Second hand car buyer - making claim

Hinksir15

We sold a car privately to an individual having accepted £500 less than the asking price. A test drive was had, although only a brief one was accepted as he said he didn’t have time to take it far.

Now, two weeks later we have had a money claim made against us as he says it wouldn’t start the day after he got it home.

There is a receipt from a garage detailing the problem and the amount paid so I can’t doubt the work has been done. However, we sold the car in good faith, with no mechanical issues, full service history and recent MOT.

We will of course defend the claim on the grounds that the car was running perfectly prior to sale. The only reason for selling was that it was no longer needed due to me being given a car with my new job. Which the buyer knew.

My question is, is there something we should have done to prevent this happening? Will a court look down on us for not having a mechanical inspection? I’m concerned we have missed something given that the buyer will have paid a fee to make a claim so they would be reasonably certain they are right?

Thank you in advance,

motorguy

Hinksir15 wrote: »

We sold a car privately to an individual having accepted £500 less than the asking price. A test drive was had, although only a brief one was accepted as he said he didn’t have time to take it far.

Now, two weeks later we have had a money claim made against us as he says it wouldn’t start the day after he got it home.

There is a receipt from a garage detailing the problem and the amount paid so I can’t doubt the work has been done. However, we sold the car in good faith, with no mechanical issues, full service history and recent MOT.

We will of course defend the claim on the grounds that the car was running perfectly prior to sale. The only reason for selling was that it was no longer needed due to me being given a car with my new job. Which the buyer knew.

My question is, is there something we should have done to prevent this happening? Will a court look down on us for not having a mechanical inspection? I’m concerned we have missed something given that the buyer will have paid a fee to make a claim so they would be reasonably certain they are right?

Thank you in advance,

They're chancing their arm and hoping you'll pay.

As long as the advert wording didnt say something like "fault free" or "driving perfectly" or "no issues" then you'll be fine.

Bemusing that they just whacked in a claim rather than contact you - i guess thats the way of the world these days.

How much was it for and what was the work completed?

Head_The_Ball

Hinksir15 wrote: »

We sold a car privately to an individual having accepted £500 less than the asking price. A test drive was had, although only a brief one was accepted as he said he didn’t have time to take it far.

Now, two weeks later we have had a money claim made against us as he says it wouldn’t start the day after he got it home....

Was that without any prior contact?

If they have raised a claim via MCOL, make sure that you file your acknowledgement and defence within the required timescales as otherwise your risk a default judgement in their favour.

Good luck.

motorguy wrote: »

..Bemusing that they just whacked in a claim rather than contact you - i guess thats the way of the world these days...

The courts look very unfavourably on people who jump straight to litigation without first making reasonable efforts to resolve disputes.

atrixblue.-MFR-.

hmm seems they are procedurally out of order and have not followed pre action protocols.


http://www.justice.gov.uk/courts/procedure-rules/civil/rules/pd_pre-action_conduct


In my honest opinion the claim is void based on the fact there has been no pre action contact at all.

JP1978

They have done the MCOL in the hope you will brick it and pay up straight away. I am sure that many people would.

Looks like they have shot themselves in the foot with not contacting you in the first instance.

Head_The_Ball

JP1978 wrote: »

They have done the MCOL in the hope you will brick it and pay up straight away. I am sure that many people would.

Looks like they have shot themselves in the foot with not contacting you in the first instance.

Or they hope that the OP will ignore it and they will get a default judgement.

OP, as above, ensure that you file your acknowledgement and defence within the required timescales.

konark

Yes, it's important to file the defence promptly stating that you are a private seller, the buyer test drove the car and was satisfied with it and never contacted you with any grievances before making the court claim.


My money is on the buyer being either a total Twonk, or a driveway trader who's probably already sold your car for what he bought it for plus the £500 he got off it and fancies a second bite of the cherry with a dodgy receipt from a mate who works in a garage, hoping that you'll either just pay up or forget to defend and he wins by default. The reason he forgot to contact you was because he's got dozens of these scams going on and he's lost tabs on who he's called.

twhitehousescat

wait a second before filling forms out , yes you acknowledge it , but you do not enter ANY INFO at all not even a full stop

if you do , that's it , you cannot add or amend , let them send full particulars that they are going to use in court , at later point , THEN you retaliate ,

and YES they have failed to follow correct procedure , case should be kicked out

waamo

Here is a pictorial walk through of how to complete the forms and when

https://www.dropbox.com/s/xvqu3bask5m0zir/money-claim-online-How-to-Acknowledge.pdf?dl=0

twhitehousescat

I was just about to post bargepoles parking version

OP , substitute "car buying scum" for parking company

1. You have received a Claim Form from a private parking company. It is not a summons, it is not a CCJ, it is what it says on the tin, and they (or their solicitors) are claiming that you owe them a specified sum of money, for alleged unpaid ticket(s). You must NOT ignore this (unless you really want to appear on Can't Pay? We'll Take It Away), and you have just 14 days to Acknowledge Service of the Claim.

2. You should now Acknowledge Service of the claim, ticking the box that says you will defend in full. Do NOT put anything in the 'Defence and Counterclaim' text box, not even a full stop. By doing this, you have extended the time to submit a defence to 28 days from date of service, which is the date printed on the claim form plus 5 days. Now it's time to burn the midnight oil, and research relevant defences on these forums. Only look at recent stuff, and don't just blindly cut and paste text, you must adapt it so that it's relevant to your claim.

3. Your Defence does not need to be War and Peace, but it must mention, however briefly, every point of fact and law that you intend to rely on. You won't be able to amend it or add extra points later without paying a court fee, but you can expand on the original points in more detail. The Defence should be headed 'In The County Court', then show the case number, the names of the parties indicating who is the Claimant and who is the Defendant, and have the word 'Defence' at the top, and at the bottom say 'I believe the facts stated in this Defence are true' then your signature and date. It should all be formatted with numbered paragraphs and pages, in Times Roman 12pt, with 1.5 line spacing. I recommend printing and posting (registered) to Northampton, trying to fit it in the online box destroys the formatting, and makes it hard for the Judge to read.

4. After sending off your Defence, the Northampton Business centre will send a copy to the Claimant, and then send a Directions Questionnaire (form N180) to both Claimant and Defendant. You must complete this by the date given, and send it back to Northampton, with a copy to the other side (or their solicitors if they've nominated one as the address for service). The recommended answers to the questions are as follows:
A1 = NO to mediation (they want the whole amount, you want to pay them nothing, so no scope for mediation. This will not go against you)
B = fill in all the details, name, address, etc
C1 = YES to small claims track – this is the limited costs track for claims up to £10,000 in value
D1 = name of your local County Court – unless you are a Ltd company, the case files will be transferred there
D2 = NO to expert evidence (this relates to medical negligence cases and suchlike)
D3 = 1 witness (that’s you) (or more if you are going to get another person to provide a statement)
D4 = Put down the dates of any pre-booked holidays, NO to interpreter (unless you need one).
Note: Gladstones are currently including a 'request for special directions' asking the Court to hear the case on the papers only, without an oral hearing. You should oppose this, and include the following text in D1: “The Defendant opposes the Claimant’s request for special directions, and requests that the case be listed for an oral hearing at the defendant’s home court, pursuant to CPR 26.2A(3)”.

5. The case file will then be transferred to your local County Court, and you will eventually receive a Notice of Allocation, giving you a date and time for the hearing. It will also specify a deadline for you to submit a Witness Statement, and any other documents you intend to rely on, usually 14 days before the hearing but sometimes earlier than that. Your Witness Statement can expand upon the points made in your original Defence, and must start with the following "I, Joe Bloggs, of 23 Acacia Avenue, Anytown, AN1 2BC, am the Defendant in this matter, and will say as follows". You should attach to your Witness Statement any evidence to support your assertions, eg photos of signage, etc. Optionally, you may also want to include a Skeleton Argument to flesh out the legal points, or you could include those as part of your Witness Statement.

6. On the day of the hearing, turn up at least 30 minutes before the listed time, give your name to the Court Usher, and make sure you know which hearing room your case will be heard in. These small claims cases are very often heard in a side room, and it will just be the Judge, you, and the other side's representative sitting around a table - no gowns, wigs or juries, and you won't be hauled off to Guantanamo Bay in an orange jumpsuit if you lose, so nothing to be scared of. Dress as if you are going to a job interview, address the Judge as Sir or Madam, and only address your remarks to the Judge, not to the other side. Be polite at all times, don't rant or get into an argument, and if the Judge is against you on one point, move on to the next. Also bear in mind that Courts often overbook cases, and yours may not be called at the scheduled time, so if taking time off work, it's best to book the whole day.

7. The usual procedure is that the Claimant gives a summary of their case, then the Defendant gives a summary of theirs. The Judge may interrupt at any point, and ask questions of either side. Having heard from both sides, the Judge will then sum up and give Judgment (a bit like Lord Sugar on The Apprentice, so keep quiet during this). if he finds for the Claimant, you will have to pay the amount on the Claim Form, plus a hearing fee (£25 if the claim is under £300). If he finds for the Defendant, the claim is dismissed, and you have nothing to pay. You can also ask the Judge to award your costs, which are max £95 for lost earnings, return mileage to court at 45p per mile, and parking. Payment is normally due within 14 days, so if you have to pay, make sure you do that and nothing will appear on your credit file.

As with most things, good preparation is the key - make sure you know your arguments back to front and inside out, and can articulate them well on the day.

eamon

I would have thought that MCOL is the wrong avenue for a private sale car buyer to be using to dispute a purchase against another private sale car seller. Surely Caveat Emptor apples here?