I think you have an excellent defence. However this is small
claims court and you will not recover legal costs even if you instructed
solicitors. You will get expenses for your travelling and time on the day in
court but that is all and that cost might be more valuable to you in terms of
I think you make an extremely good argument that the contract is
void for illegality because clearly, this was a fraudulent contract designed to
defraud eBay from their rightful fees. A court will not enforce an illegal or a
I agree with you that I think that the warranty is something
between the buyer and the supplier if the warranty terms do not mention that it
is not transferable and they do not mention that the machine cannot be moved
which I must admit I find most unusual.
You have not misrepresented the machine and under the Sale of
Gods Act your liability ends after one month in any event.
If he has claimed £450 and you have offered £450, I really cannot
see what his gripe is. It would be worthwhile, if you still feel like you would
like to settle this, to send an offer marked "without prejudice save as to
costs" telling him that you will offer him £450 to settle the claim, on the
strict understanding that it is in full and final settlement of all claims
against your company past, present and future.
You could consider sending a cheque with the letter and see
whether he cashes it but do send it stating that heavy does not accept it, he
should return it to you.
Timescale apart, I think you are an excellent chance of defending
Please remember however that every piece of litigation needs at
least two parties and each party goes to court having been told by their
respective legal advisers that they have a good chance of success nonetheless,
one of them always loses.
If it does go to court be sure to raise the fact that you have
offered £450 to settle the matter but that the claimant refused it wanting his
You need to make sure that any judgement (if you do lose) does
put a stop to any future claims. That will allay your fears which appear to be
met your main concern.
If ever you are advertising something again with manufacturers
warranty you might want to change the wording of the adverts likely to say that
the buyer will have to check whether the warranty is transferable. For the sake
of those few words, you would not have had this problem.
Production you also need to say specifically that buyers must
test the machine and satisfy themselves as to its condition and fitness for
purpose as it is being sold completely and utterly without any representations
and without any warranty, expressed or implied.
If you have not done already, please don't forget to positively
rate my answer service even if it was not what you wanted to hear. You should
now see a series of buttons which enable you to rate my answer service
If you don't rate it positively, then the site keep your deposit and I get 0
for my time. It is imperative that you give my answer a positive rating.
It doesn't give me, "a pat on the head", "good boy" (like ebay), it is my
If in ratings you feel that you expected more or it only helped a little,
The thread does remain open for me to answer follow-up questions
after rating my answer service.
Rating doesn't close the enquiry at
all even though the site may give that impression. It remains open for you to
read and ask for further clarification.
PS Experts on here are online and off-line all day each day and
weekends so please bear with me if I do not get back to you immediately.
PS. I use voice type, voice recognition typing because I only
type with two fingers and it would take me ages. Sometimes, a computer does not
hear me correctly and you will get an incoherent word. I do try to but
sometimes they slip through. I apologise therefore if anything doesn't make sense.
It is me losing it, not you. Just ask if anything is not clear please.