Received a civil money claim - please help!

unholyangel

He hasn't made his claim anywhere. You presumably didn't advertise the car as just having the timing chain done or having a brand new alternator fitted. He's said you described it as a car with 48000 miles but hasn't provided any proof to show that description wasn't truthful. 

They did say it was advertised as serviced recently but as long as you can get a receipt for it or a letter from the garage who carried it out, I don't see how that would fail to meet its description. 

Plus, he's mentioned fit for purpose - the only two requirements of a private sale is that it must match it's description and you must have good title (ie you can't sell something you don't actually own). 

Point 3.2 about it never being in an accident....was this before or after sale? After sale doesn't matter. Before sale it might depend on your phrasing. I think it might have been after, I seem to think you previously mentioned replying saying it hasn't been in an accident that you knew of. But my memory isnt always the best.

452

unholyangel said:

He hasn't made his claim anywhere. You presumably didn't advertise the car as just having the timing chain done or having a brand new alternator fitted. He's said you described it as a car with 48000 miles but hasn't provided any proof to show that description wasn't truthful. 

They did say it was advertised as serviced recently but as long as you can get a receipt for it or a letter from the garage who carried it out, I don't see how that would fail to meet its description. 

Plus, he's mentioned fit for purpose - the only two requirements of a private sale is that it must match it's description and you must have good title (ie you can't sell something you don't actually own). 

Point 3.2 about it never being in an accident....was this before or after sale? After sale doesn't matter. Before sale it might depend on your phrasing. I think it might have been after, I seem to think you previously mentioned replying saying it hasn't been in an accident that you knew of. But my memory isnt always the best.

It also needs to be roadworthy if you allow them to drive it away. 

unholyangel

452 said:

unholyangel said:

He hasn't made his claim anywhere. You presumably didn't advertise the car as just having the timing chain done or having a brand new alternator fitted. He's said you described it as a car with 48000 miles but hasn't provided any proof to show that description wasn't truthful. 

They did say it was advertised as serviced recently but as long as you can get a receipt for it or a letter from the garage who carried it out, I don't see how that would fail to meet its description. 

Plus, he's mentioned fit for purpose - the only two requirements of a private sale is that it must match it's description and you must have good title (ie you can't sell something you don't actually own). 

Point 3.2 about it never being in an accident....was this before or after sale? After sale doesn't matter. Before sale it might depend on your phrasing. I think it might have been after, I seem to think you previously mentioned replying saying it hasn't been in an accident that you knew of. But my memory isnt always the best.

It also needs to be roadworthy if you allow them to drive it away. 

That's a criminal offence but TS don't prosecute private individuals for it. 

So you're back to civil law surrounding private sales - in which there is no assumption or condition about quality or fitness. 

Jumblebumble

MariusAdam said:

Jumblebumble said:

I have no idea what a court is going to say but the crucial question is when was the car presented for it's last MOT as this should have detected the missing lamps on the dashboard and airbag ? 
You could suggest that you assume that the 3 people who inspected the car were professionals and if they did not spot the issue 
why should you be able to.
If the buyer has bought the car with a short MOT he has found out it's true value which is  £100 mixed metals at the crushers
I doubt that anyone  is going to be at all interested in  what you paid for the car or where you got it from

The MOT was done a moth before I purchase the car. Like I said, the new MOT, HPI check and the fact that my brother in law was with me when I purchased the car (he knows more about cars than me) makes me think that this guy is trying his luck with me. I used that car for 8 months for 15-20 miles daily commute and had absolutely no problem with it. I can't believe that car could have all these problems.

Edited
Having seen the state of this car at Copart on the other thread I am stunned that it passed an MOT in June 2019 with apparantly no advisories and with no airbags and all lights not working and I am not surprised you are being persued
I would certainly not buy a 2011 car which had had been more than a year with out MOT without a damn good explanation
Good luck in keeping your nerve as you may not be aware but District Judges are quite capable of not adhering strictly to the law and if they do there is nothing much you can do about it. 

Well like I said my view is that it is hard to have any sympathy for anyone stupid enough to buy  an old nail with 3 months MOT who does not know what they are doing ( which this buyer clearly did not) and I would hope that if it comes to court a District Judge will be of the opinion that if the buyer wants a warranted car he should buy from a dealer and insist on a fresh  MOT