Private car sale to trader - received court claim

[GBExile]

Oh & my first line would be something like. Just to ram it into the Judge would be something like:

1: The Claimant is a vehicle trader.

Then do everything in date order. EG:

2: I had ******** vehicle for sale blah blah

3: Name of applicant contacted me on such & such date

[DTrebor]

Thanks, again. Will assemble my defence.

[GBExile]

So to confirm - the Defence is not just about accepting or denying the claims made in the Particulars of Claim, it is about adding everything else you know to be a fact that isn't mentioned? (essentially everything I know to be true).

I had assumed that all of the screen shots, etc of pertinent info is stuff I'd use in the Witness Statement, if it got that far. Is it the case that if it is not mentioned now in the Defence that it can't later be introduced?

I have been responding to the claim online so far - I'm not sure how I would add screenshots etc to that as from the looks of it its just a single text box field that I have to fill out?

Other people on here know better but in this instance I would be filing everything in the first instance via special delivery to court with consequential losses insurance to cover the court case if Royal Mail lost the document & Special or 1st Class recorded to him. And add a counter claim for expenses.

The bloke has even published you looked after the car in line with the manufacturers guidelines to their exact specification. .

When he reads your full defence I have no doubt he will not continue (but saying that he is an idiot)..

There is overwhelming evidence he is trying to rob you via the court & deceive the court & that does not go down well at all.

If you post everything we know then no one will disagree on here. But ask them.

[DTrebor]

So to confirm - the Defence is not just about accepting or denying the claims made in the Particulars of Claim, it is about adding everything else you know to be a fact that isn't mentioned? (essentially everything I know to be true).

I had assumed that all of the screen shots, etc of pertinent info is stuff I'd use in the Witness Statement, if it got that far. Is it the case that if it is not mentioned now in the Defence that it can't later be introduced?

I have been responding to the claim online so far - I'm not sure how I would add screenshots etc to that as from the looks of it its just a single text box field that I have to fill out?

[GBExile]

OK. Now that gives you a good couple of weeks to work out your defence. Do so in date order no waffling.

There are better people on her to help you with a written defence. BUT everything I have PMd or posted you should include. It is all relevant.

Give it a go writing it up yourself. Its just date order. Point by point. You have already pretty much written your own defense already. Its just a case of you putting it in order.

When you have done it post it up & let us have a look before you send it.

Capture everything on screen shots & if you need to scroll down to take another shot to include further detail then do it.

No matter how irrelevant you may feel about the tiniest bit of detail cover it.

Because if you do not get it all now he will delete it when he finds out what you are doing.

Do not talk to the guy, do not email the guy, do not text the guy, Nothing no contact at all.

Open all your mail & you must do exactly as the court says for you to do.

[DTrebor]

Ok here are the Particulars of Claim, exactly as it is written (X = my name, MAIN DEALER is the name of the main dealer he alleges he took it to):

I bought a car from X for £18500 on the 31/7/2019. After 40 mins of purchasing the vehicle. I reported a noise to him after paying for the vehicle. I have a text from X saying "get it looked at and we can go from there" I booked the vehicle into MAIN DEALER and it has been reported the internal bearing on the rear diff has completely disintegrated with a cost of £3600 to repair. X said to me this vehicle we not need anything doing to it until the next mot before purchasing it. I am now left with a car of great value with a bill not far off £4000 after driving 40 mins after collecting it. I've spoken to X who has made it clear he has no intention of contributing nor paying for the repair of the vehicle.

In terms of the Defence, am I just acknowledging each sentence and then agreeing/denying? There is no mention in there of the fact he's a trader, that he bought the car as a trader, that there was a visual inspection and test drive, etc which is important I think. Can I add my own points to my Defence statement or is it limited only to responding to the claim text?

[Aukey]

If there was something wrong, as a trader he should have known, that's how he makes a living.... also as a trader, if you do buy a lemon then it's tough, you take it on the chin and move on to the next one, you can't win them all.

Do you know how long he has been trading? Does he trade from home?

[DTrebor]

Yes it had a full service history from the main dealer. Not stamped (service book is electronic) but invoices for every bit of work provided.

Regarding the "S-Tronic Just Serviced" - yes, this is the paddles/gearbox, not the diff, although I'm not aware of this needing any kind of specific service.

[GBExile]

Another nail in his coffin:

"The Previous Owner Spared No Expense Maintaining This Car Religiously & Only Went To ********* (aka main dealer) To Have Everything Done".- He praises you.

"S-Tronic Just Serviced At ****** ******." - I presume I am right in thinking the S-Tronic is the paddles & gearbox & not the diffs? (This guy is not clever at all)

[GBExile]

Just a quick question. Did it have full service history dealer or private? IE a stamped up service book inline & in full order?

Just checked & he IS advertising it as FULL ******* (Main dealer) SERVICE HISTORY.

IE everything was done to manufacturers specification so any fluids were checked & topped up in the correct manner by the specialists.

What a naughty little bugger. Make sure you have the ebay screenshot showing he is listing it as FULL manufacturers SERVICE HISTORY

[des8]

Agree with previous postings.
IMO anyway you have a complete defence in that this was a private sale and the principle of caveat emptor applies.
Besides which as a trader he had and took advantage of the opportunity to examine the purchase prior to buying.

Could perhaps invite the court exercise their right to give summary judgment against the claimant as that party has no real prospect of succeeding on his claim, but wait to see claim details.

[GBExile]

Post a full copy of the claim. Delete your details but I suggest you leave his on it if you want.

I have just PMd you.

[DTrebor]

Never been a trader. I've sold I believe 4 cars in the past 25 years, all privately, all without issue until this one. Every car I've owned I've taken to the main dealer for all servicing and maintenance work.

What you've said about the likelihood of a fabricated invoice appearing is what the solicitor suggested in my initial consultation. I don't know how I would refute that really, or how much weight it would have bearing in mind I am a private individual?

[GBExile]

Thanks. What should I do - write out the exact claim? Won't that uniquely identify the case?

Probably in this case it is best to post his name.

I bet you he has a habit of producing such claims & I without a doubt suggest to you any works quoted would be by a mate of his.

You are not & have never been a trader I take it?

[DTrebor]

Thanks. What should I do - write out the exact claim? Won't that uniquely identify the case?