Small Claims Court advice

brianon

Hi,

***First off ... I realise that the replies I get are not legal advice and will not rely on them as such.

I am looking for some advice on a Small Claims Court issue.

Just before Christmas my brother sold my old car to a private buyer on my behalf.

The buyer checked the car over with a friend and after a test drive was perfectly happy to buy. The car had very recently passed the NCT and other than a few minor faults that were pointed out to him the car was in good condition and had no other known faults.

A few weeks later he phoned my brother to say that there was a serious problem with the car engine and that it would cost 600e to 1000e to fix.
We could not (we are not mechanics) and did not know about any other faults.

Going against other peoples advice, I agreed to pay up to half the cost but that we would want to see quotes before any work was done. This was agreed with the claiment.

A few weeks later he contacted my brother to say that the work had been done and that he had a receipt for 650e !

This was not as we had agreed previously but again I agreed to pay half but only if the car was inspected by a mechanic to prove the work done. The last we heard from hime was several weeks ago. My brother missed the call but when he tried to ring him back he didn't answer and had no message minder setup.

I received this morning a notice from the Small Claims Court that the buyer of my car is claiming 650e from me. I rang my brother this morning and instructed him to tell the guy that I would pay half and he agreed.

But now I have thought about it and am beginning to think that I should deny the claim.

If I deny the claim ? Whats a likely outcome ?
If I agreed to pay half ? Could I be liable to pay more later ? Am I admitting liability when I am not laible (pretty sure I have no obligation to) ?

I had been willing to pay half because I put myself in his shoes and felt that it was the ’decent’ thing to do. But now that he has gone down this route !? ... I am quite annoyed.

Regards,
Brian.

jhegarty

did you sell the car "sold as seen" or with some type of warranty... sold as seen would be normal for a private sale....


did he get the car checked before buying it (his responsibility) ?

brianon

Car was wold with no warranty. Just 'as is'.
Car had just passed NCT. He test drove car and had a friend with him (not sure if he was a mechanic).

He was made well aware of any 'known' faults before he bought.

I decided I would pay half the cost as a good will gesture only. Then without any warning I get the small claims court letter.

maidhc

If you are not in the business of selling cars inform the registrar, and the case will be struck out. The small claims procedure is strictly only for consumer v. business disputes.

brianon

maidhc wrote:

If you are not in the business of selling cars inform the registrar, and the case will be struck out. The small claims procedure is strictly only for consumer v. business disputes.

Oh. I didn't know that.

jhegarty

brianon wrote:

Car was wold with no warranty. Just 'as is'.
Car had just passed NCT. He test drove car and had a friend with him (not sure if he was a mechanic).

He was made well aware of any 'known' faults before he bought.

I decided I would pay half the cost as a good will gesture only. Then without any warning I get the small claims court letter.

unless you are a dealer and sold 'as is' you have nothing to worry about...


my advise (not legal advise) don't give him a penny.... he took his risk buying private and got a better price before of it... he could have paid more in a garage and got a warranty ,, he can't have it both ways...

brianon

Thanks guys for you input.

Well I initially was going to give him money as I felt bad cause it happened only a few weeks after I sold it.
But now that he had the cheek to go down this route I am really reconsidering.

Also, if I do decide to give him a 'contribution' I am worried that I would be somehow admitting liability and leave myself open for a further claim !?

To clarify...I am not a dealer
It was a private sale and the first car I ever sold.

maidhc

brianon wrote:

Thanks guys for you input.

Well I initially was going to give him money as I felt bad cause it happened only a few weeks after I sold it.
But now that he had the cheek to go down this route I am really reconsidering.

Also, if I do decide to give him a 'contribution' I am worried that I would be somehow admitting liability and leave myself open for a further claim !?

To clarify...I am not a dealer
It was a private sale and the first car I ever sold.

The only condition implied by law into the contract of sale is that the car is not a danger to the public. Apart from creative arguments about engines shutting down at 70mph, this can really only apply if the car was unroadworthy. Since you just got an NCT this argument is more or less dead in the water. I dont see how you are obliged to pay anything (although I see why you might offer to go half ways as a decent goodwill gesture).

brianon

maidhc wrote:

I dont see how you are obliged to pay anything (although I see why you might offer to go half ways as a decent goodwill gesture).

Yeah, just worried if I do give money that I am admitting ... something !?

skyhighflyer

brianon wrote:

Yeah, just worried if I do give money that I am admitting ... something !?

No, a goodwill gesture is just that.

The only legal obligation for a private sale of a car is that you inform the buyer of defects of which you are actually aware of at the time and give a reasonably accurate description of the car.
Also the car must be roadworthy. That's it.

mel123

why give him anything at all, even if you think it is just a 'gesture of goodwill'. let him take you to the scc,he wont have a leg to stand on. buying privately, as far as i am aware (im not a solicitor or anything but i looked into it a bit when i was selling my own car privately) you buy the car as seen at your own risk. i personally wouldnt go down the road of handing out money. and if you do make sure he signs something or give him a cheque.

brianon

thanks. tbh I still am not 100% sure he's not just chancing his arm.
I guess if I was going to hand over ANY amount of money he'd need to show the work done.

Cheers again for all the input. Much appreciated.