Private car sale....now being taken to small claims court
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unholyangel wrote: »You can fail an MOT if your number plate bulb is out but I can't see how it would involve a danger of injury to anyone.
Yes, of course that is true, but the suggestion being made is that an unroadworthy vehicle cannot pass a MOT test.0 -
Yes, of course that is true, but the suggestion being made is that an unroadworthy vehicle cannot pass a MOT test.
An MOT which was carried out immediately before the sale would be useful in helping prove the car was roadworthy when sold. An MOT which was undertaken in November 2016 would not.You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride0 -
All you can do is defend the claim factually.
1. You used the car for 6 months and never had a problem.
2. The buyer inspected the car, test drove it and was happy with it. They declined the opportunity to have it checked over by a mechanic.
3. The buyer refused to show you the garage report showing the issue, nor would they even give you the name of the garage who carried out the alleged diagnosis.
4. As a gesture of good will, your hubby (a mechanic) was happy to try and help, but as the buyer could provide no evidence of any fault, this was impossible.
As you bought it off the neighbour, could they provide a statement saying they never had any problems with it?Should've = Should HAVE (not 'of')
Would've = Would HAVE (not 'of')
No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)0 -
Can you show the defence you entered ?I do Contracts, all day every day.0
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I'm not sure OP is even at the stage of entering a defence? (I hope not ... the 1st step is to acknowledge a claim but not to enter a defence at that time. If any defence is entered at acknowledgement then those are the only defence points that can be used. Acknowledging then gives 28 days total [from data of claim] in which to enter a defence).
The defence is filed at Witness Statement (WS) time, and then supported by a Skeleton Argument which includes all reference materials pertaining to the WS.0 -
I'm not sure OP is even at the stage of entering a defence? (I hope not ... the 1st step is to acknowledge a claim but not to enter a defence at that time. If any defence is entered at acknowledgement then those are the only defence points that can be used. Acknowledging then gives 28 days total [from data of claim] in which to enter a defence).
The defence is filed at Witness Statement (WS) time, and then supported by a Skeleton Argument which includes all reference materials pertaining to the WS.
This is good advice. At that point that you need to enter a defence and assuming its a private sale, the defence could be Caveat Emptor. Basically this mean 'buyer beware', but you must be able to demonstrate that:-
1) You accurately describe the second-hand car, for example, your ad must have not said that it was roadworthy if it was not.
2) You did not misrepresent the second-hand car, that is tell you something about it which isn't true. For example, if asked you did not say that it was roadworthy if it was not.
Hope this helps.
Edit
I've just read other posts in this thread which basically have also given the same advice - sorry for duplicating this information and to the others contributers.0 -
Yes, you are the second person on this thread to use the term 'Caveat Emperor'.MoneySavingNovice wrote: »- sorry for duplicating this information...
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I'm guessing it's a speel chooker thing. 0
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Always the same replies to these sorts of threads - yet in reality it doesn't always work out like that in court!0
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HiI'm not sure OP is even at the stage of entering a defence? (I hope not ... the 1st step is to acknowledge a claim but not to enter a defence at that time. If any defence is entered at acknowledgement then those are the only defence points that can be used. Acknowledging then gives 28 days total [from data of claim] in which to enter a defence).
The defence is filed at Witness Statement (WS) time, and then supported by a Skeleton Argument which includes all reference materials pertaining to the WS.
The defence and witness statement are very different documents.
The defence has to be filed within 28 days as you say. It is supposed to be a short document setting out which allegations are accepted, which are denied and which the claimant is required to prove.
Witness statements are supposed to be a more detailed description of exactly what evidence the witness is going to give in court. Witness statements come several months after the defence.
After the defence is filed a case gets allocated to the correct court. Then mediation is arranged (if appropriate). Then the court gives directions. Then a hearing date is booked. In small claims track the normal direction is to file witness statements 7 days before the hearing.
It isn't necessary to bother with skeleton arguments in small claims track. Not many people do. If you want to have a written skeleton argument, these are usually provided to the court and your opponent 24 hours before the hearing.0
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