help taking a private car seller to court

[starnb]

dear leagalbeagles,

Please help me with some advice on taking a private car seller to court.

I recently purchased a used from a private seller. During the sale I specifically asked the seller if the car's transmission oil has been changed as per manufacturer's recommendation to which assured me yes it's been done and said the mechanic form the garage called him to confirm when the car was sent to service in a garage.

After I got the car home, called the garage next day to confirm the above claim but the garage told me that no such oil change was done on the car. Since this was a essential maintenance, I had to do it from the dealer and spend £199 for the same. I tried to engage with the seller to contribute to this cost but he refused saying the car is sold as seen and threatened to take me to court for bothering him.

I have decided to take this matter to court (small claims) as in principal he lied and now refusing to put it right. Please advice me if you believe i should not.

many thanks

[charitynjw]

Re: help taking a private car seller to court

Hi starnb & welcome to LB.

Have you any written evidence re the seller's statement concerning the oil change?
Was it mentioned in any of the advertisements? (If yes, can you access them?).
Independent witnesses to the statement? (Who would give evidence to a court on your behalf).

[starnb]

Re: help taking a private car seller to court

hi charitynjw,

The seller has not included any details on transmission oil change in the actual advert this is something I don't see even dealer don't advertise. However this is where I enquired specifically about this on the phone before setting off to see the car. While viewing the car he also assured me that the oil change was done and the mechanic called him while he was doing the oil change. Upto this point it's all verbal and I did not have anyone to accompny me as a witness.

Later when I confessed the seller on messagner that what he told was not true as confirmed by the garage, he went on talking how good the car is and a good value to me and asking me to do that oil change myself.

In short, he never advertised it in writing; but he never denied it in writing when I questioned over his inaccurate information. All he said in writing that it was a confusion on his part and the car is still good deal and I should pay for the oil change. I have written him formal letter explaining him the situation and giving him couple of weeks to pay. He replied in return saying he won't pay and threatened me with a counter legal action for bothering him with a letter.

thanks,
starnb

[wales01man]

Re: help taking a private car seller to court

Its a he said you said situation here without some proof would be hard to win a case after all you could say he said it had this and that done to it?

[charitynjw]

Re: help taking a private car seller to court

hi charitynjw,

The seller has not included any details on transmission oil change in the actual advert this is something I don't see even dealer don't advertise. However this is where I enquired specifically about this on the phone before setting off to see the car. While viewing the car he also assured me that the oil change was done and the mechanic called him while he was doing the oil change. Upto this point it's all verbal and I did not have anyone to accompny me as a witness.

Later when I confessed the seller on messagner that what he told was not true as confirmed by the garage, he went on talking how good the car is and a good value to me and asking me to do that oil change myself.

In short, he never advertised it in writing; but he never denied it in writing when I questioned over his inaccurate information. All he said in writing that it was a confusion on his part and the car is still good deal and I should pay for the oil change. I have written him formal letter explaining him the situation and giving him couple of weeks to pay. He replied in return saying he won't pay and threatened me with a counter legal action for bothering him with a letter.

thanks,
starnb

The phrase that springs to mind is "a verbal contract is not worth the paper it's written on".
The burden of proof will lie with you, & the other party will only need to offer a 'reverse burden' if you can persuade the court that the conversation may have taken place as you say.
Best guess? Caveat Emptor. http://www.dictionary.com/browse/caveat-emptor

[starnb]

Re: help taking a private car seller to court

Fair enough. Thanks for your inputs. It's not very black and white but there is some written aspect to it and a good a good enough basis. It is not like I am claiming for repairs that I failed to spot.

I have decided to go through the claims court and see what's the outcome. I'll post the outcome in due course.

[des8]

Re: help taking a private car seller to court

. All he said in writing that it was a confusion on his part

If that Written statement is in response to a written request by you , on the balance of probabilities it is as good as a confession that he told you an untruth.
It matters not that the misrepresentation was inadvertent.
IMO you could rescind the contract completely, or settle for the seller meeting your costs.


Don't forget to send a letter before claim etc etc

[starnb]

Re: help taking a private car seller to court

Yes the seller did admitted in writen response that it was his confusion. I gave him every opportunity to resolve in nicest way possible, with informal messages as well as written letter giving plenty of time. People do make mistakes and I don't claim he is a crook; but then good sellers also admit their own ignorance of what they told to buyers and sort it out. He claims I am opportunist (in writing) and he is going to defend the case.