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

[Conniff]

Here is what CAB has to say.

http://www.adviceguide.org.uk/c_priv...boot_sales.pdf

This part is interesting:

Refund

You probably won't be able to return (reject) faulty goods and get your money back because goods brought from private sellers do not have to be free of faults.

[Rob S]

It seems that when you bought the bike that you did all the right things in respect of having a HPI check. It was not your fault that the insurance company failed to record the fact that the bike was a Cat C write off and you have the paperwork to back you up on that. It was only investigation by your claimant that revealed this.

It might be worth your while to do another HPI check on the bike to see what it shows up now.

As for where you stand, it is still very much a case of buyer beware and I don't believe the case put before the court will alter that in any way.

[JonCris]

If the bike was written off BEFORE you owned it then it's very unlikely they will succeed. Also with a private seller there is no requirement to voluntarily disclose such information unless directly asked the question

[The GodMother]

So now they have claime u new about the rite off.

Do you have paperwork to say that u did not. if so i dont think the would win.

[JonCris]

The OP doesn't have to prove a negative. They have to prove he did know

[The Plough]

Just subcribed... Good luck Yellow... some good points in this thread

[yellowt5r]

found out today the company where the bike came from according to some paper work has closed down due to the owner has done a runner as the was alot of people after him cause he sold alot of dodgey bikes.

reply to godmother;the buyer just thinks i knew the condition of the bike (cat c write off) when i bought it but i never had any idea.i honestly think experinced biker wouldnt off even been able to tell as the bike was in such good condition.as stated before the bike was HPI clear so i was very happy to buy it.

[yellowt5r]

Originally Posted by JonCris

If the bike was written off BEFORE you owned it then it's very unlikely they will succeed. Also with a private seller there is no requirement to voluntarily disclose such information unless directly asked the question

the buyer has put in the evidence he ask me was "everything working ok" as everything was at the time i said "yes to my knowledge",but he has just stated i said "yes".

also asked "has the bike has been crashed or dropped" again i said "no since in my ownership" he has just stated i said "no"

again its going to be hard to prove but his son was with him at the time no doubt he will say i only answered "yes" or "no" which could be a problem for me.

[yellowt5r]

now i have got this form to fill out to say weather i shall defent or not does this mean it will definatly go into a court hearing??

[JonCris]

Originally Posted by yellowt5r

now i have got this form to fill out to say weather i shall defent or not does this mean it will definatly go into a court hearing??

You not a dealer so can't be expected to know about the bikes history before it came into your possession..

Did they or the court send you a response pack with their N1 claim form

What are they claiming have they supplied you with their particulars of claim If not you can write on the form that as the claimant has failed to particularize their claim I am unable to plead & leave at that because it's important before you prepare your defense that you know what they intend to rely on in court

If they have you have 14 days from the date of issue to acknowledge receipt of the claim. If you say you will defend the full claim & where it says particulars of claim write particulars of claim to follow you have a further 14 days in which to prepare & lodge your defence

[The GodMother]

can u post the POCS?

[yellowt5r]

Originally Posted by The GodMother

can u post the POCS?

hi sorry whats POCS?

EDIT;ok i know what poc is now.well its 14 pages long!!some how he managed to waffle on so much its turns out to be 14 pages

[The GodMother]

the claim form is 14 pages long
Iam amazed the staff did not fall asleep reading it. Let alone the judge when he gets to read it.

[yellowt5r]

so does this mean ill have to stand in court for 100% or will they decide they will accept the case or not after i put in my defence in?

[The GodMother]

No.
the case has been accepted and now u need to put your defense in, try not to make it 14 pages.

The courts will send a copy to the claimant and the claimant will get 28 days to asses what u have said then to tell the courts if they want to proceed. If they dont inform the courts further then the case will be stayed.

If they inform the courts hey want to proceed then u will get a allocation questionairre threw where u can have to case move to ur local court.

[yellowt5r]

ok thanks for that.ok cant understand why they have accepted it though the buyer even states the crash wasnt on the HPI and the company who had the bike after the crash has gone under due to the owner of the company was wanted for selling dodgy bikes but the buyer some how presumes i knew about the damaged when i bought it (but not true at all)how can they honestly accept it?

did they bother to read all 14 pages??