small claims court

[MuggedByBank]

Hi

 

I sold my car on ebay to a person who I now believe to be a dealer who was posing as a private buyer.

 

I described the car as best as I could and said there was possibly an issue with smoke from the exhaust, but that I didn't know enough about cars to know if it was perhaps just normal for a deisel of its age.

 

So the dealer wins the aucton, comes down and inspects the car, they ask me to drive it round the corner and back, I actually drive them a bit further than that ( about 5 streets away).

 

They pay the money, try to take the whole V5 without anything being filled in (I managed to stop them) and they also sign a receipt saying the car was sold as seen.

 

Anyway they come back 30-40 mins later, although I was no longer home.

 

I get a text from them saying that I said the car was "snoke free" and that I have sold the car with a known fault and they want their money back.

 

I reply pointing out that smoke was mentioned in the ebay listing etc. and pointing out they inspected the car and had a test drive and found no fault.

 

The next day they come back and start banging at my door and asking me to come out and "sort it out man to man" and miming strangling me - I call the police, the police speak to him and he leaves.

 

I believe this constitutes "demanding money with menaces".

 

Now I've received a letter stating that the test drive was inadequate and that after barely 5 miles white smoke stared belching out of the exhaust indicating a probable collapse int the turbo charger.

 

I only have his word for this, and surely if the turbo charger has collapsed after he purchased it then I am not to liable.

 

The fact is that I descibed the car in great detail, going the extra mile to be honest, even putting in things I was unsure about (like the smoke) so that the bidders knew everything I did and could determine for themselves if there was a problem.

 

And as a dealer is he not meant to have a superior knowledge of cars and know if something is a likely problem.

 

The fact is the car sold for 500 less than the what car valuation for it being in poor condidtion.

 

He is demanding that I pay the money back by Monday, no later than 12.00 (he doesn't state if this is am or pm)

 

He also hasn't signed the letter (I am now wondering if he gave a false signature on the receipt)

 

He says if I don't pay that papers wth be lodged with his local small claims court (about 50 miles away) and has even given me a date that the hearing will take place on.

 

Would he be able to get a date before lodging papers with the court?

 

Would he be able to take it to his local court when I have no transport to get there?

 

Given that this is Friday he has only given me 3 days to pay - 2 of which are the weekend. Which gives me no time to even get legal advice.

 

Is this another attempt at demanding money with menaces, should I take it seriously, should I take it to the police?

[oddjobbob]

Ignore it all, theres nothing he can do if you described it accurately in the ad.

 

Apart that is from telling him that if he comes round your house again you will call the police immediately.

 

No he can't get a date this quickly for a court hearing.

 

If he does take you to court you can get the hearing held locally to you.

[sailor sam]

Bluffing.

 

As long as you sold the car privately and you did NOT falsely advertise it, then there is no legal process for the buyer (private or otherwise) to base a claim against you. SOGA does not apply to private sales.

[BankFodder]

make sure that you notify DVLA about the transfer so that it is not your responsibility if it is not taxed.

 

Keep all paperwork - including your eBay description and keep notes of any contact you have.

 

If he sues you, the case will be hear in your local court.

[MuggedByBank]

Thanks for that everyone.

 

That's what I thought, but always good to get validation.

[ericsbrother]

You can tell he is lying by giving a hearing date. I have an ongoing court case and I got notified of my hearing date yesterday for march. I took out the summons last July.

[crem]

Total bull about court.

 

I have done several as a claimant. Basically you file a claim; the court notifies the defendant and waits for a defence (28 days); court sends you the defence (another 28 days); claimant accepts, declines or part accepts the defence (another 28 days); court notifies defendant of reply and sets a court date (maybe 6 or 8 weeks hence) usually also recommending mediation. Typically this will all take 4 to 6 months.

[MuggedByBank]

Thanks everyone.

 

I did think the court date part pointed towards it being a bluff.