Legal advice - NEW DEVELOPMENTS - Further Update!

[tonigmr2]

Can someone post the advice here, I'd really like to see it!

You just need to be clear over what you knew and what you didn't know. If you thought the car was sound and you'd disclosed everything, then that's all you have to say. The law does not assume a private seller is an expert.

[todd]

http://www.pistonheads.co.uk/gassing/to ... gal+Advice

[HighwayStar]

That last post about says it all. His case is the supposed misrepresentation of the explicit statement confirming the legality of the exhaust system and the condition of the brakes and hence overall roadworthiness. Your defence, whilst always stating that regardless of all this it was sold caveat emptor and he inspected the vehicle and had the opportunity to have it inspected professionally at his own expense, to the first is that you made no claim in the ad or elsewhere to the legality of the system (if I understand your earlier comment about the actual content of the ad) nor were you either responsible for or aware of the actions of the garage at the last MOT before your period of ownership. Secondly the brakes. They appear to have failed due to sticking handbrake cables? This is a well known defect indeed. Particularly if you leave the car for a long time with them on in extremely cold weather as the new and unknowing owner has done. Moreover whatever the problem the call after the drive home confirming the new owners happiness with the car demonstrates that at point of sale they were to a reasonable standard observed by the driver.
Perhaps he does feel hard done by but don't be swayed... stick to your guns and there is nothing else to answer. Good luck with it.

R.

PS. Was he an older fella?

[sam1176uk]

I am sticking to my case as i feel i have nothing to answer for here, i have prepared a written defence which i will post off today. Will keep you all updated!

Cheers

PS Yes he was much older, i.e. 60-70yrs old

[Marf]

Jobsworth old c-nt who hasnt got anything better to do....

[HighwayStar]

Well maybe he's just skint and does feel frustrated by the experience. Whilst it's not the sellers fault we can all sympathise with feeling frustrations, particularly in these difficult and turbulent times. Can be tougher yet for our older citizens. However he's well out of order misquoting the advert (as you say he has) in his submission. Can't see that going down well.

[sam1176uk]

The link to my advert is in the post above, and he has included a copy of it in the paperwork, at no point does it state the legality of the exhaust system or the condition of the brakes, it says:

PPE Engineering racing Exhaust manifold, downpipe and backbox (over £1k worth)

Tarox disks, Mintex pads, goodridge hoses, brake fluid recently replaced and refurbed calipers blue, no mention of dates replaced or full working order

Actually think it strengthens my case as i mention every part of the exhaust except the cat, so he should have asked if there was one included.

[tonigmr2]

As before, stick to your guns, you told him all in your power to know.

[Simpson]

Just read the whole thing, the cheek of some people! Ny MR2 was garaged last winter as well, and after months of just standing there the breaks had siezed after previously being fine. Going off his theory maybe i should blame my grandmother whos garage its been stored in!

[sam1176uk]

Received a "Notice that a Defence has been Filed" today, anyone got any experience with these?

Am i likely to be able to change the location of the hearing as it is 350miels away?
Should i be calling on any expert opinions?
There is a space for "Other Information" where i can set out any other info which i consider will help the judge to manage or clarify the claim, including any info i consider should be supplied by the claimant?

Any help with this would be much appreciated.

Cheers

[raptor95GTS]

not having read much of this carefully I think you stop asking on here and get some proper legal advice. It would seem ignoring this situation is not making it go away. Just my 2p

[sam1176uk]

Thanks Allan, not been ignoring the situation though i have sent off my defence.

[HighwayStar]

Surely the latest piece of correspondence just confirms they have received your defence statement. The judge will consider it at a particular time and place. Not sure you have to be there fella.
Hopefully they will look at the two submissions and dismiss it before you have to undergo a huge road trip.

R.

[sam1176uk]

Surely the latest piece of correspondence just confirms they have received your defence statement. The judge will consider it at a particular time and place. Not sure you have to be there fella.
Hopefully they will look at the two submissions and dismiss it before you have to undergo a huge road trip.

R.

Yes it confirms they have received my defence statement but asks me to fill in a short questionnaire:
Location of hearing - Is there any reason why the claim should be transferred to another court? (well the court is 350miles away from me, is that enough reason?)

Experts report - should i be using an experts report here?

Other info - anything else that will help the judge clarify the claim, including info i consider should be supplied by the claimant?

Thanks

[Marf]

He can request to have the hearing heard at his local court. I suggest you do this. If the other guy doesnt turn up you win by default.

[sam1176uk]

He can request to have the hearing heard at his local court. I suggest you do this. If the other guy doesnt turn up you win by default.

I can request to have it at my local court? How will they decide which court to have it at?

[Marf]

If you request it at your local court, that's where it will be heard.

http://www.adviceguide.org.uk/index/you ... h_the_case

Which court deals with the case

The case can be started in any county court.

The court will then transfer the case automatically to the defendant’s nearest county court if:

* the case is defended, and
* the claim is for a fixed amount, and
* the defendant is an individual, not a company.

In other cases, either party can ask for the case to be transferred to another county court.

[sam1176uk]

So the defendant chooses the location of the case?

[Marf]

Yup.

[sam1176uk]

Sorry for all the questions but even if his court is in England and mine is Scotland?