for a response...
V6Pushfit said:
QuattroDave said:
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!)
Yes, a letter like I suggest will make him feel vulnerable. He'll go away then. Unless of course he's on PH and can prep for a response...
As he's already had advice from a proper lawyer, I'm not sure you're adding anything worthwhile.
REALIST123 said:
As he's already had advice from a proper lawyer, I'm not sure you're adding anything worthwhile.
Edited by V6Pushfit on Tuesday 8th December 13:47
Burwood said:
V6Pushfit said:
Burwood said:
If you take a look at the OPs last letter, he makes it crystal clear he considers the matter closed. The buyer rejected his offer in his response prior so it's off the table. If one makes an offer that is rejected then there is no offer hanging in limbo to be taken up at a later date.
Hence the content of my reply. However refusing an offer by one party does not constitute the withdrawal of the offer by the other, aslo one party can 'consider the matter closed' but its not unless the other party agrees. 'if you change the offer in any way, this is a counter-offer that kills the original offer and the original offer cannot be accepted at a future time: Hyde v. Wrench (1840) 3 Beav 334.
If the buyer had been silent about the offer then it could be argued is still on the table. However, as soon as the buyer made a counter offer, that is rejection of the original offer.
PorkInsider said:
QuattroDave said:
Well I wouldn't put it past him to have another go! In the mean time I am looking on gumtree, autotrader & ebay to see if he's listing the car!
If you do find it listed, I'm guessing you're not going to arrange a viewing and make him a really naughty offer for it?
Where do I send my £20?
theboss said:
Buy it by proxy - we can club together and buy it collectively, then engage BV72 to bombarde the guy with letters after we've received BMW franchised dealer quotes for replacing every single part on the car, whilst fitting the term 'spunktrumpet' into every sentence.
Where do I send my £20?
I'm in. Where do I send my £20?
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