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New Claim from a guy who purchased my vehicle

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  • New Claim from a guy who purchased my vehicle

    I sold a non running vehicle, as a non running vehicle, a project car and told the buyer what I bought the car for, how much I had spent, what had been replaced, and how much it will cost to repair. Following a ton of emails, i received a claim through the courts, here is his claim, its makes about as much sense as his emails. Any advice would be useful, thanks in advance:

    His entry directly from the claim form, with my name and my wifes name edited out as xxxxxxxxx
    --------------------------------------------------------------------------------------------------
    collected car and was told the engine had been rebuilt,sent to a specialist and put on a dyno to check everything was as factory spec,I paid on the understanding the car was rebuilt,checked by specialist,I contacted said specialist who has never heard of Mr xxxxxxx no record of the car and has explained they do not have a Dyno to test engine so could not have done the work,also Mr xxxxxxx told me he has paperwork and full service history,no paperwork at all and car was last MOT over 3 years ago,also the harness he said he replaced was broken,he never told me this when I contacted the firm who supplied said harness they explained they informed Mr xxxxxxxx the harness he bought had broken wires, Mr xxxxxxx has denied both these claims,I have proof in email sent from the garage that Mr xxxxxxxx informed me had checked engine and done Dyno check denying his claims,also multiple scratches to wing and bumper which Mr xxxxxxxx denied said there was only one scratch,the car was put on a transporter so I never noticed it until we were into the journey,I informed Mr xxxxxxx who denied there was any cratches which were obviously not fresh


    -------------------------------------------
    So this is what I have been dealing with - this was cut and pasted from his claim form.
    Last edited by Magicfx; 3rd August 2024, 08:32:AM.
    Tags: None

  • #2
    Hi
    Welcome to LB
    You should complete the court forms (AOS) making sure you meet the return date. Start preparing your defence. Again time is limited to file this document

    Comment


    • #3
      Originally posted by Pezza54 View Post
      Hi
      Welcome to LB
      You should complete the court forms (AOS) making sure you meet the return date. Start preparing your defence. Again time is limited to file this document
      Many Thanks, This has been done.

      Comment


      • #4
        Gathher together all your evidence of what you told the buyer - advertisements, emails, text/WhatsApp messages etc. Put your version of events very clearly in your Defence.
        Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

        Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

        Comment


        • #5
          Thanks, I have done that. I guess what I am asking is that the buyer is claiming £3000.00. he has confused a number of issues. The advert was clear, sold as a non runner, and a project vehicle, he inspected the vehicle and we had a one hour conversation going through all of the vehicle and what needs doing. and that it would take 3-5k to get the vehicle running, based on what I know and any eventuality. So how is this a valid claim, where are the merits, where is the breakdown of loss incurred in the statement provided. You cannot surely be sued on the basis of companies not having a record, and a scratch appearing after his inspection. This seems totally bizarre to me.

          Comment


          • #6
            It doesn't cost much to start a small claim. Unfortunately, whatever you think about the merits of the claim, to avoid a CCJ you should file a defence.
            The claimant may decide to abandon his claim when he becomes aware you have filed your defence

            Comment


            • #7
              Regarding your defence:
              Numbered paragraphs (paragraph for each event) in chronological order with the date at the beginning of the paragraph
              Cover the advert, the sale, amount and how paid, the receipt.
              You stated a "ton" of emails. You could summarise these emails referring only to the important ones
              Deny that you owe the claimant any money at all
              If the claimant hasn't ended his claim with a Statement of Truth, ask the court to strike out the claim in your defence document

              Comment


              • #8
                It may not be a valid claim. Put together a complete case to help the judge find in your favour.
                Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

                Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

                Comment

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