Claim for Used Car Sale

[jme85]

I am really struggling to write the witness statement. Does it need to be similar to the Defence? Or is it literally a timeline of the events as they happened? i.e. 1. I placed an ad on xxxx 2. Received call from xxxx in which I told him more about the vehicle including that the MOT had expired 3. He came and inspected the vehicle etc

thanks this was very helpful

[Pezza54]

These are my views and thoughts on your Witness Statement:
Don't forget the front page and Statement of Truth
All paragraphs should be consecutively numbered
You should provide the date the MOT expired
In one paragraph you deny the claimant purchased the vehicle from and Autotrader advert and in the next para you state that the claimant saw the Autotrader advert came and inspected and test drove the vehicle. This needs more explanation. Especially that the claimant drove the vehicle on the road without a valid MOT (and defective tyres?)
Did you mark the Autotrader advert "Private Sale"?
There is very little in your WS about correspondence (emails, texts), phone and face-to face conversations that may have taken place. Have you missed anything?
Did you provide the claimant with a receipt after taking the cash payment? If you did you haven't mentioned it
You should also state how the price reduction was negotiated. Did it cover the risk of buying a vehicle without a valid MOT?

Is the claimant stating he wasn't told that the MOT had expired in his claim?

You only used the word "I" once in your WS. Better to use "I" than it.
It is probably preferable to use the claimant's surname rather than "the claimant" If you post a revised version redact the claimant's name

[jme85]

[QUOTE=Pezza54;n1674329]These are my views and thoughts on your Witness Statement:
Don't forget the front page and Statement of Truth:
I have this, I just didn't post it here, thanks

All paragraphs should be consecutively numbered I have done so,
I think due to the double spacing it didn't carry over when I pasted it here

You should provide the date the MOT expired
Good shout, I have added this, thanks

In one paragraph you deny the claimant purchased the vehicle from and Autotrader advert and in the next para you state that the claimant saw the Autotrader advert came and inspected and test drove the vehicle. This needs more explanation. Especially that the claimant drove the vehicle on the road without a valid MOT (and defective tyres?)
So, I am trying to say that he did not purchase it from the advert, so that is not the contract of sale. He came to view/drive the vehicle before he took it away. He did drive the vehicle, should I not include this?

Did you mark the Autotrader advert "Private Sale"? Yes

There is very little in your WS about correspondence (emails, texts), phone and face-to face conversations that may have taken place. Have you missed anything?
He did call me after to request money back, but I did not think it was neccessary to include that. He also sent me the repair bills and pictures of the glued catalytic converter, but again, I am not sure what use that is in my witness statement

Did you provide the claimant with a receipt after taking the cash payment? No, I did not

You should also state how the price reduction was negotiated. Did it cover the risk of buying a vehicle without a valid MOT? Added this, thanks

Is the claimant stating he wasn't told that the MOT had expired in his claim? Yes

You only used the word "I" once in your WS. Better to use "I" than it. Thanks, I have changed this
It is probably preferable to use the claimant's surname rather than "the claimant" Thanks, I have changed this

[Pezza54]

It seems the strength of your defence depends on who the Judge believes is telling the truth about the MOT, the claimant maintaining he wasn't told that the mot had expired and you stating you told him.
When you let him drive the car on the road illegally without valid insurance, you unfortunately supported his claim that you did not mention the mot.

In your favour is the fact you are a private seller and the buyer is a dealer. The Judge will expect the dealer to have knowledge and experience in buying older vehicles and know what to look out for and to check paperwork such as the mot. Perhaps you should point that out in your WS

[Pezza54]

I have just read a witness statement should not quote legislation or legal cases - your penultimate para?
Reference to legislation and legal cases should have been included in your defence

[jme85]

Oh, I did not know that. I have submitted it already. What will happen? Will it be rejected?

[Pezza54]

Probably not. Best to wait and see. If you reach final hearing remember to mention legislation and relevant legal cases when you present your defence, not when you present your witness statement