Im being sued after I sold my car

jimjames

Are you a private seller or are you selling cars for profit?

Did the car have MOT?

brightonman123

HAs OP got their original advert wording? Might be worth adding that to defence, along with 'if court appearance required, I shall claim costs of £300 per day', or similar..


not sure what the buyer expected, with a 12 year old car!

LoopyLocks

No it was my car I bought myself a C Max because the kids are getting too big to fit in the back of the mini. The car had about 10 or 11 months MOT when I sold it.
Cheers

Wig

You need to read my post #9 I have added to it...

Wig

LoopyLocks wrote: »

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.

You have offered to mitigate his losses... what does he hope to achieve in court? Make sure you say this in your defence statement. Then even if he wins you won't have to pay court costs.

jimjames

LoopyLocks wrote: »

No it was my car I bought myself a C Max because the kids are getting too big to fit in the back of the mini. The car had about 10 or 11 months MOT when I sold it.
Cheers

People can issue small claims court claims for very little cost. That doesn't mean there is any merit to them.

Some will cave in rather than go to court which may be what your buyer is hoping for.

You have no case to answer from what you've said and I would defend any such claim if it happened to me.

reddwarf2002

Sounds like a dodgy character to me and is trying to scam money out of you. I have heard of quite a few of these scams.

You need to get someone to help you to draft a defence to say a) the car was sold as seen and you were unware of any defects at the time of the sale apart from cosmetic issues which you pointed out to the buyer b) he took a test drive c) it is a 12 year old car so can't expect parts not to fail.

Wig

What is the date of the inspection report?

Clutch and gearbox are wear items, The very fact that they worked when driven away is evidence that they were not worn at the time of purchase... Case Ref: Thain v Anniesland Trade Centre

Quentin

The defence above is all you need.

"I deny owing the claimant any money at all"

LoopyLocks

Cheers guys. I got text messages that show I offered to give him his money back if he brought the car back the same as he bought it or offered to pay towards repairs but they reckon it needed £1600 to put it right. Its a sporty car I think hes probably driven it like an idiot and wants me to pay for it. I looked at that link that Wig posted thanks for that. But with a fairly new MOT on it how would I know if there was something wrong with it. It drove perfectly ok when I had it and even he drove it for over 2 weeks before he decided he wanted his money back.
I didnt advertise it anywhere though, my girlfriend was telling her mate at work that we might sell the mini and get a grown up car and she said she knew someone who might be interested. So he came over on the saturday to look at it, then he came back on the sunday with his dad to check it over and he bought it.