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

arcon5

Not paying fees on time doesn't automatically see a claim dismissed.
I've had a case before where I didn't pay the hearing fee as the dispute was resolved. I assumed it would be struck off but the hearing still took place despite no parties turning up where it was only then dismissed.

So don't assume no fee will mean no hearing.

Marktheshark

Sounding more and more like they are running out of Steam.
If Directions were set there will be a directions hearing, if the directions have not been followed, the case will be struck out and you can apply for expenses.
As you say you made an offer for a inspection and they have ignored this, it looks like they have run out of ideas and money.

patman99

Looks like they may have realised that their attempts to call your bluff have not worked and that they may not win in Court, so have not paid the fee in the hope that the case will not go ahead.

Make sure that once you have the case allocatted to your nearest Court (as the defendant, you have this right) that you then turn up. If you do and they don't, you win by default.

ghostfinder

subbing to thread

wackojackouk

Hi guys

Quick update and I'm not going to put all the details on here (just in case) but it seems they sold the car on at the end of April as they wanted to "move on", and are now asking me to pay for the repair cost which has suddenly dropped from the £1500 they claimed in their letters to £700. Plus they want another £200 on loss of the sale vs the original purchase price

Any thoughts to where this leaves the case as they now longer have possession of the car?

My first thought was how could it proceed any further as they don't own the car and an inspection (courts instruction) is now not possible due to the repair being completed.

Ta

WJUK

stator

If someone else owns the car I would have thought getting an independant mechanic to inspect it would be impossible. Case dismissed?

robbies_gal

er what theyve sold it-tell em to tell the court that and see where it gets them

Quentin

wackojackouk wrote: »

Hi guys

Quick update and I'm not going to put all the details on here (just in case) but it seems they sold the car on at the end of April as they wanted to "move on", and are now asking me to pay for the repair cost which has suddenly dropped from the £1500 they claimed in their letters to £700. Plus they want another £200 on loss of the sale vs the original purchase price

Any thoughts to where this leaves the case as they now longer have possession of the car?

My first thought was how could it proceed any further as they don't own the car and an inspection (courts instruction) is now not possible due to the repair being completed.

Ta

WJUK

All you need to do now is confirm to the judge at your hearing that you attempted to conform to the direction (to get the car independently checked by an engineer jointly instructed) but the claimant thwarted this which you subsequently discovered was because they had disposed of the car.


It's still all down to the claimant to prove their claim (which they cannot).


Be ready to ask for your expenses when the case is thrown out - if a hearing ever takes place (the claimant can cancel a hearing prior to it taking place).

motorguy

wackojackouk wrote: »

Hi guys

Quick update and I'm not going to put all the details on here (just in case) but it seems they sold the car on at the end of April as they wanted to "move on", and are now asking me to pay for the repair cost which has suddenly dropped from the £1500 they claimed in their letters to £700. Plus they want another £200 on loss of the sale vs the original purchase price

Any thoughts to where this leaves the case as they now longer have possession of the car?

My first thought was how could it proceed any further as they don't own the car and an inspection (courts instruction) is now not possible due to the repair being completed.

Ta

WJUK

As has been said, you would be saying in court you'd have been happy to comply with the courts suggestion of an independent inspection and accepted the outcome, however you now cant do that.

Also, all cars depreciate, month in, month out, so i cant see how they think that just because they sold it for less than they bought it, its suddenly your problem.

I cant see any judge in the land accepting their nonsense - particularly given they've moved the goalposts (lied) on costs and dont even have the car anymore (so more lies)

I think they're hoping you would have panicked into sending them the money, but i'd be taking it all the way.

warehouse

This thread is rapidly putting me off selling privately again.