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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69268
Experience:  Over 5 years in practice
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hi I have someone trying to counter claim solicitors costs

Customer Question

I have someone trying to counter claim solicitors costs and compensation after he was found guilty as a trader for selling a car under the misrepresentation of goods act his charges were £3000 solicitor £500 compensation plus a fine and costs of £500. i offered to refund him at any time as soon as i learned the car had incorrect milage but he refused my offer for the car as i sold it to him with incorrect milage. where do I stand?
cheers Sam
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.

Thank you for your question. My name is Jo and I will try to help with this.

Why is he saying you are liable?
Customer: replied 3 years ago.

For Jo C

hi hes says i'm liable as i sold the car to him knowing it had incorrect milage as i bought it from a car auction and signed for it with incorrect mileage. yes stupid mistake. the car was my personal car for 8 months, and as soon as he brought this fact to light when he sold it on, I offered him full refund plus his costs to pick it up plus remedial work as he sold it as a trader.

thanks Sam

Expert:  Jo C. replied 3 years ago.

This is nothing to worry about.

The claim he does have against you is in misrepresentation and he might get the sum of the contract back if he is able to deliver up the car. It was some time ago though so he might just get the diminution value.

In any event though, you are not responsible for the cost that he sold the car on. That isn't anything to do with you and your wrongdoing.

Can I clarify anything for you? I'm just offline on a minute as its after midnight but I can pick up in the morning if thats ok?

Customer: replied 3 years ago.

for Jo c

thanks Jo

I am just worried he can recover his full costs from the outcome of the trial, He cannot get the car back as he refused in court as the customer had been driving it. So he only had to pay the compensation for incorrect mileage. I have however offered to pay the compensation he payed as way of an appology as i thought that was only fair. Yet he is threatening me with violence and court if I do not reimburse him in full. what is the procedure and how do you think I should procede. mornings good. Thanks for your help.

best regards


Expert:  Jo C. replied 3 years ago.
Sorry for the delay overnight.

I would just send him one letter setting out your position and then invite him to sue if he disagrees.

The threats of violence are obviously unpleasant but you can report them if they continue.

If this was a criminal trial under the trading standards legislation then he must have been shown to be something more than an innocent misrepresented.

Unless he can prove that you fall into the same category there is no case against you and clearly trading standards have not shown any interest in you so far.

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