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

matttye

The item still has to be as described.

If you say it drives beautifully, in good condition etc. and there are known problems that the buyer isn't made aware of that would affect the description, then clearly they may have a case.

wackojackouk

I take your point Mattye but I do have a letter from the claimant stating I told her the car had no issues (I didn't say that at all because I went into some details about other stuff too), yet the next sentence in the letter said I told her about the reverse gear being stiff....

I guess she's going to try and call me a liar and I'm going to try and do the opposite.

matttye

wackojackouk wrote: »

I take your point Mattye but I do have a letter from the claimant stating I told her the car had no issues (I didn't say that at all because I went into some details about other stuff too), yet the next sentence in the letter said I told her about the reverse gear being stiff....

I guess she's going to try and call me a liar and I'm going to try and do the opposite.

If you have proof she knew about the issue then you have nothing to worry about.

Seems silly that anyone would try to get away with saying a used car has no issues and also silly that a buyer would believe it, so I doubt a judge will believe her on that point.

IamNotAllowedToUseMyName

The other element of the claim that is likely to fail is that essentially in a claim for damages, the person should show that they have taken reasonable steps to minimise their losses - so padding out a claim, and claiming as new rates for repairs (remember the very start of the thread?) all starts to look a bit silly. Also, they didn't really do any negotiating before heading to small claims, so that might not find them any favour with the court.

They are doing quite a lot wrong.

When you have their case, you should write down the reasons why it is not your problem, item by item. So for example, the stress and whatever is not your problem as they have not acted reasonably, and they have not got a valid claim anyhow; the repair cost is unreasonable as it is an as new repair on an old car and the parts are available cheaper. Claiming for preparation of claim - there is a legal maximum rate (£18/hour rings a bell) but also again they should be spending a reasonable amount of time and should be able to show that they spent the time.

Generally, you need to pepper your responses with "unreasonable" as much as possible. I think the judge would get the message. However, you have to tell the judge that they are unreasonable, and not just hope that he will guess. So for example, show, say with a screen shot, that the parts are at inflated prices, and that there are cheaper alternatives. The judge will not like a claim being padded out. Respond to every item, or the judge might assume that you accept that item.

arcon5

There car had no issues in your view. You didn't see the gear selection as an 'issue' and have always managed with it how it is but none the less drew it to the attention of the new buyer.

roonaldo

How is this post still going ??

nicholaswitchell

roonaldo wrote: »

How is this post still going ??

I was thinking exactly the same thing.

Ridiculous and slightly irritating now.

nicholaswitchell

Just re-read the whole thing.

Why does this sort of thing never happen to me, I'd love my day in court against chancers like this.

I'd deal with it properly instead of weeping and mopeing about it.

roonaldo

wackojackouk wrote: »

the next sentence in the letter said I told her about the reverse gear being stiff....

which means she is admitting to buying the the car knowing about the fault. she loses and case closed.

albionrovers

nicholaswitchell wrote: »

I was thinking exactly the same thing.

Ridiculous and slightly irritating now.

Go away then. You can't help yourself view the updates can you?