Sold a car privately - COURT ACTION
Discussion
OP a question - did you complete and send off the V5 in the new owner's name (Mr Whatsit) when you sold the car? and was that the same name as the one on your receipt of sale?
I am just wondering if, by some small possibility, the person you have sold the car to has sold it on to your claimant without disclosing any of the issues and that unscrupulous person has done so in your name. Essentially passing themselves off as you in order to shift the car whilst presenting the V5 still with your name on it. That rotter then walks off into the sunset with the cash and slips quietly back into his own genuine identity with a bulging pocket, leaving hell-hath-no-fury lady to chase you by following all your falsely supplied details..... It isn't beyond the realms of possibility, but ONLY if you didn't fill out the V5 and send it off yourself.
A strange case, whatever.
I am just wondering if, by some small possibility, the person you have sold the car to has sold it on to your claimant without disclosing any of the issues and that unscrupulous person has done so in your name. Essentially passing themselves off as you in order to shift the car whilst presenting the V5 still with your name on it. That rotter then walks off into the sunset with the cash and slips quietly back into his own genuine identity with a bulging pocket, leaving hell-hath-no-fury lady to chase you by following all your falsely supplied details..... It isn't beyond the realms of possibility, but ONLY if you didn't fill out the V5 and send it off yourself.
A strange case, whatever.
Wow does sound bizarre, should be fine but take all precautions...
V5 name does not indicate ownership, only that the person named on it is responsible for communications regarding the vehicle. She could claim they bought the car between them, but as she was doing the most miles they changed the registered name on the V5 so the contract still exists between them and you. Just guessing really, again no legal eagle but worth making 100% sure.
The CRA 2015 gives some protection to buyers of privately sold vehicles, see extract from Which:
"You have fewer rights when you buy a used car from a private seller, and key parts of the Consumer Rights Act don't apply. For example, there is no legal requirement for a car to be of satisfactory quality or fit for purpose.
But contractual rules about misrepresentation do apply. So, legally, the seller must:
- accurately describe the second-hand car. For example, an ad must not say 'one owner' when the car has had several
- not misrepresent the second-hand car, ie tell you something about it which isn't true. For example, if it’s been in an accident, the owner mustn't tell you it hasn't.
If you're buying from a private seller, the onus is on you as the buyer to ask all the right questions before making the purchase. The seller doesn't have to volunteer extra information so, if you don't ask questions, you may not have the full picture of the car's history or be aware of any potential faults."
I guess the case for misrepresentation she is bringing could be around 'drives faultlessly' if she puts the claim forwards that you misled them on this that the car has driven with fault since they took it away? Just seems odd the court has accepted this, so would keep your wits about you and maybe invest in a solicitor to be on the safe side and recover costs afterwards?
V5 name does not indicate ownership, only that the person named on it is responsible for communications regarding the vehicle. She could claim they bought the car between them, but as she was doing the most miles they changed the registered name on the V5 so the contract still exists between them and you. Just guessing really, again no legal eagle but worth making 100% sure.
The CRA 2015 gives some protection to buyers of privately sold vehicles, see extract from Which:
"You have fewer rights when you buy a used car from a private seller, and key parts of the Consumer Rights Act don't apply. For example, there is no legal requirement for a car to be of satisfactory quality or fit for purpose.
But contractual rules about misrepresentation do apply. So, legally, the seller must:
- accurately describe the second-hand car. For example, an ad must not say 'one owner' when the car has had several
- not misrepresent the second-hand car, ie tell you something about it which isn't true. For example, if it’s been in an accident, the owner mustn't tell you it hasn't.
If you're buying from a private seller, the onus is on you as the buyer to ask all the right questions before making the purchase. The seller doesn't have to volunteer extra information so, if you don't ask questions, you may not have the full picture of the car's history or be aware of any potential faults."
I guess the case for misrepresentation she is bringing could be around 'drives faultlessly' if she puts the claim forwards that you misled them on this that the car has driven with fault since they took it away? Just seems odd the court has accepted this, so would keep your wits about you and maybe invest in a solicitor to be on the safe side and recover costs afterwards?
danllama said:
Read from start to finish. What an amusing read. I'd love to meet this woman for a quick chat, just to get an idea of how her head works!
Exactly my thoughts! I have also just been notified she has paid the additional £170 (on top of the £105 submissions fee) for the hearing to actually take place on the 22nd Aug 17, just makes you think what on earth is going on.I rang the court this morning to see if I can in anyway have the case struck out as I have never sold the car to the claimant or know who she is however they just told me as she has paid the hearing fee it will go to hearing where the outcome will be decided.
Du1point8 said:
1st question in court...
1) Did the defendant sell the car to Ms X...
A: Not unless Ms X is in fact a bloke called Mr Y as signed on the V5 and she has undergone treatment.
Dismiss case!!
This made me laugh a lil... I hope its as simple as this and for those of you asking, the v5 was sent off etc1) Did the defendant sell the car to Ms X...
A: Not unless Ms X is in fact a bloke called Mr Y as signed on the V5 and she has undergone treatment.
Dismiss case!!
she claims to be the sister of the chap I sold the car to, could she make out she is representing him and have her name down as the claimant for this reason? surely not?
muussaah said:
she claims to be the sister of the chap I sold the car to, could she make out she is representing him and have her name down as the claimant for this reason? surely not?
It that case I would have thought that the claim would have to be made by him even if she is representing him.Assuming I've looked for the correct Court, it doesn't look like it'll be at Bristol due to 'severe flooding':
https://courttribunalfinder.service.gov.uk/courts/...
https://courttribunalfinder.service.gov.uk/courts/...
I'm selling a car at the moment and have been told by friends that I've had no interest in it because I've been "too honest". It's reading things like this that makes me nervous selling cars privately and so why I have listed it the way I have.
OP - I hope this gets blown out of court and the dozy t*rt is told to do one.
OP - I hope this gets blown out of court and the dozy t*rt is told to do one.
I'm also potentially having an issue with this....sold my old 540i a few weeks back with a very honest advert, including all negatives as well as summarising spec, most important negative being that the car was a "recorded write off".
Needless to say the guy that bought it hadn't checked or fully read the advert, I mentioned it when he was looking around it, even showing him the pre-repair damage...
Needless to say he contacted me on Monday having a go that I'd sold him a cat C car, but only after trying to sell it on himself at double the price...(part-time trader, he filled out the trade section of the V5 but obviously hasn't disclosed the write-off marker and may have clocked it to boot). Thing is he has admitted that he remembers me showing him the picture of the damage pre-repair!
Needless to say I've now started ignoring him but hope it won't go any further!
FYI - new listing for the car: https://www.facebook.com/marketplace/item/32741004...
My old advert:
Needless to say the guy that bought it hadn't checked or fully read the advert, I mentioned it when he was looking around it, even showing him the pre-repair damage...
Needless to say he contacted me on Monday having a go that I'd sold him a cat C car, but only after trying to sell it on himself at double the price...(part-time trader, he filled out the trade section of the V5 but obviously hasn't disclosed the write-off marker and may have clocked it to boot). Thing is he has admitted that he remembers me showing him the picture of the damage pre-repair!
Needless to say I've now started ignoring him but hope it won't go any further!
FYI - new listing for the car: https://www.facebook.com/marketplace/item/32741004...
My old advert:
Edited by kiethton on Thursday 3rd August 13:25
lcs_turbo said:
I'm selling a car at the moment and have been told by friends that I've had no interest in it because I've been "too honest". It's reading things like this that makes me nervous selling cars privately and so why I have listed it the way I have.
OP - I hope this gets blown out of court and the dozy t*rt is told to do one.
I got rid of a shed of a car. I listed every single problem and repeated some of them twice. I also said, "It's not in a good state" several times and that it would probably fail its next MOT. The new owner was happy about it and didn't complain. I noticed earlier this year that it's no longer on the road.OP - I hope this gets blown out of court and the dozy t*rt is told to do one.
I think you're better to be too honest about the car but then you will still get some dick who will knock 50% off then complain when it plays up. Perhaps get something signed acknowledging every fault that you've stated.
InitialDave said:
Maybe go to court, just for the experience. I've never heard a judge call someone a complete and utter f
kwit before, and I wouldn't want to miss my chance.
I'd take this as a decent opportunity to enjoy a day in court and see how the small claims system works. I can't see how you could lose this one! Take any 15 yr old premium car to a main dealer and I'd be amazed if they didn't pull a £4k+ bill out to make the car perfect.kwit before, and I wouldn't want to miss my chance.It's threads like this that remind me why the likes of We buy any Car have such a strong market. Dealing with the general public can be quite an eye opener!
OP, best of luck with it though I don't think you'll need it. I think this is one of the poorest advised court cases I've heard of.
OP, best of luck with it though I don't think you'll need it. I think this is one of the poorest advised court cases I've heard of.
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