Private seller being sued, Help

Worried25

New Member
Aug 17, 2010
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Hello All - this is my first post, but I was just hoping you'd be able to help me be slightly less worried! I will try and keep this brief!

I sold a horsebox on eBay in May, it was an old box which the price reflected, it had an MOT cert until October 2010, but no tax.
The buyer viewed the box (Monday) before bidding the next day and subsequently won the auction, collected the next day (Wednesday). She paid by direct bank transfer which didn't clear into my account until 3 days after the auction (Friday)

I then got a call on Friday evening, telling me that she had someone look at the box and they have told her that it was rusty and not fit for purpose. I was shocked as I did not know the vehicle was in such bad condition, I had actually used it up until the tax ran out a month before!

I have since received a claim form from Northampton CC, on the grounds that the vehicle had an advisory notice issued with its last MOT, stating that the underside is rusty. Thing is, when she collected the vehicle I gave her the MOT cert, complete with advisory notice - but she did not even look at it!

Also, I always understood that an advisory notice was just that... advice, so as the vehicle had an MOT cert it is infact roadworthy?

I am just very worried as she still has the horsebox, and is also claiming £700 ontop of the PP against me, costs, expenses etc.

I don't know whether to defend myself or agree to pay part (obviously just the Purchase price, and once I get the vehicle back, as it is worth money in spares/repair)

Am hoping to get some legal advice tomorrow... :(
 

nmonline

New Member
Oct 24, 2010
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Hi, I would offer a refund, and put it in writing. If refused, I'd go to court. Judges at small claims courts are usually surprisingly good at seeing through the p***takers, they will look favourably on the fact that you have tried to remedy the situation, and even if it goes against you, they will usually be very fair, and the other party will have to justify their costs.