Sold Campervan buyer wants money back

jimjames

Mutton_Geoff said:

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.

As per my previous post it's even more in the seller's favour as inspected by 3rd party too.

Private sale, buyer had independent inspection done, buyer saw, approved, paid & left. No warranty implied or offered. End of story.

motorguy

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.

Thats why i said "ASK" about payment terms.  I never suggested just setting your own.

I'd definitely be investigating payment terms.  See if its a possibility IF she loses or has to pay any amount at all

mandy1955

Hi all.  Not been well the last few days so not replied or commented on posts.
However,  I rang the court helpline number who sent me a link so I could fill in the response form and post it to them.  I sent it recorded delivery and they signed for it on 29th August.   My response included advice from posts on here and it was polite, I stuck to actual points and kept it factual and honest.   It's now been uploaded and sent to the claimant who wants it to go to court.  That's ok by me as I can give my answers honestly and without any fear of standing up for myself as all I said was true.  My friend is named as a witness as she came to the sale to drive me home.
He is asking for the hearing in his home town 150 miles from me, stating his wife is disabled and can't travel, although they took two trains to meet up to buy the van and I drove it 98 miles to get it over halfway to them to help. I have requested my local court, the helpline said it could be remote also. 
He has listed the days he can't attend which are 5 days out of each week for the next few months due to his work. I'm free anytime as I'm 69 and retired.   If I have to pay anything if things go his way I would be requesting from the court time to pay and at my age a County Court judgement would not be the end of the world as I've not used credit for years.  It would ruin my great credit history tho.  I will come back to let you know how it goes as so many people don't and after all the help you have all given me its only fair and decent to update you all.  Wish me luck. x

Stubod

..a for the update..wishing you luck in spades...and I still can't believe this is going to court!!

chrisw

You would only get a CCJ IF you lost and IF you then refused to pay what the court ordered. Fingers crossed for you.

Mutton_Geoff

I thought with these cases, the defendant had the right for it to be heard at their local court?

born_again

Mutton_Geoff said:

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.

Private sale, buyer representative approved, paid & left. No warranty implied or offered.

From Op

 Anyway, he lives about 4 hours from me but has a friend near me who came to inspect it for him, he agreed it's a great van and even said if his mate didn't have he would buy it.

TBH, this all the hallmarks of someone buying a van for a holiday & then finding reason to give it back & get their money back, or a serious case of buyers remorse..
Thankfully OP is fighting this.

Jenni_D

Mutton_Geoff said:

I thought with these cases, the defendant had the right for it to be heard at their local court?

It's usually the Claimant's choice of court ... it only differs if the Claimant is a company and the Defendant is a consumer, in which case the consumer (D) gets the choice. As this case is (probably) consumer vs consumer then the C gets to choose. Ultimately though it'll be whatever the court system decides - might even be a remote hearing via MS Teams or similar (which was used a lot during COVID lockdown).

Goudy

Good luck.

As an aside, did anyone read about Mr Humber?
He's been buying or trying to buy cars as a distance sale and then exploiting the system later to get his money back.

So he's been using these cars and trying to return them at a later date when they have depreciated rapidly.

He came unstuck when it tried it with a dealer that didn't do distance selling but took the car off sale for a deposit (which is now recommended to be called a reservation fee).
  
A good news story from the courts about used car chancers might cheer you up and spur you on.
Used car dealer wins legal fight against customer who exploited distance-selling loophole – Car Dealer Magazine

BlueHarbourBouy

If you have to go ",to court", nothing too formal. really an office in a court building. Judges go out of their way to put defendant at ease