Legal Advice Sought on a Private Sale

[3sgte_power]

Hey,

i really don't visit here often, but thought i'd post here nevertheless.

I sold a car last year via an internet forum. It was a private sale. The chap come and paid cash and he drove the car away, happy as larry. The person i sold it to was a trader.

Last November he began small claims court proceedings to recoup potentially the full amount of the car (almost 10k). In short he said, the turbo blew up and destroyed the engine and thats what its going to cost to repair everything.

Obviously, i sold the car knowing full well the car was in perfect condition (i would never sell a duff car intentionally) and i honestly believe the trader i sold it to is simply a scammer trying to recoup whatever he can.

My questions are, has anyone here been in a similar situation who can hopefully pass on any tips?

Does anyone know of a good solicitor around the Midlands area (i am in Coventry) that could look over my case for me? Anyone on here?

I've had bad experiences with solicitors in the past and really looking for someone who specializes in this area or similar.

Thanks,

Matty

[Eski1991]

http://www.which.co.uk/cars/choosing-a-car/selling...

You're fine.

Although - How can you claim in small claims for 10k?

Edited by Eski1991 on Tuesday 10th May 19:03

[3sgte_power]

No idea...am assuming you can because its definitely going that way

[Vaud]

Eski1991 said:

http://www.which.co.uk/cars/choosing-a-car/selling...

You're fine.

Although - How can you claim in small claims for 10k?

Edited by Eski1991 on Tuesday 10th May 19:03

That's the new limit, I forget when it changed.

https://www.citizensadvice.org.uk/law-and-rights/l...

[Roo]

1. Private sale.
2. He's a trader and deemed to be the expert.

It won't get anywhere at court.

[onedsla]

There's a good chance that the dealer is making idle legal threats to pressure you into handing over some money. Have you received any court paperwork up to this point?

How long after buying the car were you first contacted? How did you respond (if at all)?

The strength of his claim (if any) is determined by the facts of your particular case, though in general when purchasing a second hand vehicle from a member of the public, it is for the buyer to undertake checks (e.g. RAC inspection, test drive etc) prior to buying rather than relying on your opinion of vehicle condition.

[Vaud]

onedsla said:

There's a good chance that the dealer is making idle legal threats to pressure you into handing over some money. Have you received any court paperwork up to this point?

How long after buying the car were you first contacted? How did you respond (if at all)?

The strength of his claim (if any) is determined by the facts of your particular case, though in general when purchasing a second hand vehicle from a member of the public, it is for the buyer to undertake checks (e.g. RAC inspection, test drive etc) prior to buying rather than relying on your opinion of vehicle condition.

Plus the buying trader would be deemed to be the greater expert.

Unless the description was materially misleading then he is just chancing his arm.

[johnfm]

Roo said:

1. Private sale.
2. He's a trader and deemed to be the expert.

It won't get anywhere at court.

Unless the seller made representations about the car that were intentionally or negligently false and the buyer relied on these representations when he agreed to enter the contract..

It all depends on what the buyer's claim is based upon.

Apart from that, your legal summary above was amazing!

[JustinP1]

3sgte_power said:

My questions are, has anyone here been in a similar situation who can hopefully pass on any tips?

Does anyone know of a good solicitor around the Midlands area (i am in Coventry) that could look over my case for me? Anyone on here?

I've had bad experiences with solicitors in the past and really looking for someone who specializes in this area or similar.

How you proceed entirely depends on the nature of his claim, and the defence you have filed.

On the face of it, the buyer has two hopes, one being Bob. However, as John has said above it entirely depends on the nature of the case.

A solicitor will charge a few hundred quid to look over your case. However, it may be prudent, depending on your defence as filed to look to make it more robust by amending it.

I've used Martin Kaye in Telford, and I'd recommend them. This is basic contract law stuff, however, it helps if the person representing you deals with litigation day in day out as appose to a town-centre solicitor who will deal with everything broadly.