private buyer wants to take me to court part 2!!!!

[demon_x_slash]

It has no legal standing if the item was bought from a trader, or business. It does have legal standing in private sales between two individuals. Hope that clears things up.

[BADGER 69]

Originally Posted by demon_x_slash

It has no legal standing if the item was bought from a trader, or business. It does have legal standing in private sales between two individuals. Hope that clears things up.

Thanks. That was my understanding.

[efunc]

Originally Posted by 10110001

provided you are an individual selling your own bike and you are not a dealer then the sale doesn't come under the Sale of Goods Act 1979 or the Sale and Supply of Goods to Consumers Regulations 2002.

Let him serve you with court proceedings and your defence should be that you are a private seller.

Why do you say these Acts don't apply to private sales? I'm about to make a claim against a seller who sold me something over the internet that didn't arrive. I was going to make a claim under the provisions of the Sale of Goods Act and the Distance Selling regulations. Am I wasting my time/money?

[10110001]

If a private seller has taken money from you without providing the goods then you reclaim it under Section 2(1)(b)(i) of the Fraud Act 2006.

If you paid by credit card then you can do a simple chargeback under Section 75 of the Consumer Credit Act 1974 and if you used paypal, they'll just have to debit it out of the sellers bank account.

[yellowt5r]

well im going to get legal advice tomorrow ill let you all know what the out come was.More advice is welcome so please dont think you still cant help

thank you all so far

[JonCris]

Originally Posted by publicenemyno1

I would be AMAZED if any dealer or fitter was willing to put themselves on the line legally, and testify in any way that they thought they were expert witness enough to prove that the speedo had been 'dropped'...

I suspect the guy is trying it on, but even if it did reach a claim, its likely he would have to 'prove' the damage alone. This would be difficult, I think.

Just my opinion though, but a good reason for just doing nothing for now, I think.

It doesn't matter if he does prove the damage (not difficult as he has had it repaired) for any claim to have any chance of success he would have to prove that the seller knowingly misled him by lying as to it's condition.

I also suspect the request to deliver it may have been a ruse so that the buyer could claim they had no chance to test it until after full payment then without giving you a chance to inspect it hit you with a bill which may well be inflated in an attempt to reduce the price of the bike

Had they collected it themselves any such fault would have immediately become obvious which would have spoiled their scam

As has already been said Caveat Emptor. Unless they are prepared to mislead a court they stand very little chance of succeeding & are trying it on

If the circumstances are as you describe don't be put off by those quoting the Fraud Act etc. Despite what they say their circumstances are different to yours & if not they won't succeed either

[HSBCrusher]

Originally Posted by Michael Browne

You may not have realised that you posted the original question twice. He's just deleted the other thread

Indeed, you did post twice.

not to worry, it happens all the time

[yellowt5r]

Hi all well i went to the advice centre and they didny say much,they told me it will go on the discription of my advert,all my adverd states is "this bike is in good condition as you can see from the pictures" and " this bike looks as good as new as it always been garaged " so my advert is just stating about the look of the bike and not the condition.the only thing that has me concerned is i stated "this bike has never been dropped or crashed " as you know from the first post i said the Honda dealers had said it had been dropped or crashed when Mr x took it there to get "fixed".it had never been either of those while i owened it,thats hard for me to prove though

whats your thoughts on this?

[yellowt5r]

i have replied to mr x so ill let you know if i get anything back ie court or a letter back

thank you all who have helpped me so far and i hope this is the last of hearing from mr x

[JonCris]

Simple, as far as the law is concerned it was in the buyers possession when it was 'allegedly' dropped - unless he can prove otherwise

[yellowt5r]

hi all,yes mr x has sent me another letter!

he talks about my "misrepresentations at the time of sale" which "induced us to purchase the bike" well im lost now he is asking for a full refund plus the £300 honda bill or if i dont do this id be "well advised to consult a solicitor for a better understanding of the law of misrepresention"

help would be great for the misrepresention part

[JonCris]

If you didn't claim the speedo was OK & it was working when you last used it then he hasn't got a cat's in hell chance of winning.

Any solicitor he goes to worth his salt will tell him the same

I should write back simply denying his allegations & that you are not prepared to consider any refund and state that the bike was fine until after they took delivery.

Furthermore should he decide to take legal action you will counter claim not only for your costs but also for damages for their defamation in claiming you misrepresented the bike to them

IMHO & in view of their attempts to obtain & full refund + alleged repair costs I think your being scammed

[Conniff]

IMHO & in view of their attempts to obtain & full refund + alleged repair costs I think your being scammed

That's my opinion as well. How did is escalate from a speedo to full refund.

[ScarletPimpernel]

Time for these idiots to put their money where their mouths are; why not write one last time and suggest that you have made your position clear and are not prepared to enter into any further correspondence. If they choose to go to court you can defend and counterclaim.

[Boro]

Stick with it they have no chance

[The GodMother]

well from what i understand and what l have read i would advise you to stick to your guns.

If they want to try and claim against you then let me but they have to understand that they might lose. you also have to understand that you might lose aswell.