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

Marktheshark

They have to win the case first and then you would have to refuse to pay what the court ordered.
Then it becomes a CCJ.
What you have to decide is when will you stop paying what they demand, in six months the engine packs up, you paying for that as well ?
Two years down the line the brake servo goes, you paying for that as well.

At what point are you prepared to say no, it is your car and you must pay for repairs.
They get any sniff at all you are scared of the threats to sue you in court and you wont be buying anything, you will be running someone elses car for them.

Anyone can file a CCJ claim, anyone, winning one for repairs they have not even had done on a car sold in private sale is the hard bit.
They have not even had any repairs done, they are demanding you pay a quote, so they can have them done.

You were unlucky, you sold your car to two idiots who think you are going to be a push over.
I suggest you pull your courage up, this is life and they come one by one and prepare to fight back.

Quentin

wackojackouk wrote: »

Thanks guys

I'm going to get to it shortly. I'm worried about the court thing though as I think I read if I lose I could get a CCJ which will affect my credit rating. We're looking at moving house this year so this could ruin our plans.

This is unlikely to get into court.

But to correct the answer above in #82. Should you lose a county court claim against you them the judgement is against you as a CCJ.

This can be stopped from being put on the register only if you pay in full whatever the judgement is for. This will be the amount claimed plus all the court costs plus all the defendants allowable expenses plus all their travelling expenses.

If you pay the full amount within 30 days your CCJ won't be registered so no affect on your credit status.

If you agree to pay in instalments then the CCJ does go on the register despite you paying it off and stays on for 6 years irrespective of when you do finish paying

Marktheshark

Basically its the grown up version of offering you out in the playground.
You either have the bottle to go out or you give the bully what they ask for.

Which usually means they keep coming back until you do stand up to them.

matttye

wackojackouk wrote: »

Thanks guys

I'm going to get to it shortly. I'm worried about the court thing though as I think I read if I lose I could get a CCJ which will affect my credit rating. We're looking at moving house this year so this could ruin our plans.

So long as the item was as described, you have a good case.

If you said in your advert that it drives beautifully (like you did in your OP) and then the week the buyer bought it she's had gear problems diagnosed, you could be in trouble.

arcon5

And if you win, this chancer trying to bully you is left a couple hundred quid lighter after court costs and potentially having to pay your travel costs and days wage.

wackojackouk

Evening guys

I sent off my defence to the court on Friday via recorded delivery and according to Royal Mail was delivered on 16th (yesterday).

Got home tonight and received a Small Claims Direction Questionnaire Form (N180) with the same date on it.

Could someone tell me if this is just standard procedure please?

I presume it is as it was dated the same day (16th). Also does this mean that someone has not even looked at the case and as above is just a standard reply.

Thanks

WJUK

ps - Also I've seen a few people mention about the case not making it to court. How and when does this happen?

arcon5

Reasons it may not make it to court could be

claimant withdraws claim
claim is struck off (highly unlikely)
fees go unpaid by claimant
an agreement is reached at mediation

I can't fully remember what the procedure is but what you say seems to be standard practice so far. The claim will not be reviewed for the purposes of making a judgement until a date for the hearing is given and a judge will review the case prior and during.

You will be given the option to mediate prior to any hearing.

Marktheshark

The only option mediation offers a defendants is paying all the claim or paying part of the claim.
So of little use if you have a good case.

mcpitman

Good on ya wacko for standing your ground, MarktheShark is right these are simple bully tactics.

RE the court, if everything you have put is true, then you should be successful.

Maybe you can be really childish and countersue for distress! (joking)

wackojackouk

Received a letter in response to my defence today so really stressed and upset now especially since I am due to go on holiday on tuesday and it's pretty much going to spoil that.

Claimant is claiming £1500 for repairs including two/three parts now at over £700 + 8 hours labour and thats without the steam clean and investigating so called oil leak stuff.

They have their own business so are claiming damages for loss of earnings, phone calls, letters, stress/crying / parents mileage all sorts. i presume as being a business owner they are used to this sort of stuff - over 1k worth of damages

There is also a copy of a letter from mechanic about this issues with the car.

Not sure what to do or who to speak with now and limited time due to holiday.

Is it worth making an appointment with a solicitor because I don't need this at the moment. I have health issues albeit it minor and the stress is not helping. My chiropractor confirmed this yesterday.

WJUK

ps - if theres any solicitors etc who can help please pm me