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

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Comments

  • fannyadams
    fannyadams Posts: 1,751 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    I hope you get a sensible judge who throws the case out and awards you damages and more importantly expenses.
    or that the other party fails to show and it automatically goes to you.
    fingers crossed.
    FA
    x
    just in case you need to know:
    HWTHMBO - He Who Thinks He Must Be Obeyed (gained a promotion, we got Civil Partnered Thank you Steinfeld and Keidan)
    DS#1 - my twenty-five-year old son
    DS#2 - my twenty -one son
  • wiltsguy_2
    wiltsguy_2 Posts: 536 Forumite
    I, like many other have been following this thread with interest. Good luck to day and please let us all know how you get on! Hopefully it will go your way
    Plan: [STRIKE]Finish off paying the remainder of my debts[/STRIKE].
    [STRIKE]Save up for that rainy day[/STRIKE].
    Start enjoying a stress debt free life..:beer:...now enjoying. thanks to all on MSE
  • bazster
    bazster Posts: 7,436 Forumite
    1,000 Posts Combo Breaker
    Yes, good luck with this farcical case.
    Je suis Charlie.
  • LandyAndy
    LandyAndy Posts: 26,377 Forumite
    Part of the Furniture 10,000 Posts
    Good luck.
  • Ishtar
    Ishtar Posts: 1,045 Forumite
    Part of the Furniture 1,000 Posts Photogenic Combo Breaker
    I've just been reading this thread with interest and wanted to wish OP good luck today.
  • wackojackouk
    wackojackouk Posts: 1,412 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Sitting at the court and they haven't listed it - smh.

    Going to see if someone can deal with it...
  • Good Luck!
  • dannyrst
    dannyrst Posts: 1,519 Forumite
    Sixth Anniversary 1,000 Posts Name Dropper
    Sitting at the court and they haven't listed it - smh.

    Going to see if someone can deal with it...

    typical! Been waiting for this for ages!
  • Good luck from a lurker :)
    Started 07/15. Car finance £6951 , Mortgage: 261k - Savings: £0! Home improvements are expensive
  • wackojackouk
    wackojackouk Posts: 1,412 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Hi guys

    Bad news I'm afraid. Well technically anyway.

    A judge finally went through the case and we each presented our arguments.

    I had to inform the judge that the claimant hadn't met deadlines and had sold the car on.

    They also brought with them no evidence of the repair being done (£700) or being sold for a loss of £200 on their original purchase price, claiming that is was a cash job.

    I thought things were going really well at this time because the judge was asking lots of questions they couldn't answer including what they were claiming for now (because things had changed) and I really couldn't believe my ears (nor could my partner) - at this stage I kind of expected to win despite the water works being turned on by the claimant.

    When the judge delivered her verdict it was that the fault was with car before sale even though that I was honest and probably wasn't aware of it. She went on to say that I said the car drives well and even though I could engage reverse that the fault was probably there. As I clearly volunteered the information I don't see how this was my fault but hey she's the judge.

    As she couldn't use the claimants evidence for repairs, she used the information I had given based on the labour quote from her mechanic and availability of second hand parts on ebay (which she didn't know were used or not) which was circa £500.

    As a footnote, at mediation I did offer a without prejudice offer of half (£250) toward repair when she asked for £1500. I am aware I was not obliged to do this but in the interest of not going to court and the fact when I advertised the car at £2500 I was really expecting £2000/£2100 so was effectively £250 up.

    The judge also awarded the court fee of £115 but did not award the hearing fee because I was reasonable and clearly followed instructions and I guess made an offer beforehand.

    Therefore I have to pay £615 within 14 days which I will do so today because even though I disagree (and I did tell the judge politely) I need to move on with my life.

    My partner is livid tbh but it just goes to show how the law "Caveat emptor" is not always applied.

    Thank you very much for your kind input and help over the past 5-6 months and it's defintely made me thing about selling a used car in future.

    WJUK
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