Court - Online ?

[Moaning5]

There’s a possibility I’m being taken to court by someone over 100 miles away over an alleged misspelling in a private sale.

Although I’m vigorously defending the accusations I’m starting to stress about the possibility location of the actual court case. Will it be near them or will it be near me ?
I have caring responsibilities for a disabled SEN adult DD. Would there be a possibility I could request it online ?

Mid-spelling, or mis-selling?

Are they claiming money back through the small claims court? If so, this is done online, with them submitting their evidence, and then you responding. It’s gets overseen by someone, and only if not resolved, goes to a real live court to be resolved, but that’s several stages down the line.

Defendants have to be sued in their home court, so any hearings will take place in the court in your town (or nearest town).

Agree with this. You can request a virtual hearing and stress you are a Carer but it’s not guaranteed that you’ll get one.

I sold something they are now saying is defective - I’m not sure what type of court.
The original refund ask was £18k but they’ve just offered to settle for £9k but they keep the item.
So presumably not small claims ?

https://www.gov.uk/make-court-claim-for-money

Thus is the link for small claims court (although I don’t think that’s its official name anymore), if you want further info on the process.

Also, is it their word against yours that it’s defective (car?). Could they be trying to scam you to get a reduction? Was it sold in ‘fully working condition’ or ‘ sold as seen’?

Thanks for the link.

Sold as full working order and checked by an independent expert as suitable for their purpose. Now they’re saying we recommended this expert and they highlighted a couple of small issues but they proceeded with the sale. One small issue is now a big issue.

You may need to get legal aid. Have you got any cover on your house insurance etc which you can use?

Have they actually issued a claim? If £19k then costs might apply, small claims limit is £10k and you couldn't be asked to pay their costs.

I'd say if they have a claim it's against the expert. You could add them as a third party to the claim. You say something in good faith, expert confirms (for a fee, commissioned by buyer) I'd say that's negligence by expert if the report was verifiably incorrect.

But often second hand items just go wrong quickly and it's tough luck.

If they are only asking for £9k, it will be a small claim. You will not be able to reclaim any legal costs you incur if you win. If they claim for the full £18k it will not be a small claim and you will be able to reclaim your legal costs if you win, but they will be able to claim their legal costs from you if you lose.

Did you mean legal advice rather than legal aid?

@prh47bridge
just out of interest, can they legally reduce to 9k with the stipulation to also keep the vehicle as that smacks of trying to get it under the threshold for small claims?

Do you mean legal representation? That's not the same thing as legal aid

so they want to make you give them £9k plus the item,.., so they still want it? I’d just ask for it back!

That thought crossed my mind.

Yes. They can claim that the issue reduces the value of the item by 50% and that they therefore want a refund of 50% of the purchase price.

The letter states that if they don’t hear back from me I 7 days their instructions are to commence court proceedings - so is this a Letter Before Action without actually saying as much ?

Yes, I think it probably is.

Not a lawyer.

Very common scam, pistonheads motoring forum has a big topic on it, people buying cars then trying to get money back or return them. Don't accept a return, you have no idea what they have done to it, could have swapped parts etc.

If you are not a motor dealer they have little comeback. If you are a disguised dealer regularly trading cars they might.

So assuming an honest sale, ignore any threats to go legal and stop engaging with them. deal with any actual legal action if it happens

Thanks @forumLurker thats really interesting.
It’s so stressful it’s been going on since September and I genuinely sold in good faith.
If I thought there was an issue I’d have sorted it out before advertising.