Im being sued after I sold my car

fatbelly

You need to acknowledge service (you can do this online) within 14 + 5 days of the issue date. Tick 'I intend to defend the claim in full'

Then you have till 28 + 5 days of the issue date to lodge your defence.

I think he was lucky you offered to pay a couple of hundred towards a replacement gearbox and even offered 'to bring me back the car in the same state I gave it to him and he can have his money back' - I wouldn't have done either of those things.

forgotmyname

Just pick holes in the inspection. As Wig mentions. Date and mileage of the inspection?
How many days had they driven it and how many miles?

Cracked wheels will have let the air out of the tyres. Did he drive away with flat tyres?

What was their address for the paperwork, Local ?

Clutch a gearbox. They drove it away without issue. Put the doubt in that the parts are not damaged or they did the damage after buying it.

Mention that when they contacted you initially you offered to refund a small amount, Even though every one told you that the buyer either had remorse and overspent on it. Or just wanted to con you into refunding the money.

Well known scam.

Regarding the "This vehicle has significant deficiancies"

Ask them to explain these in detail, regarding a 12 year old car and the price paid. Unless you specified a new clutch had been fitted recently then they should expect the clutch to be 12 years old also and maybe on its last legs.

Also ask them how they failed to spot all these defects before buying the car as they inspected it in great detail.

Wig

You could say the same about the wheels, he inspected them when he drove it away and they were to his satisfaction at that time.

jimjames

fatbelly wrote: »

I think he was lucky you offered to pay a couple of hundred towards a replacement gearbox and even offered 'to bring me back the car in the same state I gave it to him and he can have his money back' - I wouldn't have done either of those things.

Absolutely. Once a car is driven off my driveway after being inspected and paid for then I have no further liability for it.

I'd expect the same for any car I bought from a private seller too.

arcon5

Your biggest problem is you offering a refund.

If you don't want to refund you can claim this was merely a good will gesture you retract. But a court may simply see it as you offered refund, he's accepted, solved.

otherwise hope he doesn't bring the refund texts in and respond
"vehicle was sold as seen and advertised as accurately and reasonably as possible. Mr xx inspected the vehicle before purchase and agreed to buy it. All mentioned faults was unknown to me and I had no reasonable reason to suspect anything. "

marlot

You may have legal advice/cover as part of either your car or house insurance?

jbainbridge

I would stop offering any recompense. I'd also be tempted not to put it in your defense - as it was a 'private' sale there is no need.

Hoof_Hearted

When you say he is taking you to court, do you mean small claims, which doesn't necessarily require an appearance.

sh0597

I thought with a private sale you are only liable if you sell a car with known faults that are undeclared or lie about things you are asked or have written in the advert.


If the gearbox and clutch have gone after 2 weeks then they were clearly working at the time and as you are not an expert, you wouldn't be expected to know they were worn.


Likewise damaged wheels could easily be the result of misuse in the 2 weeks since he bought it.


As far as you are concerned the car was as described and the buyer was given a chance to inspect the goods before purchase.


I wouldn't have offered anything either.

colino

As long as MSE doesn't check dodgy IP addresses, queries like this profuse.