Sold Campervan buyer wants money back

eskbanker

mandy1955 said:

eskbanker said:

mandy1955 said:

Claimant:
however looking on a receipt for work carried out 25/01/2021 leaks engine- auto box pipes, this work was not carried out and Miss ******* knew fair well ,this was an issue and has been dishonest once again

He says he has a receipt for work carried out then says this work was not carried out??  He then says I knew about this... this was 6 months before I owned the vehicle.   He says the receipts are for work done, you don't get receipts for work not done. 

Isn't he trying to make the case that there was an advisory at that time, but that there is no evidence of the work being done on the receipt for (other) remedial actions, and that this contradicts your position that everything reported on advisories was fixed?  Not saying that his position is tenable, and obviously if this was before your ownership it's an even weaker argument, but I think that's what he's trying to say?

I don't think so, he says he's looking at receipt for work done, not an advisory. 

During the time the van was in my ownership all advisories were done anyway and there were none on the most recent MOTs as I had it maintained throughout the year. 

I don't think you're understanding my point which is that, because you've reiterated that message about all advisories being done, he thinks he's found an advisory without evidence of the corresponding rectification being done (on the work receipt following on from the advisory), and therefore wants to portray that as symptomatic of dishonesty.  As above, I don't think it's a strong argument (especially if you made it clear that you were referring specifically to advisories during your ownership being fixed), but I was just trying to explain what I believe he's meaning....

lincroft1710

A receipt for work done usually proves the work was done. No receipt means just that, no receipt available. Lack of a receipt does not prove work was not done. I have had various work carried out by tradesmen for which I have no receipts.

Okell

Without knowing all that the claimant is alleging in their psrticulars of claim it's very difficult to suggest to the OP how best to handle this

jimjames

One thing not being mentioned is from the original post. The buyer had a friend come and inspect the van on his behalf. Surely he should be taking up any issues with the friend. If the friend didn't spot the issues then why should the non-mechanic owner be aware? Either way it should definitely be part of the defence that the buyer had the car inspected and went ahead on the basis that they were happy with the findings. If their inspector wasn't up to the job that's not the seller's problem.

maxmycardagain

Beware the chancers, tell him to take you to court

GrumpyDil

maxmycardagain said:

Beware the chancers, tell him to take you to court

He already has! 

KeithP

motorguy said:
IF IF IF this isnt thrown out of court and the weasel does win, i'd be asking for payment terms, given you are living on state pension (not sure if thats possible in this case but i'd definitely be finding out).  Offer to pay a minimal amount - £10 a month.

Be careful with this.
If the OP loses the court case, and doesn't pay the full amount ordered by the court within the timescale allowed - usually one month, then a County Court Judgment will remain on the OP's file for six years, making it difficult and/or expensive to raise credit.

facade

KeithP said:

motorguy said:
IF IF IF this isnt thrown out of court and the weasel does win, i'd be asking for payment terms, given you are living on state pension (not sure if thats possible in this case but i'd definitely be finding out).  Offer to pay a minimal amount - £10 a month.

Be careful with this.
If the OP loses the court case, and doesn't pay the full amount ordered by the court within the timescale allowed - usually one month, then a County Court Judgment will remain on the OP's file for six years, making it difficult and/or expensive to raise credit.

That is why payment terms have to be agreed with the Court.

If you can't pay it in one go, no Judgement on Earth can change that, so they have to set terms.

Mutton_Geoff

Good luck to the OP. I can't help thinking that if there had been zero contact with the buyer from the outset then they may not have had the impetus to issue a claim.

It was a private sale. Buyer beware. Let's hope the court agree.

OP, you seem to be providing rope to the buyer which will be used to hang you. Just keep your defence simple. Private sale, buyer saw, approved, paid & left. No warranty implied or offered. End of story.

WellKnownSid

Mutton_Geoff said:

Just keep your defence simple. Private sale, buyer saw, approved, paid & left. No warranty implied or offered. End of story.

This 100%… you (OP) are not an expert in motor vehicles, don’t try to make out you are.