Court Claim - private person / na - 10-2-2015

[cla77nun]

Received a claim? Yes
Issue Date: 10-2-2015
Amount approx: 1755
Claimant: private person
Solicitor: i dont know if he has one
Original Credit: na

Particulars of Claim:
on the 30th of November 2014 mr xxxxxxx sold myself a motor vehicle knowing that the car had finance outstanding. mr xxx xxxx produced documents ie a hpi report although mr xxx xxxx had been contacted by the finance companies bailiff. I have copies of the said document and the advert for the vehicle . I have tried to contact mr xxx xxxx to no avail the fianc company reposed the vehicle on the 27/02/2015. I will provide the defendant with separate detailed particulars within 14 days after service of the claim form

Stat Barred? No

Have sent: Acknowledged the Claim

Other Info:
This is me saying above is untrue what he states he gets my name wrong quite a few times the date on the claim form is 10/02/15 and he says cars already been taken of him and repossessed but he says its been repossessed on the 28/02/15 which his dates are wrong also I never received no contact from bailiffs by a knock on the door or by post i would of gave the car back to finance people and claimed on my hpi report to get my money back not sell on to rip someone of like he states my hpi report was clear which said it had no finance owing but i have been in contact with the hpi people and they have said being as i have sold the car on to a new buyer and i don't own the car i cannot claim nothing back i am a innocent party in this as it was a previous owner who had logbook loans also the logbook was put in my name but my brother is the legal owner as he paid for it and has a receipt in his name the logbook only went in my name as i would be using the car more
also the buyer has never ever contacted me by post or other prior to receiving these court papers buyer is also claiming more than what he paid for the car it sold on ebay for £1650 and he never paid that amount for it i have no proof as to what he paid but he did agree to cancel the transaction through ebay which i have printed out proof that he agreed to cancel the transaction but he has no receipt to prove what he paid only the receipt my brother gave him which he wont produce it as it don't say £1650
someone mentioned on another forum about getting struck out as his particulars on the claim form are wrong ie date for repossession 28/02/15 which is after the date on the claim form plus his other lies about bailiffs contacting me etc
any idea how to defend the claim form
also claimant has not provided me with any additional particulars which he states he will
Could anyone help please

[nemesis45]

Re: Court Claim - private person / na - 10-2-2015

Hi welcome to LB,

All this is rather garbled and confusing I will try to sort out what I think are the relevant facts. ( which is what a judge will have to do to determine and dispose of the claim.
1. On 30/11/2014 you sold Mr X a car. True?
2. You sold the vehicle in full knowledge that it was under finance? True/False?
3. You produced an HPI document which said the car is not under finance? True /False?
4. It is claimed that the finance company sent bailiff to your home True/False?
5. The claimant say the car was repossessed on 27/02/15, is there tangible proof of this?

Your answers to the claim are.

1. " He gets your name wrong".
2. The claim is dated 10/02/15, but the car has been repossessed on 28/02/15 or 28/02/15 both of which are totally possible.
( I do wonder if the claimant is mixing up the dates and the repo date needs verification)

3. I cannot make sense is the claimant claiming more than he paid, this I think be court fees added.

4. Do you mean YOU sold the car on EBay for £1650.00 but " he never paid that price??
5. Why did the claimant " agree to cancel the transaction"??
What have you done so far in regard to the claim which was issued approx. 3 weeks ago? Acknowledged it and intention to defend or Nothing?
nem

I would like to see a copy of the claim form