Sold Car Privately - Buyer Unhappy - Wants to return - Help

Poppy9

wackojackouk wrote: »

The timing also sucks because I sent my questionnaire back today saying no witness evidence etc. I think I will be calling the court on Monday to re-assess that and hopefully re-send my questionnaire back with an amendment around witnesses.

Now I have an idea what the parts are (originally it was just the mechanism, now it's the cables due to the fluid leak etc perishing the rubber) I looked online Ford Parts Online who sell genuine parts for a lot less than what has been quoted.

Just put this on hold and go and enjoy holiday. When you return the only evidence you need is your advert and any receipt the person signed.

I'm not sure but providing a shopping list of the actual cost of the items might weaken your case if the judge decides the cost is low enough to split to be fair if he/she is that way inclined. But then thinking about it, no the buyer has no case so it's irrelevant the cost.

wackojackouk

Poppy9 wrote: »

Just put this on hold and go and enjoy holiday. When you return the only evidence you need is your advert and any receipt the person signed.

I'm not sure but providing a shopping list of the actual cost of the items might weaken your case if the judge decides the cost is low enough to split to be fair if he/she is that way inclined. But then thinking about it, no the buyer has no case so it's irrelevant the cost.

I don't actually have a receipt. I hand wrote one for her basically because she said she could claim the VAT back as it's for business purposes. I did actually write sold as seen on it (which i know is not quite 100% the law). However I only did the receipt because I was trying to be helpful and do her a favour.

Poppy9

wackojackouk wrote: »

I don't actually have a receipt. I hand wrote one for her basically because she said she could claim the VAT back as it's for business purposes. I did actually write sold as seen on it (which i know is not quite 100% the law). However I only did the receipt because I was trying to be helpful and do her a favour.

She can't claim VAT back on it as you didn't charge her VAT. If she faked a VAT receipt that is fraud.

https://www.gov.uk/reclaim-vat/cars

Also I think the fact she said she bought it in the course of her business might change her rights but I'm sure someone with more legal knowledge will come along and advise.

HO87

Is she alleging that this was a business purchase? Is her business a limited company? Who is the claimant (in the SCC case) - her or the limited company/firm?

Given how little it costs to issue proceedings in the SCC some use it as a bullying tactic and the piling on of purported costs would support that interpretation I'd suggest. If you want further illustration of how this process is abused you only have to pop over to the private parking ticket forum.

There are several hurdles for this claimant to surmount yet - she will have to file a detailed case and serve a copy on the OP not less than 14 days before any hearing and pay a hearing fee before it will progress. If neither of those things happen then initially the case will be stayed and after a short period, usually, if the claimant does not make any move to kick things off again the OP could apply for the matter to be struck out. Indeed, an application for a strike out could be made ahead of that.

The fact that you have already filed a defence does not stop you from filing a more detailed one and incorporating in that the option to update and/or vary your previous defence(s) once you have had the claimant's case served on you.

This is likely to drag on for about a month or so once the matter is formally allocated to the small claims track (all cases start off in the main county court - known as the multi-track and are shifted over to the small claims on the basis of the responses to the allocation questionnaire). At the end of that period you will be notified of a court date which normally gives you 6-8 weeks notice. The case should go to the county court closest to the OP's home address.

parking_question_chap

I would certainly raise the VAT thing if you give a statement in court, it will paint the claimant in a bad picture.

Credability is everything.

macman

OP, how many more times do you have to be told that these chancers have no case, and no chance whatsoever of winning this in court, assuming they even turn up? It doesn't matter if they claim £100,000 in compo for distress, business losses etc-none of these costs are going to be accepted.
If you can't face going to court, then pay them what they are asking and have done with it and get on with your life. If not, then you have filed your defence and simply need to turn up and recount what you have already told us, and you will win.
You are absurdly over-complicating this. If you truthfully described any known faults at the point of sale, and the vehicle was roadworthy, then that is all there is to it-anything else is caveat emptor.

gayleygoo

Sounds like buyer's remorse. When you buy older cars, you have to expect a few problems and budget accordingly for their repair! I know lots of people with 8-15 year old cars and they need at least a few hundred pounds spent on them every year to get them through the next MOT, to cover the wear and tear etc.

I can understand that this woman is annoyed that such a fault has developed so soon after buying the car, but it is her own self she should be annoyed at, as she didn't get someone knowledgeable to check it out beforehand. If it only costs a few hundred pounds to fix HER OWN car, she should have paid the repair costs and left it at that! And trying to claim she wants "new parts for a new car" is hilarious, sounds like she hasn't a clue. I wonder how much your own mechanic would want to fix the car? Hers probably has imagined the price and then tripled it.

What on earth is "£500 courtesy"?? :eek: This sounds like scare tactics. In fact it nearly sounds like she had the whole thing planned from the start, or purposely caused the damage herself to make money.More likely, she has probably taken bad advice from her Dad and is only going through all this "stress" because it didn't occur to her that a 12 year old car might need repaired at some point.

Please OP, do not give her any money. Don't give into her bullying. If there is any sort of mediation arranged, stand your ground, you owe her nothing and letting her "win" means she will do this all again someday, to someone else if not to you (for when something else goes wrong with the car.)

Marktheshark

Buy an old banger that needs fixing up, then threaten to sue the seller and get not only your money back but a bit more besides ?
No District Judge is this stupid.
Just file your caveat Emptor private sale sold as seen defence.
However if they inspected the car and the negotiated a new price as in paid less than the asking price that severely weakens their argument or case even further as they asked for what is known as "reduction" following inspection of the goods.

The Object here is bullying, you get this in the banger market, Idiots with no money buy an old banger for peanuts and expect a £30k car like "dads"

As for mediation, this starts from the way point that you agree you owe her money, if you do not think you owe any money to her, do not do mediation, it has absolutely NO bearing on the case if you refuse on the grounds you defend the whole claim.
The "mediators" start from the point you are a crook and you will repay" they have no legal knowledge and are always on the on the claimants side.
Reject mediation and reject this idea it shows you have tried to be reasonable, no it does not, it shows you think you owe them some money you are trying to get out of paying.


Where a claim has no merit you do not "negotiate" you defend in full.
Out with your swords and men and meet her on the battlefield with her dad on his legal horse.
As he does not know that the sale of goods does not apply to private sales, he is not going to remain seated on his high horse for long.

wackojackouk

Thanks guys

I sent my questionnaire back yesterday and wasn't offering any witness evidence. I think I would now like to amend this as I have been offered something which could help me (and defend against her latest statement which should really have been served before the claim - repair/stress breakdown etc).

Am I able to amend this? - should I call the court tomorrow and ask?

Ta

WJUK

HO87

wackojackouk wrote: »

Thanks guys

I sent my questionnaire back yesterday and wasn't offering any witness evidence. I think I would now like to amend this as I have been offered something which could help me (and defend against her latest statement which should really have been served before the claim - repair/stress breakdown etc).

Am I able to amend this? - should I call the court tomorrow and ask?

Ta

WJUK

See post #105 above

HO87 wrote: »

The fact that you have already filed a defence does not stop you from filing a more detailed one and incorporating in that the option to update and/or vary your previous defence(s) once you have had the claimant's case served on you.