Sold a car privately - COURT ACTION

Sold a car privately - COURT ACTION

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tonys

1,080 posts

224 months

Tuesday 13th June 2017
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OP, are you satisfied that the 'court papers' are genuine? Have you confirmed the fact with the court or, if not, have you verified it by some other means?

It's possible for people to 'create' official-looking documents. They might do this for any number of reasons, from practical jokes or perhaps with a view to trying to reach an 'out of court settlement'. In my opinion, it won't go anywhere.

Hatson

2,034 posts

123 months

Tuesday 13th June 2017
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If the car has done 4000 miles since sold the court (judge as arbitrator if it's small claims court) for all intents and purposes won't consider it to be the same car you sold them. Enjoy the day and ask for expenses.

996TT02

3,308 posts

141 months

Tuesday 13th June 2017
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Sounds very dodgy. Crooks buy a car from the most honest, upright and perhaps timid looking person they can. Use it for a month, racking up extreme mileages, perhaps even using it overseas. Then claim that it is faulty, backed up by fake paperwork including "court" documents, to intimidate seller, in the hope that they would have "rented" a car for free...

Just tell them to F.O. and do their worst.

MethylatedSpirit

1,902 posts

137 months

Tuesday 13th June 2017
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Write to DVLA asking them to provide written confirmation of who you transferred the V5c to. Provide a short explanation of why you are requesting this information, and maybe some proof (photocopy).

They will reply within 2 weeks.

If the court date is in the next few weeks, write to them asking for an extension; citing your reason as waiting for evidence.

You will have more physical evidence for the court this way.

DrDeAtH

3,588 posts

233 months

Tuesday 13th June 2017
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1000 miles a week! Sounds like it's been used as a minicab...

carl_w

9,191 posts

259 months

Tuesday 13th June 2017
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tonys said:
It's possible for people to 'create' official-looking documents. They might do this for any number of reasons, from practical jokes or perhaps with a view to trying to reach an 'out of court settlement'. In my opinion, it won't go anywhere.
Not sure if it's still possible but it used to be a standard debt chasing trick to get the court form, fill it in then photocopy it and send it to the debtor without ever filing it with the court. Obviously working on the basis that seeing the filled-in form would frighten them into paying up.

FastMat

116 posts

86 months

Tuesday 13th June 2017
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I'm going through something very similar right now just received claim from court ...

Apparently the service bill claim CANNOT be greater than the amount you sold it for ..

muussaah

Original Poster:

64 posts

83 months

Friday 28th July 2017
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Andehh said:
IANAL but what he put on the advert is irrelevant, unless he stated explicitly '' I guarantee this car will not let you down at all in the next few months''. All of the above may be well & true on the Friday, but by the Monday all instantly become moot points?



OP - do not loose sleep over this. Get all your paperwork & evidence in order, which by the sounds of it you already have, and respond as & when you have to and just laugh her out of court. She doesn't have a hope in hell of winning this one, not a single bit of the situation swings anything in her favor?

Even TRYING to understand her point of view / plays devil's advocate I can't see what she hopes to achieve!? 4,000 miles in 1 month for a 15 year old / 134k car is very very good going!!!


As for the interest, you can claim around 8%, which by my crude reckoning is around 45p a day. £30!? fk off.

https://www.gov.uk/make-court-claim-for-money/work...

edit: And please please don't leave us hanging here, keep us updated throughout!


Edited by Andehh on Thursday 8th June 15:09
Hi everyone, first things first I'd like to thank everyone for your help so far... so its still going ahead, court date is on the 21st in Bristol County Court (for those of you up for coming along rolleyes ) so long as she pays the hearing fee otherwsie it will be struck out, thanks everyone, I appreciate your in depth input, I have just left it aside and am awaiting confirmation of this hearing from the courts

Andeh - thats exactly what I was thinking, the interest she has put down is crazy!

fivepointnine - this buyer obviously had high expectations of a used car and wasn't the confrontational type and was very vague in his replies but I was just selling a car not making friends :L

E36GUY - I have asked the court to strike the case out however they simply don't do this, I think its after the hearing etc is all paid for the judge looks at the case before the hearing and strikes it out

Yipper - of course it matched the description hence hwy it was sold to the buyer, I then heard nothing until 4 weeks & 4000 miles later when she sent me a letter from her garage to confirm the work etc

The paperwork is all genuine, I have case numbers etc which I have confirmed with moneyclaimonlnine


Edited by muussaah on Friday 28th July 15:00

bmw320ci

595 posts

227 months

Friday 28th July 2017
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I thought it went to mediation before it went to a full blown hearing. and in theory you didnt need to attend that not unless you can prove points she would lie about which cant be backed up with evidence you have provided.

The car is a Cat D too, which you have mentioned.

I would have paid £200 to a solicitor just for peace of mind.

BTW what was her name? you can tell a lot from what someones name is? I suggest you google the court listings to see if she has done this before.

Christmassss

650 posts

90 months

Friday 28th July 2017
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If i am on Paternity leave, i am going to come down for this. I'm only up the road!

If it gets as far as you both sitting in front of the judge, he should just laugh at the claimant.


bmw320ci

595 posts

227 months

Friday 28th July 2017
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yep they will laugh and tell them to get a life and grow a few

silverfoxcc

7,690 posts

146 months

Friday 28th July 2017
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I really fancy having a look at SS Great Britain that day.

bmw320ci

595 posts

227 months

Friday 28th July 2017
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silverfoxcc said:
I really fancy having a look at SS Great Britain that day.
one of the VLOGGERS could make a great click bait video from this thread

"Sold the daily, new owner wants a refund!!!"

Tim-D

528 posts

223 months

Friday 28th July 2017
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I'm 200 yards away from the court. .keep this updated op....should be a very entertaining 2 minutes. She hasn't a leg to stand on 😁

Hudson

1,857 posts

188 months

Friday 28th July 2017
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Every time one of these threads pops up the OP ends up paying them the money or somehow giving in, everyone goes home disapointed and the fking chancer does it again to someone else.

Please tear her to shreds in court OP, if only to serve as a warning to others thinking about pulling this st.

silverfoxcc

7,690 posts

146 months

Friday 28th July 2017
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I know video is verboten but supposing someone accidently left the mobile on record so a transcript could be put on here.... just thinking

Hoofy

76,379 posts

283 months

Friday 28th July 2017
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I'd love to see how many times she swears in court.

PS Not sure you should be posting her name on here.

Levin

2,029 posts

125 months

Friday 28th July 2017
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Agreeing with Hoofy, wouldn't mention any names.

muussaah

Original Poster:

64 posts

83 months

Friday 28th July 2017
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Hoofy said:
I'd love to see how many times she swears in court.

PS Not sure you should be posting her name on here.
its not end of the world as I am sure there are many individuals with that name. An address etc is more confidential than a name I think but I don't mind removing if needs be

Hudson - I can assure you I won't be giving whatsoever, I will stand my ground because I am a man of principle, I am very fussy when buying a car of my own and look at all aspects and even research common issues etc before any committments so I would want my buyer to feel the same and even though I mentioned this to him he very vaguely replied "I know about these cars so can check it all myself" or something along those lines. I will produce all the evidence and see what the judge decides but at the face of it all it seems like it'll be a straight forward case in my favour
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