Claim for Used Car Sale

[jme85]

Do you know if the claimant is in the motor trade?
Only wondering because not many people have car trailers, or can arrange an MOT next day.

I don't know but he did say he was going to use the vehicle for towing

[jme85]

I have taken in to account everyone's feedback, thank you for this, and here is my second draft.....

IN THE COUNTY COURT
Claim No.: xxxxx
Between
Mr xxxxx (Claimant)
- and -
Mr xxxxx (Defendant)
_________________
DEFENCE

1. The Claimant purchased the 2008 BMW X5 with 177000 miles on the clock. This is an above average mileage for a vehicle of this age. The average mileage for such a vehicle is 130000 miles. The advertised price of £3750 was below average at the time of placing the advert and the Claimant paid £3500 in cash.

2. The Claimant purchased the vehicle in full knowledge that it did not have a valid MOT. This was made explicitly clear over the phone before the Claimant came to view the vehicle and when the Defendant handed him all the past MOT printouts. In addition to this all MOT history for the vehicle is available for free online.

3. The Claimant arrived with a trailer to pick up the vehicle and inspected it thoroughly to his own satisfaction.

4. The advert was placed online in April so had been there for several months, hence why the MOT had expired by the time the Claimant had called about the car in mid-July

5. The vehicle was sold as seen, the Defendant made the Claimant aware of all the modifications and when the engine was turned on the airbag light appeared, which had not been there previously. The Defendant offered to have this seen to, but the Claimant was not unduly worried about this. The claimant then proceeded to take the vehicle for an MOT inspection without fixing the light. This can be seen as it is listed as the reason for the MOT failure.

6. The Claimant inspected all the tyres but did not comment on them at the time.

7. The Claimant states that the MOT failed for a glued together catalytic converter. This is not stated on the MOT failure sheet and the Defendant has no knowledge of any work being done to the catalytic converter. In all the MOT's the vehicle has had, this has never been mentioned. Again, there is no way for me to know if the claimant did this himself before taking the car to the garage.

8. The Claimant has caused the Defendant a huge amount of stress over this issue, harassing the Defendant with calls and messages asking for money towards the vehicle repairs and threatening the Defendant with legal action. The defendant maintains that they advertised the car honestly and fairly and did not try to cover up any of the issues the vehicle had. The Defendant was completely open with the Claimant about all the modifications that the vehicle had and that the MOT had expired.

9. The Defendant denies he owes the Claimant any money at all

Statement of Truth
I believe that the facts stated in this defence are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

[des8]

I would suggest you try and find out if he is in the trade
Try searching on social media, Linkedin and the like.

It might improve your defence

[jme85]

I would suggest you try and find out if he is in the trade
Try searching on social media, Linkedin and the like.

It might improve your defence

Oh wow! Great advice. It appears he is the owner of a company...

VW Chopshop Ltd is an active company incorporated on 11 March 2023 with the registered office located in Ipswich, Suffolk. VW Chopshop Ltd has been running for 6 months. There is currently 1 active director according to the latest confirmation statement submitted on 11th March 2023.

This was fairly easy to find using his name and postcode!

What do I do with this information? Should I just add a paragraph stating that he is in the trade and so would have checked the MOT history before he came to see the vehicle

[jme85]

He has a vehicle breaker company. He is probably trying to get money back for my car and then he will break it and sell it. Definitly supports what I said about him swapping the tyres over!

https://www.facebook.com/Vwchopshop

[Pezza54]

Your advert states £3995 not £3750

Yes insert a paragraph about the claimant being a dealer in car parts.

Paragraph 7 "the Defendant" not "me"

Paragraph 8 "he" not "they"

Don't forget the case number and to sign the statement of truth.

You can attach the Defence as a document to an email (case no. on the email) and send to the court email address by next Monday Send a copy of the email and attachment to the Claimant.

[Pezza54]

EXC

the facebook link OP has provided has a personal name etc

[des8]

In that case I think you need to rewrite your defence completely.

You advertised a car and the purchaser, a member of the motor trade, came and inspected it and even test drove it.

Altho' claimant doesn't state it defendant assumes he is claiming under the Sale of Goods Act 1979..
In particular s13 Sale by description applies and the item must match its description etc.
To succeed with a claim under that section the claimant has to show that the description was influential in his decision to purchase the vehicle and that the vehicle did not match the description

The claimant was advised about the expired MOT, and was put on notice about other possible issues

Never the less following an inspection and test drive the claimant purchased the vehicle

There are 2 points from that{
`1) The issues the claimant raises are not (except perhaps re mot) about a wrong description, but about the fundamental quality of the vehicle

2)in Harlingdon & Leinster Enterprises Ltd v Christopher Hull Fine Art Ltd – [1990] 1 All ER 737 it was found that by inspecting the goods prior to purchase the sale was not by description.

[EXC]

EXC

the facebook link OP has provided has a personal name etc

That's ok.

[MIKE770]

Observation for any persons making statements i.e.:- When making statements try to not over emphasis paragraphs (Judges I come across snap read and get fed up with a lot of dribble) stick to main factors., also many admit I Have Not Had Time To Read Wholly Account, then skip read!

[des8]

Agree with you there MIKE770

IMO the current defenced reads more like a Witness statement and needs a complete rewrite.

I would suggest (but is for jme85 to decide) more along lines of:

1.The Defendant received the claim [Claim Number] from the [Name of Court – often Northampton or Salford] County Court on [Date you received the claim]

2.Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3 It is admitted on dd.mm.yy the Defendant privately sold a vehicle (make & registration) to the Claimant, who is employed by /owner of /director of VW Chopshop Ltd( registration number14723283) sellers of used motor cars

4.This claim appears to be for a breach terms of the contract of sale in that it is alleged the vehicle did not match its description i.e. contrary to section 13 of The Sale of Goods Act 1979 Sale by Description.

5. It is admitted the description stated the vehicle had a valid MoT, but the Claimant was advised prior to purchase that the MoT had expired a few days earlier.

6. It is denied that the Claimant purchased the vehicle from an Autotrader advert

7. It is asserted the Claimant saw the Autotrader advert, came and inspected and test drove the vehicle before purchasing it

8. It is asserted that as the goods were inspected prior to purchase, the sale was not by description and the description played little part in the claimant's decision to purchase cf Harlingdon & Leinster Enterprises Ltd v Christopher Hull Fine Art Ltd – [1990] 1 All ER 737 it was found that by inspecting the goods prior to purchase the sale was not by description.

9.18.It is denied that the Claimant is entitled to the relief as claimed or at all.


That's my initial draft for a defence in this situation , but others will probably have different views

[jme85]

Agree with you there MIKE770

IMO the current defenced reads more like a Witness statement and needs a complete rewrite.

I would suggest (but is for jme85 to decide) more along lines of:

1.The Defendant received the claim [Claim Number] from the [Name of Court – often Northampton or Salford] County Court on [Date you received the claim]

2.Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3 It is admitted on dd.mm.yy the Defendant privately sold a vehicle (make & registration) to the Claimant, who is employed by /owner of /director of VW Chopshop Ltd( registration number14723283) sellers of used motor cars

4.This claim appears to be for a breach terms of the contract of sale in that it is alleged the vehicle did not match its description i.e. contrary to section 13 of The Sale of Goods Act 1979 Sale by Description.

5. It is admitted the description stated the vehicle had a valid MoT, but the Claimant was advised prior to purchase that the MoT had expired a few days earlier.

6. It is denied that the Claimant purchased the vehicle from an Autotrader advert

7. It is asserted the Claimant saw the Autotrader advert, came and inspected and test drove the vehicle before purchasing it

8. It is asserted that as the goods were inspected prior to purchase, the sale was not by description and the description played little part in the claimant's decision to purchase cf Harlingdon & Leinster Enterprises Ltd v Christopher Hull Fine Art Ltd – [1990] 1 All ER 737 it was found that by inspecting the goods prior to purchase the sale was not by description.

9.18.It is denied that the Claimant is entitled to the relief as claimed or at all.


That's my initial draft for a defence in this situation , but others will probably have different views

Thank you for this. Much more concise and professional than my attempt!

[jme85]

He has a vehicle breaker company. He is probably trying to get money back for my car and then he will break it and sell it. Definitly supports what I said about him swapping the tyres over!

https://www.facebook.com/Vwchopshop

I don't have the email of the court. I found this email address on another forum CCBCAQ@justice.gov.uk, is this correct?

The court location is not stated on the cliam form. It states In the County Court Cusiness Centre Online Civil Money Claims

[jme85]

Is it worth making a counter claim?

[Pezza54]

Yes that is the correct email address