'Misdescribed' vehicle Private sale

[Lillybelle]

I advertised my old 2003 ‘day-van’ for sale. In the advert I said that I could not answer technical questions because I am not mechanically minded, nor is my husband. I’m not a habitual car seller. I did state that a mechanic had told me it was ‘solid where it counts’ which is true. The van was MOT’d 6 months prior to sale. It travelled 450 miles (205,000 on the mileometer).
I had lots of offers. A man came, examined it thoroughly and decided to buy it. I accepted £1400 for it. The guy signed a receipt. Upon collection another person came and he examined it too. Both times thoroughly, underneath, inside etc etc. They were both satisfied. I received photos a week later saying that it was dangerous. The van lining (plywood) and carpets (permanently glued)have been ripped out to show a rusty floor. Also a hammer and chisel are shown in the corner of a photo). They have done a lot of damage to reveal the rust.
I have received a claim from the county court for a refund because I have ‘misdecribed and sold an unroadworthy vehicle’ The new owner had an MOT carried out (4 months before expiry) which states FAIL because of corrosion to suspension points.
I have sent a letter to the courts stating that I didn’t misrepresent the van .Also, I have just discovered that at the guy sells cars online .

I am very worried. I have received a letter about mediation but I strongly feel that I have not done anything wrong.
Should I go to mediation?
Is an MOT test person regarded as an expert ?
Can the small claims court deal with me for selling an unroadworthy vehicle. I have been told that it is a police offence. Can the court award compensation despite this?
‘misdescribed’ doesn’t appear to be the wording under the consumer credit act. Does that make any difference?
It’s very worrying. Can anyone help me.

Thanks

[ostell]

With you as a private seller (?) and him as a trader then he should have been expected to know what is what. They accepted it as is so it's caveat emptor, buyer beware. As far as you were concerned you were entitled, as a lay person, to accept the MOT and the opinion of the person performing the MOT. Rust on the floor plan is not necessarily dangerous, the floor could be repainted, it's a matter of degree. Holes because of the rust would be.

[Lillybelle]

There are holes too. When the buyer arrived he did say he was a carpenter. I have found the car sales aspect just recently.
Thanks for your time and advice. It's appreciated

[des8]

County court will only deal with the civil claim.
The question of selling an unroadworthy vehicle in contravention of Road Traffic Act 1988 sec 75 won'y be an issue.

Can you post up the Particulars of claim and your defence as filed?

[ostell]

Start a record of everything that has been happening, together with the dates, especially how you found out that he was a trader. Take a copy of the web pages that you have found that show him selling cars. If the pages chage then get the new pages as well. This is for use later on in the process.

[Lillybelle]

The claim is .. 'The vehicle was described in the advert as solid where it countsand upon inspection has been found to be dangerously corroded deeming the vehicle unsafe and unroadworthy therefore the vehicle was misdescribed and sold in an unroadworthy condition'

My defence is basically that no statement was made which could have been construed as misleading . When the inspections took place I didn't offer any information about condition because I don't know about these things. I left it to the buyer. However as you will see in the advert text I did make comment about the mechanics observations when he MOT"d it. (it passed for us)

. The advert that I placed gave the following info
A short daccurate description of vehicle type/year, together with the following ....' Comfortable and drives smoothy. It has been a reliable van for us. MOT until Jan 2019. Very good tyres new diesel pump and disc pads Excellent starter from cold oil service 800 miles ago. We didn't realise how much we would enjoy a van and are addicted to it , By no means a new van but reliable and an excellent runner. The mechanic told us it is bulletproof and solid where it counts. We have used it for holidays and had great times. Come and have a look and make an offer. I am not mechanically minded and cannot answer technical questions'.

I hope that this helps. Thank you for the information re county court.

[Lillybelle]

Thank you for the advice Ostell

[des8]

As per Ostell re preparing for witness statement.

I would agree with you that your advert is not misleading.
He has taken what you said out of context by omitting the words: " The mechanic told us..."
It was a private sale, the vehicle prior to purchase was examined twice, and as he was a trader he knew what to look for!
Caveat emptor applies

[Lillybelle]

As per Ostell re preparing for witness statement.

I would agree with you that your advert is not misleading.
He has taken what you said out of context by omitting the words: " The mechanic told us..."
It was a private sale, the vehicle prior to purchase was examined twice, and as he was a trader he knew what to look for!
Caveat emptor applies

Thank you for your help. I will no doubt find out what happens next when I return the form indicating 'no mediation' .

Once again, thank for your time .

[pt2537]

Thank you for your help. I will no doubt find out what happens next when I return the form indicating 'no mediation' .

Once again, thank for your time .

Dont reply indicating No to mediation, this could be considered an unreasonable refusal to mediate and can land you with adverse costs ordered against you.

Id reply that you are willing to mediate. there is no requirement for you to actually agree to anything at mediation,

https://www.brownejacobson.com/retai...pany-1-limited

This link sets out the Court of Appeal case of OMFS v PGF II SA

[Lillybelle]

[QUOTE=pt2537;n1433147]

Dont reply indicating No to mediation, this could be considered an unreasonable refusal to mediate and can land you with adverse costs ordered against you.

Id reply that you are willing to mediate. there is no requirement for you to actually agree to anything at mediation,


Thank you for that. I was just about to post the form . Rescued again.

[Lillybelle]

Hi, It's me again.

Your previous advise has been fantastic.

I am at the stage where I have to go to a preliminary hearing now.

Would some one be able to advise me on my latest, I took screen shots of the face book entries concerning the claimant being a car dealer. Should I disclose these to the courts and the claimant prior to the hearing? I also have examples of prices / info for vans of the same year etc (eBay). Should they be disclosed prior to the hearing

Thanks again. I am nervous about this but looking forward to resolving it.

Lisa.

[des8]

Preliminary hearing?

You have submitted your defence and a witness statement, and these can't be amended easily, so don't disclose prior to the hearing.
However you may be able to question the claimant and bring out the fact that he is a dealer then.
As this is presumably in the small claims track, it is possible the judge will do all the questioning
You're defence though is that he examined the vehicle prior to purchasing and additionally the advert was not misleading.

Altho' I understand your nervousness, try and relax. The actuality is not as bad as you might fear!