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Yesterday, sold bike. Today, court threats?!

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stinkwheel
Bovine Proctologist



Joined: 12 Jul 2004
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PostPosted: 19:54 - 15 May 2021    Post subject: Reply with quote
Ste wrote:
Stop replying to his messages.


This.

If you keep replying, he knows he has you worried about it and will keep pushing.

Block number, stop engaging.

If he is taking tyou to court, he will need to serve a letter before action then court papers.

Nothing is real until official court papers have been served.

It's £100, less than the cost of a tyre, he is a fucking chancer. Don't give in to it.

I've only once actually demanded money back on a used bike. There was evidence that it had been flipped and repaired, it was an import and had been bodged back together for sale. None of that was a basis for asking for money back, I could and should have checked.

What I did do was demand they pay for a replacement shock because it had totally shat itself and had no appreciable damping, rendering the bike unroadworthy. This was compounded by the fresh MOT thery'd issued for the bike from their own workshop and it having done no miles since. I basically told them they could either buy me a new shock or I'd get VOSA to inspect the one it had fitted with zero miles covered since the MOT.
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xX-Alex-Xx
World Chat Champion



Joined: 12 Sep 2019
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PostPosted: 20:10 - 15 May 2021    Post subject: Reply with quote
Easy-X wrote:
To be fair "I'll see you in court!" does sound rather ominous. It's only after you've taken out or defended a lot you can reply "Big Whoop!" with any confidence.


Over 100 quid with zero case, it's not ominous - it's laughable.
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MCN
Super Spammer



Joined: 22 Jul 2015
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PostPosted: 22:57 - 15 May 2021    Post subject: Reply with quote
KiwiBob wrote:
If he texts again tell him you've contacted a solicitor who says there is no case and that if he wishes to take it further you will see him in court!


Yes good advice. If it get in front of a magistrate and the magistrate finds both parties are lying then it's not going to look good.

In law it is aye better not to be the whanker.
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to v or not to v
World Chat Champion



Joined: 24 Nov 2020
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PostPosted: 23:04 - 15 May 2021    Post subject: Reply with quote
BedsClanger wrote:
As a former solicitor


i hate you Razz
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BedsClanger
Two Stroke Sniffer



Joined: 16 Feb 2020
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PostPosted: 07:08 - 16 May 2021    Post subject: Reply with quote
to v or not to v wrote:
BedsClanger wrote:
As a former solicitor


i hate you Razz

Very Happy At least I stopped!
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GSTEEL32
Traffic Copper



Joined: 24 Feb 2010
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PostPosted: 12:29 - 16 May 2021    Post subject: Reply with quote
A 3 grand bike with 4 owners is never going to be showroom condition. You explained all of that in your ad. It is now 5 years old.

You described it as "good", its his job to argue his case before he hands over the cash.

Its an un-faired bike, so you could never be accused of hiding anything untoward, in terms of crash damage or leaking hoses (as he describes). He could have checked all that out, when he came to give the bike a once over.

In an ideal world, your wording on the receipt would have been "sold as seen", but I'm assuming that didn't happen.

In any event, its a private sale, so caveat emptor is the overriding issue at play here. I feel sorry when it happens to people being royally bummed by a chancer, but I do not believe that this is the case here.

In the (few) legal instances I've seen of this, if there is the slightest chance the damage could have happened with the new owner, then unfortunately the new owner wears it like a dog.

As advised, cease all communication.
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DJP
Crazy Courier



Joined: 11 Dec 2011
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PostPosted: 11:18 - 17 May 2021    Post subject: Reply with quote
This is a very common scam nowadays and well documented elsewhere on the web.

It was a private sale and he had ample opportunity to inspect the bike prior to purchase.

Unless you deliberately lied about the bike's condition he doesn't have a leg to stand on.
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daws0n
Borekit Bruiser



Joined: 03 Jul 2017
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PostPosted: 11:27 - 17 May 2021    Post subject: Reply with quote
Just received message saying he's submitted application to court in Bristol.
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trevor saxe-coburg-gotha
World Chat Champion



Joined: 22 Nov 2012
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PostPosted: 11:51 - 17 May 2021    Post subject: Reply with quote
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Fat Angry Scotsman
World Chat Champion



Joined: 12 Jan 2021
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PostPosted: 11:53 - 17 May 2021    Post subject: Reply with quote
I know it's echoing what others have already said but I would have simply ignored their first text anyway as anything you write back (no matter how well your intentions) can be used against you.

I see these things as the same as talking with the Police: they talk to you to establish your guilt, it's never to establish your innocence. The more you say, the more likely you are to say something wrong or can be used against you.

Forgot to say, keep us informed. I know they're chancers and it's probable it will go away.
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Ste
Not Work Safe



Joined: 01 Sep 2002
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PostPosted: 12:04 - 17 May 2021    Post subject: Reply with quote
daws0n wrote:
Just received message saying he's submitted application to court in Bristol.

That's nice, it sounds like he hasn't even read the information that tells him where to send the application. Laughing
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Fat Angry Scotsman
World Chat Champion



Joined: 12 Jan 2021
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PostPosted: 12:05 - 17 May 2021    Post subject: Reply with quote
daws0n wrote:
Just received message saying he's submitted application to court in Bristol.


Lmao he sent you the text or you received an e-mail/ letter from the County Court?

If it's the former, he's probably lying anyway. Wait until official Court documents are served.

I don't know how it works in England but here in Scotland the papers need to be served on you personally by two Sheriff's Officers (or Messenger-at-Arms). They can also have it served by Royal Mail Recorded Delivery but if you're not in at the time then it cannot be served and is returned to sender.

I've been to the Sheriff Court six times in the past five years and won every single time.
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slowasyoulike
Scooby Slapper



Joined: 17 May 2021
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PostPosted: 12:11 - 17 May 2021    Post subject: Reply with quote
daws0n wrote:
Just received message saying he's submitted application to court in Bristol.


Long time lurker, signed up to reply to this because I have had to deal with a similar nobhead recently. If he has said the above he is lying - you have to have sent a Letter Before Intent before any court proceedings can begin.

Not that I'd expect him to instigate court proceedings anyway because the onus was on him to inspect the machine before buying. He had opportunity to do this, he didn't - that's his tough shit. He has no leg to stand on. Add to the fact that he can't decide what he's taking you to court for - is it half the repair? The whole repair? Storage? A refund? - only goes to the fact that he is a chancer and quite probably a mentalist too.

The best advice I can give you is what's already been said several times here - stop talking to him. Now.

Block his number and get on with your life Thumbs Up

Last edited by slowasyoulike on 12:15 - 17 May 2021; edited 1 time in total
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BedsClanger
Two Stroke Sniffer



Joined: 16 Feb 2020
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PostPosted: 12:15 - 17 May 2021    Post subject: Reply with quote
If he's issued proceedings in Bristol, then you'll be able to have them transferred to your local court (in fact, I think it might happen automatically).
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Freddyfruitba...
World Chat Champion



Joined: 20 May 2016
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PostPosted: 12:18 - 17 May 2021    Post subject: Reply with quote
Nobody commented either way on this post... is this a possibility:?
Freddyfruitbat wrote:
I can't see where the damaged part is on the bike, but is there any possibility that the buyer has attached a broken component to the bike just for the purposes of scamming the seller? Might be interesting to review the buyer's eBay buying history.

Doesn't change the already proffered advice simply to ignore and move on, but interesting to consider
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Easy-X
Super Spammer



Joined: 08 Mar 2019
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PostPosted: 13:06 - 17 May 2021    Post subject: Reply with quote
"Submitted to a court in Bristol" didn't happen, pure fantasy.

One would first need to lay out what was being requested in a formal letter with proof of delivery* before even filing a claim. A text message exchange doesn't not in any way fulfil this obligation (however, don't say anything dumb in such messages as they could be cited later.)

Again, if it was me I'd be laughing my socks off but if you're not familiar with the process...

*Not strictly necessary but a defendant could easily argue "must have got lost in the post" otherwise.
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DJP
Crazy Courier



Joined: 11 Dec 2011
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PostPosted: 13:14 - 17 May 2021    Post subject: Reply with quote
daws0n wrote:
Just received message saying he's submitted application to court in Bristol.


He's almost certainly bullshitting.

In the very unlikely event that any court paperwork turns up, the boggo defence is -

1. The Defendant denies that he is liable to the Claimant as alleged or at all.

2. The Defendant sold the vehicle that is the subject of this claim as a private seller and no warranty was given or implied.

3. The Claimant had ample opportunity to inspect the vehicle before purchase and had the opportunity to test drive the vehicle but chose not to do so.

4. The vehicle was a used vehicle and was sold for a price that reflected its age and condition.

5. The Claimant has no reasonable cause of action and this claim should be dismissed.
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stinkwheel
Bovine Proctologist



Joined: 12 Jul 2004
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PostPosted: 13:18 - 17 May 2021    Post subject: Reply with quote
daws0n wrote:
Just received message saying he's submitted application to court in Bristol.


How can you be receiving messages when you've blocked him?

Can't have come from the court because you've not had a letter before action, also courts serve papers by post, today is Monday and they don't work at weekends.
____________________
“Rule one: Always stick around for one more drink. That's when things happen. That's when you find out everything you want to know.”
I did the 2010 Round Britain Rally on my 350 Bullet. 89 landmarks, 3 months, 9,500 miles.
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daws0n
Borekit Bruiser



Joined: 03 Jul 2017
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PostPosted: 13:19 - 17 May 2021    Post subject: Reply with quote
He's gone from "I'm not stopping" once proceedings start to increasing money demands post application.

Now being demanded more than three times the original amount of money asked for.

This is fast progressing into what feels like criminal extortion?
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trevor saxe-coburg-gotha
World Chat Champion



Joined: 22 Nov 2012
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PostPosted: 13:19 - 17 May 2021    Post subject: Reply with quote
OP is going DOWN. Practice not dropping the soap every time you shower. Buy a couple of shell-suits cos they dry quickly. Learn how to fashion a chib from an old tooth brush. Look up some cockroach recipes.

https://thumbs.gfycat.com/QuestionableImaginaryCockatiel-mobile.mp4
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DJP
Crazy Courier



Joined: 11 Dec 2011
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PostPosted: 13:23 - 17 May 2021    Post subject: Reply with quote
daws0n wrote:
He's gone from "I'm not stopping" once proceedings start to increasing money demands post application.

Now being demanded more than three times the original amount of money asked for.

This is fast progressing into what feels like criminal extortion?


If he contacts you again tell him that you're reporting him to the police for harassment.

If he carries on, do it.

(Oh and don't reply to him again).
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Ste
Not Work Safe



Joined: 01 Sep 2002
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PostPosted: 13:28 - 17 May 2021    Post subject: Reply with quote
Freddyfruitbat wrote:
Nobody commented either way on this post... is this a possibility:?

4 minutes after OP posted the thread, I said "you've no idea what they've done to it since it's been in their possession".

The buyer might have fitted some broken part(s) to try and get some money back or they might have broken it themselves.

Easy-X wrote:
One would first need to lay out what was being requested in a formal letter

It's not a requirement but it's a good idea. The fact he hasn't sent one bodes well for the OP as it would strongly suggest the buyer hasn't sought advice on how to proceed. The fact he's gone for the small claims court route rather than money claim online is another oddity.

Courts will be wanting to see that the claimant has tried to resolve the problem before turning to the courts. The text messages OP received over the weekend show that the claimant doesn't know what they want and they threaten court in an attempt to intimidate the OP. I don't think the chain of text messages would impress a court so make sure you save them and save screenshots of them.
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Ste
Not Work Safe



Joined: 01 Sep 2002
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PostPosted: 13:35 - 17 May 2021    Post subject: Reply with quote
DJP wrote:
If he contacts you again tell him that you're reporting him to the police for harassment.

No no no no no no.

Please no.

All OP has to do is not reply to the text messages.

The text messages the buyer keeps sending will help the OP should it ever end up in court. However at this point I'm doubting whether he's even sent off the court application paperwork. Laughing

If OP can't stop himself from replying to the texts then he needs to block the buyers number right now. If he can stop himself from replying to them then just let them accumulate so they can be referred back to if necessary.

daws0n, please stop replying to the text messages.
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Fat Angry Scotsman
World Chat Champion



Joined: 12 Jan 2021
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PostPosted: 13:48 - 17 May 2021    Post subject: Reply with quote
Ste wrote:
[All OP has to do is not reply to the text messages.

daws0n, please stop replying to the text messages.


THIS ^^

OP has been advised to stop texting this guy 16 times already in this thread but seems to keep going back to him.
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UncleFester
World Chat Champion



Joined: 30 Jun 2013
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PostPosted: 13:54 - 17 May 2021    Post subject: Reply with quote
And until the commnuication from the courts arrives on your doorstep, get on with life.

https://www.which.co.uk/consumer-rights/advice/how-to-use-the-small-claims-court-avaeF3Q5CcZt
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