Dodgy car, help please

Foxy_stoat_4

Hi, first time poster here, sorry if this is in the wrong forum?

What it is, i purchased a car from my sisters fiance ages ago, it passed its MOT, but a couple of months later started playing up, replaced the battery and carb, but it later died on me, was paying for it via standing order.

to cut a long story short, the bank made a mistake and or something and the standing orders were not honoured despite money money available, i had paid 265 pounds, the original agreement was for 120 plus mot expendature which brought the total price upto around 400 pound, after several threatening phonecalls from him, he agreed to take the car back, but because of work and travel probs was unable to deliver so i told him the whereabouts of the said vehicle and the keys and documentation. he then went straight to MCOL and issued a claim for 260 (way above the outstanding price) got the AQ but got ot late, phoned courts to explain and they said i could hand it in before the end of the week, duley did. next thing i knew i got was a default by judgement, wrote to courts explaining i got the AQ late and asked for the decision to be reversed, not given. I then wrote to person who owned the car first with a far offer of payment (165), this was rejected. now i have a warrent of execution, could anyone help me please?

I have all statements proving i paid the 265, but no agreement on the price agreed originally, there was no prelim letter, no LBA just a court summons.

Snooze_Control

Excuse my ignorance but what has this got to do with Ebay?

SC :cool:

Foxy_stoat_4

Foxy_stoat wrote:

Hi, first time poster here, sorry if this is in the wrong forum?

I did apologise for posting in the wrong forum, im new and thick

Snooze_Control

Foxy_stoat wrote:

I did apologise for posting in the wrong forum, im new and thick

Well the clue is in the title "Ebay and other auctions forum" , however, as I like to help people where I can then from what I can make of your original post, you're stuffed. If you didn't agree anything IN WRITING at the start then you've go absolutely no come back and it's his word against yours.

I've absolutely no idea what MCOL, AQ and LBA are, but even if I did know I don't think they'd alter anything.

It's happened, you got burnt, learn from it and move on.

SC

hjb123

Think I must be lost here. Is it your sisters fiance that you are having the trouble with?

birchy

I always thought buying a second hand car privately is 'sold as seen' thus making it impossible to seek compensation.?

Am I missing something?

rose_sparky

Snooze Control, did your snooze control not work this morning? Did you get out of the wrong side of your bed?

It's not a crime to post in the wrong forum is it.

What a warm welcome to a new poster.

zappahey

birchy wrote:

I always thought buying a second hand car privately is 'sold as seen' thus making it impossible to seek compensation.?

Am I missing something?

It reads to me like the claim was due to the car not being fully paid for.

Snooze_Control

rose_sparky wrote:

Snooze Control, did your snooze control not work this morning? Did you get out of the wrong side of your bed?

It's not a crime to post in the wrong forum is it.

What a warm welcome to a new poster.

No but most people would figure out that a forum entitled "Ebay and other auctions" might just have something vaguely to do with, well, Ebay ? and, er, other auctions ?

SC :cool: :cool:

soolin

MOVING THREADS FOR BETTER RESPONSES

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olly300

Foxy_stoat wrote:

Hi, first time poster here, sorry if this is in the wrong forum?

What it is, i purchased a car from my sisters fiance ages ago, it passed its MOT, but a couple of months later started playing up, replaced the battery and carb, but it later died on me, was paying for it via standing order.

to cut a long story short, the bank made a mistake and or something and the standing orders were not honoured despite money money available, i had paid 265 pounds, the original agreement was for 120 plus mot expendature which brought the total price upto around 400 pound, after several threatening phonecalls from him, he agreed to take the car back, but because of work and travel probs was unable to deliver so i told him the whereabouts of the said vehicle and the keys and documentation. he then went straight to MCOL and issued a claim for 260 (way above the outstanding price) got the AQ but got ot late, phoned courts to explain and they said i could hand it in before the end of the week, duley did. next thing i knew i got was a default by judgement, wrote to courts explaining i got the AQ late and asked for the decision to be reversed, not given. I then wrote to person who owned the car first with a far offer of payment (165), this was rejected. now i have a warrent of execution, could anyone help me please?

I have all statements proving i paid the 265, but no agreement on the price agreed originally, there was no prelim letter, no LBA just a court summons.

Right what I gather is you were taken to court because you didn't pay a debt but rather than gain advice immediately you left it for whatever reason and now a judgement against you.

Firstly cars go wrong and if the car got through it's MOT and then when wrong the car was roadworthy when you brought it so you should have paid for it. Cars are not like other consumer goods and so are excluded from certain consumer laws. Plus a £400 car is not going to last a long time anyone can tell you that.

Secondly, if there were problems with the payments the onus is on you to sort the problem out immediately after the seller has contacted you otherwise the seller is in their rights to chase you for payment.

Thirdly, I know people who have been involved in small claims court cases and the judges normally use their common sense, life experience, balance of probabilities as well as the law to trial cases. Claiming that letters haven't been received is a common defence and no court in England and Wales accepts post goes missing or is undelivered unless you can prove it. However unless you can prove that you didn't receive any post in that week i.e. there was a postal strike which has either been published in the local press or you get a letter from Royal Mail, then you have no chance using that argument. So you have no appeal.

You need to find someway of paying ALL the money owed which includes the costs you incurred for having been taken to court. This will give you information about payment difficulties: http://www.hmcourts-service.gov.uk/courtfinder/forms/ex326_0405.pdf but as you have offered to pay £165 in one go it looks like you don't have payment difficulties and just don't want to pay up.

Finally, to be harsh you were probably taken to court because you have a reputation (rightly or wrongly) off not paying debts back to people who know you, and someone thought they would teach you a lesson. Also if you know the person lots of what you state would have been agreed verbally between you, and in English and Welsh law verbal contracts are legal agreements so even if you don't have it written down the judge would have used balance of probabilities to rule on the case if you had turned up.