partners car sold now buyer says there is a problem with it.

GeX said:
don't bother, it will never go to court. google it
Click to expand...

All it takes it fill in a claim form with a cheque for £30 or so and the next thing the OP get will be an acknowledgement of service and he'll be required to file a defence. The claimant will likely to be a litigant in person. Who wins will be decided at trial if they don't settlem and since we don't the OP has nothing to worry about and can't afford the refund, he will go to trial so he win his case there.

At most, a judge will throw it out at the preliminary hearing. But wait, that take place at court, not on a forum.

It's one thing to say the law is on the OP's side, it's absurd to say it will never go to court.
 
My point is that the buyer is using it as a threat, and as soon as they spend 30 seconds looking into it then they'll not even consider taking it any further as there is no way it'd rule in his favor.
 
robgti said:
It is a 04 model with 31k on the clocks. Strange thing is that his mam has said he has not drove it apart from when he bought it so how does he know it is broke?

They have asked for a refund of half and if we do not agree to it then they will go down the small claims route. To my own and partners knowledge there was nothing wrong with the engine at all.
Click to expand...

Cool - tell him you'll see him in court. Tell him to bring a chair as he won't have a leg to stand on...
 
GeX said:
My point is that the buyer is using it as a threat, and as soon as they spend 30 seconds looking into it then they'll not even consider taking it any further as there is no way it'd rule in his favor.
Click to expand...

You can't predict human behaviour, people do weird things, especially a litigant in person with no legal counsel! They set their mind in something and they will sue for anything. I've seen people sue for £8 million when the case is worth £60k. They even fired their own solicitor or the solicitor decided they can no longer act for him, probably because his lawyer told him he will never get that much and he disagreed so they parted and continued to sued for the absurd sum.

If the buyer in this case is annoyed enough, for the sake of £30 to file a claim form in the hope of getting his money back...he will do it, it's only £30!
 
If he turns up at the house and harasses anyone call the police. They will remove him. Especially if it's a female who calls 'in distress'.

Tell him it's his car and his problem. You are a private individual and the car was sold with no warranty.
 
There is only a claim if you have misrepresented the car, ie in an Ad said the car was in excellent condition and no faults. Otherwise he is outta luck :)
 
Dr Who said:
There is only a claim if you have misrepresented the car, ie in an Ad said the car was in excellent condition and no faults. Otherwise he is outta luck :)
Click to expand...

Would that really be false advertising though? If he had no idea the engine was going to go, and other than that it was in great condition then it's fair to advertise it as so.
 
DAnDan said:
Would that really be false advertising though? If he had no idea the engine was going to go, and other than that it was in great condition then it's fair to advertise it as so.
Click to expand...

False advertising is more like advertise to sell a smart car, the buyer ended up with a micra, misrepresentation would be the route the claimant should go for if he decided to issue.
 
DAnDan said:
Would that really be false advertising though? If he had no idea the engine was going to go, and other than that it was in great condition then it's fair to advertise it as so.
Click to expand...

From Which

which said:
Misleading description of a second hand car

I bought a second hand car from a private seller who advertised in the local paper. He said that the car was in excellent condition and had been serviced regularly but a week after I bought it, it broke down and now needs expensive repairs. What can I do?

Since it is clearly not true that the car was in ‘excellent condition’, you have two possible claims against the seller: ‘breach of description’ and ‘misrepresentation’. In either you can reject the car and get your money back, or keep it and ask for compensation (usually the cost of repairs).

Contact the seller, explaining what happened, and what you want done. If they refuse to do what you ask, you will have to take them to small claims court. However, you must have the seller’s address to be able to do this.
Click to expand...
 
What on earth are you all still going on about, tell the bloke to **** off and the jobs done.

Make me laugh i wouldnt even dream of talking to the last owner about a problem on a car i bought private, you owe the bloke jack ****.
 
Dr Who said:
From Which
Click to expand...

Yeah that makes sense.

I'm interested to know what would happen though if it was advertised as good condition, which was (to the knowledge of the seller) completely true (as in it worked fine, had all the services done properly), but a fault that the seller had no idea about caused the car to breakdown soon after being sold, what would happen then?
 
DM said:
What on earth are you all still going on about, tell the bloke to **** off and the jobs done.

Make me laugh i wouldnt even dream of talking to the last owner about a problem on a car i bought private, you owe the bloke jack ****.
Click to expand...

Well up to now it is his mam doing all the talking so not sure where he is at.
 
Last edited:
DAnDan said:
Yeah that makes sense.

I'm interested to know what would happen though if it was advertised as good condition, which was (to the knowledge of the seller) completely true
Click to expand...

I am guessing the court would want to see that you had done a vehicle inspection or taken all reasonable steps to ensure you had not misrepresented the car, a service a few days prior would probably suffice :)
 
You must log in or register to reply here.
Back
Top Bottom