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

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Comments

  • patman99
    patman99 Posts: 8,532 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker Photogenic
    At a guess, the Judge will ask the plaintiff to explain why no mutual inspection of the vehicle was undertaken, and when informed that they sold the car on, will kick the case out of Court and award you with costs. I would suggest that you claim for a day's lost earnings along with travel costs.

    Could costs them over £100 for their stupid ignorance.
    Never Knowingly Understood.

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  • Retrogamer wrote: »
    So to summerise.

    Someone comes to buy car. You let them aware of issue with gears. Buyer acknowledges this and car is sold without any warranty intended and at a price to reflect it's condition.

    Buyer them becomes unhappy, and submits claim via small claims court.

    They advise what to do, buyer can't / doesn't do this as they've now sold the car on.

    Can't see this going any way other than completely in your favour.

    Unfortunately commonsense and logic are not always applied by the courts as we are all well aware.

    Been following since the start and hope the OP gets all their costs awarded when they hopefully win the case.
  • niblettr
    niblettr Posts: 48 Forumite
    edited 14 August 2015 at 1:02PM
    Do you have a copy of your original ad? Thing is, I but faulty TVs (on purpose) and repair them. If I change my mind and claim I got sold a faulty TV (even though it was advertised as faulty) would I be able to sue? I THINK NOT!
    I can not see you loosing this case. Good luck.

    Shame, its not going to be televised on Judge Rinder.
  • wackojackouk
    wackojackouk Posts: 1,412 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    niblettr wrote: »
    Do you have a copy of your original ad?

    Yes. I have copies of everything. All documentation was sent to the court within the timescale instructed. The claimant has not followed any of the courts directions, yet have still been able to pay the fee over 5 weeks late.
  • niblettr
    niblettr Posts: 48 Forumite
    edited 14 August 2015 at 1:22PM
    hmmmmmm, you don't think the claimant knows somebody there high up (ish).
    Might explain why you couldn't get a court nearer to you and that they are able to be so blase? (and the fact that they actually think they have a chance?)
  • Quentin
    Quentin Posts: 40,405 Forumite
    Yes. I have copies of everything. All documentation was sent to the court within the timescale instructed. The claimant has not followed any of the courts directions, yet have still been able to pay the fee over 5 weeks late.
    Nevertheless you have complied, and the late payment (if there has been one) makes no difference to you.


    If the Claimant's non compliance with deadlines has been to your disadvantage in any way then point this out to the judge.
  • arcon5
    arcon5 Posts: 14,099 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    patman99 wrote: »
    At a guess, the Judge will ask the plaintiff to explain why no mutual inspection of the vehicle was undertaken, and when informed that they sold the car on, will kick the case out of Court and award you with costs. I would suggest that you claim for a day's lost earnings along with travel costs.

    Could costs them over £100 for their stupid ignorance.

    I highly doubt it. The buyers actions could certainly be deemed reasonable in order to mitigate losses. They wouldn't be expected to keep it for an unforeseeable amount of time!

    The judge would simple base the case of what facts he has in front of him, and in this case without an independant assessment present. Which of course would see op win.
  • wackojackouk
    wackojackouk Posts: 1,412 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Tomorrow is the big day. Thank you everyone for your input and advice.

    Fingers Crossed for tomorrow.
  • davemorton
    davemorton Posts: 29,084 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Car Insurance Carver!
    Tomorrow is the big day. Thank you everyone for your input and advice.

    Fingers Crossed for tomorrow.

    Best of luck! :beer:
    “Quis custodiet ipsos custodes?”
    Juvenal, The Sixteen Satires
  • robbies_gal
    robbies_gal Posts: 7,895 Forumite
    Part of the Furniture 1,000 Posts
    good luck state all the facts and you should be ok
    What goes around-comes around
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