Sold as seen vehicle

[Nick headon]

Please help I sold a vehicle on eBay guy came and collected it but didn’t want to look at it , a few days later he’s demanding money for repairs , I offered him a full refund out of good will if he wasn’t happy but I wasn’t paying the transport fees he wanted on top. the mutual agreement was sold as seen, verbally , he says the mot is not ligitimate I checked online and it’s on there, it states rust on there , after he cleaned it he found a few rust holes and a few other issues, I later had a letter headed didnt match the description ,the description was in fair condition for its age , it’s 21 years old. He was asking for money or he will take it to small claims , I had a court letter yesterday for a money claim of over £4000 what do I do ?

[echat11]

Hi Nick

First step is to acknowledge the claim online, that will give you an extra 14 days, 28 days in total to prepare and file your defence.

https://legalbeagles.info/library/gu...ledge-a-claim/

Fill in the Following:

Received a claim? Yes/No:
Issue Date:
Have you Acknowledged the Claim?:
Total Amount Claimed : ( approximately please do NOT use EXACT figure given on the claim form, round up to next £100 or £1000)
Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):
Any Other Information or Background Details:

[Nick headon]

Is it best to reject all of the claim or to reject and make a counterclaim against him for the stress caused and wasted time?

[echat11]

Is it best to reject all of the claim or to reject and make a counterclaim against him for the stress caused and wasted time?

When you Acknowledge the Service, Reject all, that will give you more time to decide what to do. You can't Counterclaim for stress or wasted time. Read post 2.

[Nick headon]

I posted a while back about a vehicle I sold and the buyer didn’t want to check it over I described it to the best of my knowledge then a few days later they complain of a few issues and said it didn’t match the description , however as a good will I offered a full refund if they weren’t happy , but it seemed all the wanted was money back , and said that if they returned it , on top of the purchase price they wanted me to pay for their time and transport costs. He took me to a small claims court for a £4000 I have a mediation call Monday , how do the court take these matters ? I’m a private seller and he is a dealer , it seemed to me that this was his plan from day 1

[ostell]

So in mediation you are willing to pay nothing and he wants the full amount. You could agree with £25 for his troubles.

In court as you were a private seller then it's caveat emptor, buyer beware, unless you have misdescribed the car. As a dealer the court would assume he knew what he was doing.

[Nick headon]

So what will they ask me ? If I am willing to offer him £25 he is obviously going to reject that , so that will go to court and they will probably throw it out ,? Is that correct sorry to sound dull

[smintram]

Correct me if I'm wrong, but under the Consumer rights act 2015...regardless of whether you're a private seller, you have done the right thing under the act. and as Ostell says, in your case, caveat emptor. But if you've offered the guy a full refund, I can see the judge seeing right through him.