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

arcon5

maxmycardagain wrote: »

No No No.....thats a slippery slope and tantamount to admitting responsibility

Although I think there are ways that would not support a statement portraying this as admitting responsibility, I halfheartedly agree with this.... as far as i'm concerned, once you take the car its your problem!
Cars are just machines, old used cars go wrong indiscriminately, sometimes you are just unlucky.

But tbf if i'm buying an old cheap used car I also bear this risk!

Poppy9

Has there been any progress with this?

wackojackouk

Hi guys

Sorry for not updating sooner but not really had too much to tell... until now.

Had a letter from the court earlier this week. It stated that a deputy district judge had considered the statements of case/questionaire's filed and allocated the claim to the small claims track.

It does say the court thinks the case is suitable for mediation but I've already been down that route and let's just say they were asking for three quarters of the car's value + £500 compensation for their trouble.... you do the math :eek:

Anyway.... on the back of this it says the following (abbreviated below).

1. Both parties shall jointly instruct a car mechanic as a single joint expert to provide a report by x date and the cost borne equally between the parties.
2. Both parties must simultaneously before x date file with the court and serve on each other a bundle containing all the documents that the claimant wishes the court to consider at the hearing.
   ~
   Inc Witness Statements/Contracts/Important letters/invoices/receipts/photographs (if relevant)
3. The court may decide to not take into account evidence of a witness/document if these directions are not complied with
4. All original documents must be brought to the court for the final hearing
5. If a party does not comply with these directions, the final hearing may not proceed and any party at fault may be ordered to pay wasted costs and/or expenses and their claim/defence may be struck out
6. No expert evidence is permitted. If either party seeks to to rely on expert evidence they must write to the court to request a further directions hearing
7. The parties must inform the court if the case is settled
8. The court has made this order of it's own initiative. Any party affected by this Order may within 7 days apply to have it varied.

I have to admit I am a little confused especially around #1 (which is technically contradicted by item #6).

The claimant says there is an issue with the car as you are aware and I don't really see how a mechanic's report is going to say any different (especially at it's her mechanic). Basically it's going to say there is an issue with this / that. (that I was unaware of as originally stated and was driving the car up to point of sale without issue).

The car having an issue 1 week after buying it is not really the argument and according to CAB and two other legal advisers is not actually the law - caveat emptor etc should apply (sorry this is not meant to come across in a pompous way) so I'm intrigued why this is being asked for or is it a standard statement for this kind of thing.

Also, on who's onus should it be to get this done. I don't see her contacting me to arrange this nor do I wish to contact someone who has caused me a lot of hassle and stress too.

Any input would be most appeciated or if you'd prefer to pm me feel free.

Thanks

WJUK

EdGasket

I think you are justified in asking for clarification on points 1 and 6 as to any normal person they do contradict each other. Trouble is it is probably some legal jobsworth dealing with it who has no understanding of mechanical issues.

Who has possession of the car right now?

marlot

Regarding #1, the court is asking for a report independent of both of you about the state of the car at the time of sale. This is so that if he finds against you, he can award a fair sum. The expert witness won't be looking at the legal side of the case, just the state of the car.

I think by #6, they mean that you cannot bring an expert witness along on the day of the hearing. Or provide other expert reports other than #1.

arcon5

You don't have the car, don't see how you can comply with #1

bod1467

arcon5 wrote: »

You don't have the car, don't see how you can comply with #1

Agreed. And How will the person doing #1 be able to assess the condition of the car at the time of sale since that was quite some time ago?

Quentin

arcon5 wrote: »

You don't have the car, don't see how you can comply with #1

Why not?


#1 just requires both sides to agree on an independent mechanic to do a report on the car now. (The mechanic to carry this out on joint instructions, and the two sides paying half the cost)

=rizla=

bod1467 wrote: »

Agreed. And How will the person doing #1 be able to assess the condition of the car at the time of sale since that was quite some time ago?

Exactly, I haven't read back but hasn't the new owners garage don e some work to the car as well?

wackojackouk

Just to confirm I don't have the car anymore.

The car was mucked about with by a non-qualified mechanic the day after I sold it and then by her mechanic who gave a visual report a week later.

I would also question how is the car going to be inspected as it was at the point of sale when it was 3 months ago too. AFAIK it is declared sorn but was used for a week initially.

I would presume in that time things like the brakes etc would deteroiate if they are not used.

Even with a report that would more than likely mention the gear selector cables are worn (if I go by her mechanic at the moment), I still don't see that the issue is correct. I wasn't aware of any faults that I didn't disclose prior to the sale taking place.

From advice on here and via the legal team and CAB it should well be what I now know is called "Caveat Emptor" and the lady should have had the car inspected before purchasing if for some reason she was unsure. She also had an extended test drive and still chose to purchase the vehicle.

Keep your input coming, I appreciate it.

Cheers

WJUK