Sold a car privately - COURT ACTION

Sold a car privately - COURT ACTION

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eltax91

9,883 posts

206 months

Tuesday 22nd August 2017
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Markbarry1977 said:
Bloody awesome news. Top result. I hope the silly bint is feeling like she's been fked over good and proper now her plan to scam someone has backfired.

I'd be having an ice cold beer right about now to celebrate.

Again well done OP.
She will be. She's reading this very thread now.

Dear bint

fk right off you piece of scamming scum

Yours

Eltax

ChocolateFrog

25,410 posts

173 months

Tuesday 22nd August 2017
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Justice.

Good to see the system working, although I'm sure the aggro wasn't worth it.

Makes me wonder if she's scammed people this way before and got away with it.

Bennet

2,122 posts

131 months

Tuesday 22nd August 2017
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It seems very unlikely to me this was a pre-planned scam. It's a very long winded and uncertain means of scamming someone.
Far more likely this is someone with an unhinged perception of reality who feels genuinely hard done by in the circumstances.

Vaud

50,541 posts

155 months

Tuesday 22nd August 2017
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Bennet said:
It seems very unlikely to me this was a pre-planned scam. It's a very long winded and uncertain means of scamming someone.
Far more likely this is someone with an unhinged perception of reality who feels genuinely hard done by in the circumstances.
Or being pragmatic... just ill informed as to their rights... and then badly advised as to what those rights might be, and how redress might be sought... The unhinged is more from the advisor than anything, especially if they are also the one who bought the car without doing their due diligence.

Backtobasics

1,182 posts

183 months

Tuesday 22nd August 2017
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Good news OP. Unbelievable DPA challenge. As the judge says the technical nature to prove anything pertaining to DPA would take some work!

Bonefish Blues

26,768 posts

223 months

Tuesday 22nd August 2017
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ChocolateFrog said:
Makes me wonder if she's scammed people this way before and got away with it.
I understand that the Pope may practice Catholicism...

Efbe

9,251 posts

166 months

Tuesday 22nd August 2017
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As part of the small claims route, do the claims not get checked before they get to court?

Tyre Tread

10,535 posts

216 months

Tuesday 22nd August 2017
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muussaah said:
So chaps, ITS THE OP!!!

I went in, literally there for 10 minutes and case dismissed!!!! Walked out relieved!

I didnt even get to have a say as the judge focused on the simple fact that she had no contract of law, she gave a letter to the judge which read the money was hers and thats why she was claiming it back however the judge stated the actual buyer is not in court so "I simply don't know what your doing here" and on that basis its dismissed. The ACTUAL claimant is welcome to reapply however judge didn't think it was best as he wasn't present to show any interest attending court to begin with.

She then argued and said she wants him to look into breach of data protection? Judge stated, its very technical and although she can take some course of action its not something which he would recommend due to being too technical and dropped that side of the claim too. Now I assume she's seen this post but looking back I haven't breached any of this anyway, name etc is data protection surely as it was to see her history with the courts etc.

I counter claimed for 2 days off work and judge rewarded 2hrs pay (for hearing only) so £20, paid for my parking biggrin

Case aside, I would like to thank you all for your support and helping me remain calm throughout. Of course will share my experiences with others going through a similar phase as I know how stressful it can be... Respect to all of you!!
Hate to say I told you so...

Hope they don't reissue in the buyer's name ...

Hoofy

76,373 posts

282 months

Tuesday 22nd August 2017
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The counterclaim was the icing on the cake. biggrin

What on earth is she claiming a DPA breach for? Did she just hear about the DPA in her sleep or something?

muussaah

Original Poster:

64 posts

82 months

Tuesday 22nd August 2017
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Centurion07 said:
Couple of questions...

1. What was the breach of the DPA about?

2. There COULD possibly be a case to answer if the actual buyer can be arsed to go through with it all...?
She claims that I have let her name out on this thread and email address which I have gone back on and cant see anything specific apart from her name however I have today spoken with CAB and they have told me there is nothing to worry about as its open information plus it was done with the intention of finding out whether she had any previous history such cases.

When the judge asked me for the counter claim and I was awarded the £20 I did say I will happily drop the £20 if shes forgets this whole thing and then she intervened stating I have disclosed her email and name etc to which then the judge told her to be quiet as I was being helpful and she needs to hear me out, that in itself was VERY satisfying!
If she takes me to court again for DPA then so be it, the stage fright I had has now gone and will be confident from here on, for those of you asking the fees are as follows:-

£70 to apply for a case
£170 for hearing
£130 garage invoice payment
£20 loss of earnings

BobSaunders

3,033 posts

155 months

Tuesday 22nd August 2017
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Tyre Tread said:
muussaah said:
So chaps, ITS THE OP!!!

I went in, literally there for 10 minutes and case dismissed!!!! Walked out relieved!

I didnt even get to have a say as the judge focused on the simple fact that she had no contract of law, she gave a letter to the judge which read the money was hers and thats why she was claiming it back however the judge stated the actual buyer is not in court so "I simply don't know what your doing here" and on that basis its dismissed. The ACTUAL claimant is welcome to reapply however judge didn't think it was best as he wasn't present to show any interest attending court to begin with.

She then argued and said she wants him to look into breach of data protection? Judge stated, its very technical and although she can take some course of action its not something which he would recommend due to being too technical and dropped that side of the claim too. Now I assume she's seen this post but looking back I haven't breached any of this anyway, name etc is data protection surely as it was to see her history with the courts etc.

I counter claimed for 2 days off work and judge rewarded 2hrs pay (for hearing only) so £20, paid for my parking biggrin

Case aside, I would like to thank you all for your support and helping me remain calm throughout. Of course will share my experiences with others going through a similar phase as I know how stressful it can be... Respect to all of you!!
Hate to say I told you so...

Hope they don't reissue in the buyer's name ...
OP - please tell me she went ape st and threw tables and chairs everywhere?

Was the car parked outside the court?

muussaah

Original Poster:

64 posts

82 months

Tuesday 22nd August 2017
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BobSaunders said:
OP - please tell me she went ape st and threw tables and chairs everywhere?

Was the car parked outside the court?
She wanted to but her mother kept telling her to remain calm! no, I got a lift from a friend.

muussaah

Original Poster:

64 posts

82 months

Tuesday 22nd August 2017
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Du1point8 said:
Did I win?
Your post was one of many I remember and its pretty much what took place! beer

godskitchen

131 posts

147 months

Tuesday 22nd August 2017
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Excellent result OP.

Fair play to you for sticking to your principles and not caving like many on here would have.

There were a few of us who called the outcome well in advance and you clearly took our advice on board.

As for the rest of you who said it could go either way and were nit picking or splitting hairs , I really hope none of you ever come up against anything remotely mentally or emotionally taxing in your lives. There was some truly shocking advice handed out here.

The people that suggested mediation, Jesus wept!

Having had my little Alan Partridge moment and with all that said, there is a possibility that the bad advice was planted by the claimant, if as it turns out he or she was reading this forum. I honestly think that's giving them too much credit however and it is just a case of some of the users here being idiots.

Well done again OP, you have given us concrete proof (as far as one can) of a seller winning in court, something that the "oh be careful" merchants can not provide for a seller losing.

CoolHands

18,658 posts

195 months

Tuesday 22nd August 2017
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muussaah said:
£70 to apply for a case
£170 for hearing
£130 garage invoice payment
£20 loss of earnings
Beauty! It's cost her nearly 400 smackers!

carl_w

9,188 posts

258 months

Tuesday 22nd August 2017
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Backtobasics said:
Good news OP. Unbelievable DPA challenge. As the judge says the technical nature to prove anything pertaining to DPA would take some work!
Presumably if she issues one it will be based on similar Google'd "facts" to the ones she used in this case.

Red Devil

13,060 posts

208 months

Tuesday 22nd August 2017
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Proverbs 21:20 KJV. biggrin (Substitute woman for man).

adh

4 posts

229 months

Tuesday 22nd August 2017
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Having come out of a deep stasis hibernation, I would like to ask OP upon finally meeting his litigant in person, would he take her on a date up the OXO Tower? I don't think the £20 would get you much beyond an amuse-bouche. But it's best to be civil and let bygones be bygones in matters like civil litigation.

tumble dryer

2,017 posts

127 months

Tuesday 22nd August 2017
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adh said:
Having come out of a deep stasis hibernation, I would like to ask OP upon finally meeting his litigant in person, would he take her on a date up the OXO Tower? I don't think the £20 would get you much beyond an amuse-bouche. But it's best to be civil and let bygones be bygones in matters like civil litigation.
Lol'd, and then looked at the poster.

Where the fook have you been hiding...?? clap

smile

Gareth79

7,672 posts

246 months

Tuesday 22nd August 2017
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Is there any basis of her "data protection" complaint? I can't see any problem with announcing publicly that a person is suing you (if that is your decision) - the entire hearing will be public anyway, and often end up in the paper!
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