Need Help with small claims

suporhy93

Sorry if this is wrong section but I searched and couldnt find anywhere to put it.

Here goes:

I've been told to post this here as I will get better answers as your more suited to this area then on a car owners forum.

Right I'm half way through taking some guy to court.

Summary:

I purchased a car off him ( private seller ) with the miles stated as 69000 and full service history.

I viewed the car and it ran fine, was clean and tidy and the service history looked good!

Paid £1800 for the car and drove it home. Two days later I found out the car had been clocked. I did an hpi check but not mileage :mad:. I also looked up the addresses on the service stamps and many did not exist and others came up in middle of france etc.....its fake.

Contacted the seller he said its my fault i didnt check. He sold it on the information he was given and he had nothing to do with it. So i started small claims under the advise of the CAB and consumer direct.


My claim just details the day I purchased the car, how I found the information out and the fake service history. I also stated the MOT on 20th jan has 110000 miles and then 8 days later 69000. O and that the adverts clearly advertised the miles as genuine and fsh.

His defence is along the lines of not he didnt know as he bought the car in february so clearly wasnt him so not his fault and he had nothing to do with it and sold it on the information he had.




This whole process is costing me 500 and if I loose I dont get that back. I was also recomended to start the claim on MCOL so I did but later found that if I didnt I would have a got a reduced fee as im a full time student :mad:.

So whats your views, is it worth me carrying on with the process? reckon I have a chance?

Many Thanks

pcombo

What makes you so sure that the seller lieing? Anyone buying a car should check everything and check again before handing a penny over.

Supposen you win the court case doesn't mean to say the seller is just gonna hand over the money.

Normaly cars are sold as seen i.e its up to the buyer to check it all out before purchasing.

moonrakerz

Claims on second hand cars are very difficult to substantiate anyway. A claim against an individual is almost certainly a waste of time.

As has been already been pointed out, he might be telling the truth.
IF, he wasn't, he is probably wily enough to know how to dodge/frustrate Small Claims Court actions.