Private car sale

waamo

A solicitor will be a waste of money. Keep your defence simple. This was a private sale with no warranty or guarantee implied. The claimant was able to examine the vehicle (if they test drove it say so) and all the associated paperwork. The claimant paid a price they thought acceptable following inspection of the vehicle.

The claimant carried out repairs of their own volition that were not agreed upon. There is no basis in law for their claim as this was a private sale. The defendant was unaware of any significant issues with the vehicle. The vehicle had recently passed an MOT and as far as the defendant was aware the vehicle was in good working order.

macman

If they put in for small claims without sending you a formal LBA first then the court will take a very dim view of it.
You do not need a solicitor for small claims in the County Court. It's just you and the plaintiff in a room, around a table, with a judge in civvies.
Make sure you have all the paperwork, including the receipt of sale, and the receipt for the switch you had replaced, and the other work.
But I doubt they'll even turn up: it's a classic scam.
An 'engineers report' could be written up by their mate from the pub who once changed his own oil filter. Meaningless.
PS: you said 'private car sale', but it was a van. Was it sold by your business and/or purchased by his business? If so, consumer protection under CRA 2015 does not apply anyway.

parking_question_chap

Sounds like they planned to try this on before even buying it. If they were genuine they would just ask for their £3,000 back rather than £3,600.

Tell them firmly you will not pay them a penny and then cease all contact. Many on here will be able to help with your court defence.

Can op counter claim for costs against these scammers?

waamo

parking_question_chap wrote: »

Sounds like they planned to try this on before even buying it. If they were genuine they would just ask for their £3,000 back rather than £3,600.

Tell them firmly you will not pay them a penny and then cease all contact. Many on here will be able to help with your court defence.

Can op counter claim for costs against these scammers?

Cost for part of your defence and can be submitted on the day of the hearing (if one occurs). There is no need for a counter claim.

They are not always given though.

foxy-stoat

As long as it was a genuine private sale as described and you did not misrepresent it you will be fine. Have you still got the text of the advert, was it ebay or autotrader sale?

Neo17

I have the print off from the advert and everything on it is true the van was advertised at 3800 I reduced to 3300 and they bought for 3000 as we spotted a few dents and only one key. The buyer brought two other people with them and the 3 of them took it for a 20min tesr drive. I told them 3 days before it had an oil leak as was booked in to be fixed I have receipt and of the switch been done. And also have receipts for all the work had had done on it to pass mot. They said they sale was only and agreement that the oil leak was fixed which I did and was not aware of any other problem engine and oil or what ever they are saying. They contacted me to say it had broken down then got it recover to the garage and then after inspection that asked for refund I simply declined as I said I was not aware what they had some or how they had drove it and was a private sale. Told they I wasn’t liable but I would replace the switch or pay the money it cost for the switch they confirmed it wasn’t the switch that I had replaced that was the fault. It was the engine. That was a problem with. They want me to take the garage and have said they know it’s not my fault and want me to take garage to get my money back. But they said they are fully covered and not liable. The buyer sent me a letter then 7days later took me to court. I’m waiting for court dates or further information. I’m just worried as I know going to court will cost more and as a single female I really have no idea.

Neo17

And sorry yes put car meant van was all private sale no businesses involved

waamo

What did the letter they sent say? Anyway set out your defence in short points. Have you logged on an indicated your intention to defend yet? If not here is a guide to doing it for you.

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

It may still be useful to look through even if you have done the AOS.

almillar

'It had an oil leak, I got it repaired just before selling, here's the receipt, the garage said it was a switch. I told the buyers all of this before purchase and they were fine with it'.

If you can say the above honestly, I don't see how the buyer has a case. If he's telling the truth, he's driven off in a recently repaired van, never checked the oil level, and ran it dry and siezed the engine. That's all on him.

robatwork

Neo17 wrote: »

They have had and engineers report and to get fixed was 2900 saying that they can prove leak was their before they bought it. But I was honestly unaware of any other faults I’d spent over £1000 on it before sale ensureing it was all done.

They could have had their engineers do a report on the car BEFORE they bought it.

What they do after they bought it is not your responsibility.