Some kid wants to take me to a small claims court....

[Chalky.]

How do

Not really as interesting as it first sounds, there's a character limit on the title though!

Sold a car a month or so ago. I said in the ad it "will have 12 months MOT on it for the new buyer".

It was up pretty cheap as I needed the space, and someone came within days for it. Now I hadn't had time to put an MOT on it, said this to him on the phone and when he collected it - no witnesses though.

Now looks like he's gone to put an MOT on it and it needed a new tyre (even though they were all legal tread depth when sold )

Wants me to pay for garage bill. Swiftly told him where to go, but now he's banging on about small claims court.

With the only written evidence being the advert where I wrote it will have 12 months MOT, which way would the court go. Never did a bill of sale for about the first bloody time aswell

Cheers

[Stevie GooGs]

How much is the garage bill?
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[PsychoHippy]

It's a private sale so it is sold as seen, regardless of how it was advertised. Did it have any MOT when he drove it away from your place? If not, did he know it didn't have one?
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[Chalky.]

£110 I think.

[Ste]

[hellbound]

And you did tell him twice that it didn't have an MOT yet so he will be pretty hard pressed to actually win.

unless he lies of course, which is possible.
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[Chalky.]

No MOT when he drove it away, knew it didn't have one.

There'd be no way to prove he knew there wasn't an MOT on it, that's my worry.

Of course I could pay him the money... but also know where he lives.

[tatters]

No dont reply to him, just ignor any letters he sends l had this years ago after selling a project AF1 125 with no MOT to some kid who took it to a garage who charged over 1k to do some minor work and wanted his £600 back plus the 1K for the work got all sorts of threating letters trying to pass off as legal threats to take me to small claims court etc he gave up after a month.


Always when giving a recepit put the words "sold as seen" on it too.
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[Chalky.]

I think he does plan on telling porkies.

Good link Ste, thanks.

So basically I'd have to prove that he knew there was no MOT on the car, which I can't.

What's it going to cost me losing in a small claims court - court costs etc? Might not pay until he takes me there, see if he has the minerals.

[Charlie]

Be worth finding out from a layer or something really. Did you not give him the old MOT when you sold the car?
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[hellbound]

[Chalky.]

[pinkyfloyd]

If he takes you then you'll have to pay the amount he's claiming for and his court fee. He has to pay initially to start court procedings.

Truth of the matter though is he's probably calling your bluff. It might have changed over the years but I had to use them once about 10 years ago and for the amount he wants its just not worth the effort.

Its a whole time consuming load of rubbish that you have to go through and if he hasnt sent you a formal letter with his intentions then do nothing. Dont talk to him if he calls. Just tell him the that since he's threatened legal action that he must go through solicitor.

Its probably a mouthy brat that hasnt a clue.


This might help.

https://www.thesite.org/homelawandmoney/law/introuble/beingtakentocourt
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Teflon-Mike:I think I agree with just about all Pinky has said.

[Ste]

Only ignore letters sent by normal post, you never received those letters and the buyer can't prove otherwise.

The costs involved with the small claims court are here.

[Ste]

[chris-red]

Did he pay the asking price?

If he paid less you can say that that was the arrangement, no MOT for cheaper price.
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[hellbound]

[N cee thirty]

if you sold it to a crewey,told um to go fuck themselves
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[Chalky.]

Paid less than the asking price. He's said he'll send the letter recorded, no-one will be there to sign it though - I'll be abroad for the next few weeks, so it'll probably get returned to him.

He was a white english lad, from Yorkshire I think.

I'll leave it for the moment and see what happens... if it goes that far, the lying scroat's car might just spontaneously combust.

[Blau Zedong]

As previous suggestions, do nothing at all.

I sold a Bandit 400 a few years ago, guy test rode it etc, gave me the cash then a month later sent me an email BAAAAAAWING about issues with the bike, including veiled armchair lawyer threats.

I replied that he'd taken steps to satisfy himself to the vehicles condition and that it would be in his best interests if he never contacted me again.

The end.
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[Kwaks]

The fact that he took the car for an MOT proves he was aware there was no MOT. Would like to see how he explains that one.


Sounds likes bluff
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[dodgydog]

[Frost]

If he is unhappy with his purchase as it is not as described or fit for purpose he can return it in the original condition for a refund. In a civil court you need only convince the judge that on balance you're right (e.g 55% right) rather than a statutory case where you have to prove beyond reasonable doubt e.g 95%+. That's why civil court is never a nice option.

[mad4it028]

isnt driving without an mot illigal ???? hmmm is he sure he wants to take it to court as the fine for driving without an mot is probally more than the tyre cost?
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[JP7]

As DaFrostyOne says, in civil court it's judged on balance of probabilities rather than beyond all reasonable doubt.

A privately sold car is sold as seen with no warranty, but must be accurately described. If the buyer can produce the advert that says it is sold with 12 months MOT when in fact it was sold without, then it could be argued the car wasn't accurately described. And without a bill of sale stating he has accepted this, on the balance of probabilities you'd be likely to lose. There's no proof of what conversation took place over the MOT.

It's not hard or expensive to take someone to small claims. I think the fee is something like £75, and if you'd lost you'd be expected to pay this, plus the £110 he's claiming. But I'm not sure I can see this young lad going through with it.

If you did him a deal with a bit knocked off for no MOT, there isn't much case to answer. If not, perhaps as a goodwill gesture you could chuck £50 at him to cover the cost of an MOT, to get rid of him. (Just make sure he signs to accept that as final settlement).

Good luck!