I sold my van now he wants money off

Advocado

BOWFER said:

kitch85 said:

I have received court papers and u have replied online with my defence plus all evidence I have of him being friends with the mechanic and all the correspondence,
He emailed a few days later saying he was going to get a second mechanism opinion, but he would accept £700 back and close the case 

This is downright weird.
He's allegedly gone to the bother of raising (presumably) a small claims court claim on the word of one mechanic, but is willing to get a second one.
Wouldn't you do that before raising the claim?
And is looking for an 'out of court' settlement as well?
If it were me I'd be responding "as you have raised a court claim against me I am ceasing all communication and will only communicate with the court - any further communication direct from you will result in me calling the police about a harassment charge"

A court would frown upon one of the parties ignoring communication, so this could go against the OP.  

The courts want them to sort it out and settle before a hearing, so encourage communication.  But it doesn't mean the OP needs to actually accept any offers unless they want to.

BOWFER

Jenni_D said:

caprikid1 said:

Jenni_D said:

BOWFER said:

And is looking for an 'out of court' settlement as well?
If it were me I'd be responding "as you have raised a court claim against me I am ceasing all communication and will only communicate with the court - any further communication direct from you will result in me calling the police about a harassment charge"

Unfortunately it doesn't work like that ... the parties are expected to try and reach a settlement prior to a hearing. Indeed there may even be a preliminary hearing (30 mins) to try and reach a settlement, to avoid a full hearing. So him making contact on that basis would not be harassment and the police may give the OP a ticking off for wasting their time.

Still no need to make any offer or settlement as you do not have to and he is just playing the game / being a bully and clearly does this frequently as he know's the process/

I agree - I was merely addressing the harassment point.  

I'd say the OP has a fair case for harassment already.

kitch85

So what should I reply with ?

Jenni_D

kitch85 said:

I have received court papers and u have replied online with my defence plus all evidence I have of him being friends with the mechanic and all the correspondence,
He emailed a few days later saying he was going to get a second mechanism opinion, but he would accept £700 back and close the case 

Was that email headed Without Prejudice at all?

IF you feel the need to respond, just reply to thank him for his offer but you are declining it, and will let the judge decide based on the statements and evidence provided.

kitch85

This is what he sent to me 

The van has been taken to a another mechanic to get a second opinion on. As I believe in this instance is the best thing to do.

I will get the report sent to you soon as I get it.
Place I’m taking it to is called: Cartech Services, in Tunbridge wells.

I’m happy to drop the Court Case and take £700.00. £200 more than you offered me.

Alternatively with your email stating: with a full report done on the vehicle you will offer a full refund within 30 days. This is all I’ve got to produce in court.

I’m way too busy to deal with all this at the moment and need a working van.

Please let me know what you wish to do?

Thank you

I want to say I wont be accepting the van back or any offer because they are both void due to his actions , any advice ?

Jenni_D

kitch85 said:

Alternatively with your email stating: with a full report done on the vehicle you will offer a full refund within 30 days. This is all I’ve got to produce in court.

Did you actually email him and state that? If yes then you should have told us sooner - that puts a completely different slant on things, as it becomes an agreed post-contract term and significantly strengthens his case.

facade

kitch85 said:

Alternatively with your email stating: with a full report done on the vehicle you will offer a full refund within 30 days. This is all I’ve got to produce in court.

As you have shot yourself in the foot, the best outcome is going to be buying him off for £700, as he says, only £200 more than you were willing to give away in the first place.

The alternative is take it back, and try and sell it again without losing £700

If you do take it back, check the engine number, not unheard of to swap the complete power unit, engine & gearbox.

kitch85

No I said I would offer a full refund if he could prove the issue were present per purchasing, as he said nothing about the clutch or turbo until two days later I dont think I'm liable for them

kitch85

Pre purchase

kitch85

He had the van two day before he said there were issue with the clutch and turbo, he took the van to a friend therefore his friends report is biased hence why hes getting a second opinion, but this is now a week later, I have no idea what the first mechanic / friend has removed or swapped or changed on the van in that week so my offer is now void surely,

If he had called me the moment the van started smoking then we could of arranged to take it to a neutral garage, but he didn't he took it to a friends garage then told me the next day what he had done meaning he has assumed responsibility for any known and unknown issues.