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

arcon5

This is the kind of judgement I'd expect if you was a trader not an honest and genuine private seller.

robbies_gal

shocked tbh-whats the point of being upfront and honest when it just goes against you

i would also be put off selling privatel they could say anything in court to get their money back

Quentin

robbies_gal wrote: »

......i would also be put off selling privatel they could say anything in court to get their money back

Fortunately county courts cannot set a legal precedent.


The judge's decision in favour of the Claimant and then to reject the Claimant's costs for the hearing fee just don't make sense.

robbies_gal

thanks quentin didnt know that

still makes u wonder doesnt it-makes no sense

wackojackouk

The only thing I think has swung it was she asked the claimant if she had an issue during the test drive. She did struggle once to put in reverse when stopped but told the judge she was too embarrassed to try again.

As I said I demonstrated without issue or force and she confirmed that.

I guess this is the basis of her saying the fault was there even tho it was fine for me.

The big question is if you thought there was an issue why did you buy it or why did you not get a mechanic to inspect before. I did ask this as well and she couldn't answer.

the fact the case want listed properly and they had to find someone says it all tbh.

Paid the claimant and time to move on.:mad:

robbies_gal

thats what i mean she said she knew there was an issue but went ahead and bought it anyway-noone forced her to

b33r

Haven't commented at all but have been keeping up with this thread and just wanted to say now I'm gutted for you, ridiculous decision.

If I could afford to I would pay the costs associated with appealing for you. If Martin reads this thread hopefully he will as he's certainly a fan of appealing injustice!

captainawsome

What is the point buying from a dealer? When you can buy private KNOWING faults are present and have a court make the seller pay anyway!!

My private selling days are over anyway, this thread just puts the final nail in the coffin.

colino

The court clearly found you to be a trader and the professional in this dispute, otherwise they are completely misconstruing the law.

thistledome

wackojackouk wrote: »

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.

WJUK

Eh? So what? Surely this is only applicable to a trader?

Sorry to hear you've lost this case, OP. Sounds very wrong to me.

15 years ago I was sold a dangerously unroadworthy (bodged accident repairs) car by a private seller who lied about the car and nobody was interested, not the police, nor the CAB, nor a local solicitor who specialised in Motoring law - she said although I was in the right I wouldn't get anywhere with it. In fact, when I first spoke to the police they didn't know it was an offence for a private seller to sell a dangerously unroadworthy vehicle and when I told them they went and looked it up!

I wish I'd known about the Small Claims Court back then.

I think you should appeal, but I understand why you want to get it over with.