Private sale help

Manxman_in_exile

Stop communicating with them!

You need do absolutely nothing but forget about all this unless and until you are notified by the court that a court claim has been issued against you.  It is then - and only then - that you need to take any action.

[NB - so long as you've done nothing wrong, you can safely ignore a letter before action whether it's from a solicitor or a private individual.  A LBA is simply a formality that a claimant must go through before issuing a claim.  It does not mean they are going to make a claim!  It's often an empty threat used to make weak people cave in.  What you  must never do is ignore anything from a court, but courts don't send out LBAs]

I would advise you not to update this thread again unless you have been notified that a claim has actually been issued against you.

robatwork

You won't get a court summons - it's all hot air.

If you do I'll name my next children Martin and then Lewis.

Grumpy_chap

Mrs44474 said:

Could I ask what you would be advising me, if the shoe was on the other foot. 

If I came and said:

 I just bought a vehicle off of a private seller 3 weeks ago which broke down after a couple weeks, and it's been said to be the timing chain has broken.

Would you be advising just as youre advising me? Or would you be telling them to take it further?

I'm just trying to put myself in their shoes and I imagine everyone on their side of the argument is going to say we're in the wrong ripping them off. Which obviously I disagree with; we can't tell the future. 

Quite coincidentally, someone asked almost exactly that yesterday morning - you might wish to follow the thread to see how it develops.  The advice there seems consistent to the advice here:
https://forums.moneysavingexpert.com/discussion/6388543/rejection-of-car#latest

Manxman_in_exile

robatwork said:

You won't get a court summons - it's all hot air.

If you do I'll name my next children Martin and then Lewis.

I hope for the OP's sake that your future daughters don't end up regretting your rashness...

Mrs44474

robatwork said:

You won't get a court summons - it's all hot air.

If you do I'll name my next children Martin and then Lewis.

Haha ill remember this! 

Mrs44474

Grumpy_chap said:

Mrs44474 said:

Could I ask what you would be advising me, if the shoe was on the other foot. 

If I came and said:

 I just bought a vehicle off of a private seller 3 weeks ago which broke down after a couple weeks, and it's been said to be the timing chain has broken.

Would you be advising just as youre advising me? Or would you be telling them to take it further?

I'm just trying to put myself in their shoes and I imagine everyone on their side of the argument is going to say we're in the wrong ripping them off. Which obviously I disagree with; we can't tell the future. 

Quite coincidentally, someone asked almost exactly that yesterday morning - you might wish to follow the thread to see how it develops.  The advice there seems consistent to the advice here:
https://forums.moneysavingexpert.com/discussion/6388543/rejection-of-car#latest

Thank you! I'll keep an eye. 

Mrs44474

Hello!

We have received another letter, they have proposed ADR.. Then quoted "I refer you to the practice direction on pre action conduct under the Civil Procedure Rules and in particular to paragraph 13-16 which sets out the sanctions that the court may impose on you if you fail to comply to practice direction." 

This makes it seem like we're obligated to,or the court would potentially look badly upon us for ignoring? 

What do you think? 

DE_612183

I'd be tempted to ask them which pre-action protocol are they referencing and a link to the relevant paragraphs...

Mrs44474

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/pd_pre-action_conduct#13.1

It says "The court may decide that there has been a failure of compliance when a party has—

(a) not provided sufficient information to enable the objectives in paragraph 3 to be met;

(b) not acted within a time limit set out in a relevant protocol, or within a reasonable period; or

(c) unreasonably refused to use a form of ADR, or failed to respond at all to an invitation to do so."

user1977

I can't see that makes any difference if they don't have a case to start with.