Im being sued after I sold my car

LoopyLocks

I hope Im posting in the right place.

I sold my car a couple of months ago. It wasnt perfect it was 12 years old, but it was clean and tidy and drove well. It did have some bits and bobs needed doing but only cosmetic and I showed the guy when he came to look at it. Mechanically it was fine and he took it for a drive and checked it over and he bought it.
Then 3 weeks later he calls me and said the gearbox was gone and asked me to pay for a new one. I offered to pay a couple of hundred towards a replacement but it was ok when he bought the car and I never had any problems with it. Now I got a letter from Northampton court saying he is taking me to court and he has had an expert check over the car and there is loads of things wrong with it.. What can I do?

captainawsome

If it was a private sale and accurately described then as far as I'm aware it's a case of buyer beware. I'd speak to citizens advise or make the most of the free half hour most solicitors will give to assess a case. I doubt their is anything he can do though.

LoopyLocks

Thanks yes most people are telling me he can't do anything but he has started a court case now and it says I have to write a defence by the end of the month.
Cheers

Quentin

All you need say in your defence is that you deny owing the claimant any money.

Should the claimant want to continue the case then it will cost him more money ( he will have to pay in advance for a hearing and if he does you will be able to have this at your local county court).

If it goes to a hearing you just need to use the same defence and he will lose and have to pay your travel expenses to court!

LoopyLocks

Ok thanks. If I post here what he has put in his claim can someone help me to write the defence or do I need a solicitor or do I just write that I don't owe him any money and thats it?

LoopyLocks

This is what he put in his court case.

I am claiming for the reimbursement of £2000 paid to Mr XYZ on 12th October for a Mini Reg No XY 02 XYZ. This car was 'bought as seen' however soon afterwards following a comprehensive report from XYZ Ltd on the state of the car it was summerised by them :- "This vehicle has significant deficiancies, which will be very costly to rectify to a reasonable standard. Its purchase is therefore not adsvised.
Some of the defects noted are dangerous and render the vehicle unsafe to drive".
Although this was a purchase from a private seller I feel that the legal terms that cover this type of contract i.e. "the car must be roadworthy" - (apparently it is even a criminal offence to sell an unroadworthy car)
I have not onbly been in constant contact since 23rd october with Mr XYZ but have also tried to engage with him via a registered mediation company to resolve this issue but to no avail.

RuthnJasper

He seems to me to be talking spurious nonsense. People buy non-roadworthy cars all the time for parts and suchlike.

He's made an even bigger prat of himself by stating the car was "sold as seen". HE saw it and decided to buy based on what he had seen. Therefore his problem and not yours.

Hope all turns out ok. x

ohreally

LoopyLocks wrote: »

"This vehicle has significant deficiancies, which will be very costly to rectify to a reasonable standard. Its purchase is therefore not adsvised

Perhaps he should have commissioned an inspection and obtained a report before deciding to complete the purchase.

Wig

OP, Please remember to come back & update this thread when you have a final outcome.

Is that his words or yours where it says:
"(apparently it is even a criminal offence to sell an unroadworthy car)"


http://www.adviceguide.org.uk/nireland/consumer_ni/consumer_cars_and_other_vehicles_e/consumer_problems_with_the_car_you_bought_e/the_car_you_bought_is_not_roadworthy.htm
Seems to apply to the whole of the United Kingdom.

What does he say the defects that make it unroadworthy are?

If this is the law, then what are your responsibilities as a seller, if you want to cover your !!! by saying "This car is sold "not for use on the road", buyer beware, no guarantee of roadworthiness is either given or implied"
And then the buyer wants to drive the car away (as most would)?
Do you have any responsibility to not allow them to drive the car away? Or is it a case of "You do whatever you want, it's your car now"....?

LoopyLocks

Yes thats what I thought and surely if it was unroadworthy the MOT garage would have known. It only had itsMOT a couple of months before. I did offer him to bring me back the car in the same state I gave it to him and he can have his money back but he just went ahead and did this court case. They say the clutch and gearbox need to be replaced costing £1000 and a frayed seatbelt, a rubber something or other on the steering and 2 new wheels at another £600. Apparently the wheels cracked. The car drove fine when he bought it and now he wants to bring it back with these problems and get his money back.

LoopyLocks

No thats what he wrote in his court case.
And yes I will cheers.

Wig wrote: »

OP, Please remember to come back & update this thread when you have a final outcome.

Is that his words or yours where it says:
"(apparently it is even a criminal offence to sell an unroadworthy car)"