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Private Car sale buyer wants refund

109 replies

whoscoatsthatjacket2012 · 10/05/2024 16:15

I sold my old car recently privately via an advert on SM
Listed what work I'd had done and that it was recently serviced with a new MOT
The person who bought it said it has a fault and wants the money back.
I had no idea there was an issue and they tested the car before buying it.
They've now sent me a letter saying unless I give the money back they'll take me to court.
Should I reply to letter or ignore it and see what they do.

OP posts:
YabaJaba · 04/08/2024 07:55

F

App13 · 04/08/2024 08:13

On court date be
: on time
Follow judgee orders he sometimes says ' don't speak while I am reading out order' and that still doesn't stop them

Take everything with you and a copied set , as you may have to give one over while you refer to it.

Best of Luck

eurochick · 04/08/2024 08:34

What happened at the mediation?

Gensola · 04/08/2024 08:43

hope it goes ok for you OP

whoscoatsthatjacket2012 · 11/08/2024 06:45

eurochick · 04/08/2024 08:34

What happened at the mediation?

It didn't happen. There wasn't any point
Can't see how any compromise could be made

OP posts:
OatFlatWhiteForMePlease · 11/08/2024 06:50

What was the outcome @whoscoatsthatjacket2012 ?

whoscoatsthatjacket2012 · 13/08/2024 14:49

Date not for a few weeks yet. Had to submit all my evidence to the court 2 weeks ago. Had hoped it wouldn't get this far. My nerves are in bits. I'm awful at speaking in front of people and can faint if I get stressed.

OP posts:
Londonscallingme · 13/08/2024 15:32

Try not to worry! You sold it in good faith you will be fine.

Fama07 · 25/08/2024 03:47

This reply has been deleted

Deleted as the poster should consider starting their own thread.

CoffeeGood · 25/08/2024 06:09

@Fama07
You would be best to start your own, new thread as otherwise it will get mixed up with the original posters and you won't get any advice. And ask Mumnsnet to delete your post on here.

Mumofoneandone · 25/08/2024 06:25

whoscoatsthatjacket2012 · 13/08/2024 14:49

Date not for a few weeks yet. Had to submit all my evidence to the court 2 weeks ago. Had hoped it wouldn't get this far. My nerves are in bits. I'm awful at speaking in front of people and can faint if I get stressed.

You can take someone with you to support you through the hearing. I think they are called a Murphy's friend. They can't speak to the judge during the hearing only to you. They may have to fill in a simple form.
I did this when I had to take someone to court. It was nerve wracking but got through and won!
Good luck

Snowflake2 · 27/08/2024 22:33

@Fama07 I've reported your post for you so it can be deleted, the OP has an ongoing legal predicament and doesn't need your derailment. You need proper legal advice from someone qualified because you meet the definition of a car trader, so it's probably no defence to claim you're not one. Good luck.

prh47bridge · 28/08/2024 06:26

@Fama07 - As other posters say, you should really start your own thread rather than post on someone else's.

Is the buyer claiming the car is faulty? If not, he definitely isn't entitled to his money back. If the car is faulty, the central question is whether you are classed as a trader. Selling six cars in a year is a lot for a private seller. You need to see a solicitor and get proper legal advice.

Beautifulbythebay · 28/08/2024 14:16

Good luck op...

whoscoatsthatjacket2012 · 06/09/2024 12:26

Got a directions hearing today. What should I expect

OP posts:
WoodBurningStov · 06/09/2024 12:53

I think this is when the judge outlines what is required, things like documents etc he will need before it goes to trial. You get to agree what's needed from both parties

YabaJaba · 06/09/2024 15:44

Let us know how it goes

whoscoatsthatjacket2012 · 07/09/2024 08:45

So the directions hearing went well. The judge asked if witness statements had been exchanged and I said I hadn't had his.
Judge told him he had to prove I knew about fault. He then said he'd bring a witness but was told it was too late.
He gave the impression he wouldn't win but said he wouldn't be hearing the case.
All pretty positive

OP posts:
Shade17 · 07/09/2024 08:57

whoscoatsthatjacket2012 · 07/09/2024 08:45

So the directions hearing went well. The judge asked if witness statements had been exchanged and I said I hadn't had his.
Judge told him he had to prove I knew about fault. He then said he'd bring a witness but was told it was too late.
He gave the impression he wouldn't win but said he wouldn't be hearing the case.
All pretty positive

Not only would he have to prove you knew about the fault but that you misrepresented it as well. You don’t have to declare any and all faults to a buyer but you can’t state “no faults” or “perfect working order” in the ad when you’re aware of issues.

Londonscallingme · 07/09/2024 08:58

Good to read this update OP!

Anameisaname · 07/09/2024 08:59

That sounds positive OP!

WoodBurningStov · 07/09/2024 10:17

That sounds positive and a good sensible judge. Hoping it's soon put to bed so you can stop worrying about it

whoscoatsthatjacket2012 · 13/09/2024 15:16

Case withdrawn.

Judge made it quite clear at the directions hearing that he'd struggle to win.
Thank god that's over. What a whole load of stress and worry
Thank you all for your reassurance l.

OP posts:
LittleGreenDragons · 13/09/2024 15:27

Well done for standing firm. I couldn't see how they could possibly win (but I'm not a lawyer).

It's Friday. Go get a drink or two to celebrate/de-stress. I think you need it!

CleopatrasBeautifulNose · 13/09/2024 15:33

Well done op. Glad you won, being out through something like that is awful.
If you buy a car privately you have to do your own checks and if you don't it's on you.