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Ash, Solicitor
Category: Law
Satisfied Customers: 10914
Experience:  Solicitor with 5+ years experience
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We purchased a car, on an Ebay auction, as a present for our

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We purchased a car, on an Ebay auction, as a present for our daughter on 9th December 2013. The listing was very strict regarding 'no tyre kickers' ie: we were free to inspect which then freed the seller from obligation or warranty. We understood the implications but the listing said it had 12 months MOT cover and tax until 31st May 2014, and 'The car drives well'. We drove 70 miles to collect the car (Ross on Wye to Neath). It was driven onto the forecourt for us to inspect which we did, checking all the usual points. We told the seller that we intended to give it to our daughter for Xmas, paid and drove it back to Ross. It misfired on the way home, but we assumed it was something simple and aware of the listing terms, we decided to change the plugs ourselves, which seemed to resolve the problem. It was not driven again until 28th Dec when our daughter drove it back to Bournemouth. The following day it broke down in the centre of Bournemouth, creating a great deal of stress for our daughter. She managed to get it to a local garage, who changed the leads - this did not solve the problem and further diagnostic tests revealed a blown head gasket. We contacted the seller who said he would refund if we returned the car. The garage quoted to repair the gasket, and we offered to pay half, to save time and money on arranging towing facilities back to Neath, but the seller refused. A tag marked 'Scrap' was subsequently discovered in the driver's door. After some weeks of trying to resolve the problem with the seller, the garage insisted we remove the car from their forecourt and a friend with a trailer went to collect it and bring it back to Ross, where it remains. We cannot afford to get it back to Neath and have no trailer of our own. Our daughter had to walk to work for several weeks until we bought her another car. We have made a claim for refund and expenses for repairs and transport via the Small Claims Court. The seller ignored the notices and we obtained a Judgement, but his solicitor successfully applied to have the Judgement set aside. The hearing is to be held on 26th August. What should be put forward as our case? We inspected the car as best we could, on a garage forecourt, but could not have foreseen a broken gasket? Do we have grounds for claiming that he is responsible for collecting the car from Ross, and for claiming our related expenses?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this .
Alex Watts : On what basis is it being set aside please?

The judgement was set aside as the defendant's solicitor claimed he had mistakenly overlooked the due date for reply, but had subsequently submitted an application and was given the benefit of the doubt.

Alex Watts : Ok. What is the value of your claim please?

A total of £1096.10 including, fuel, transport and related repair costs after paying for the vehicle. Court fees also included £70.


The car alone was £621

Alex Watts : Ok. Was it from a private seller or dealer?

I omitted to tell you that when we came to apply for a refund on the car tax, we were informed that the disc was invalid, as the car registration had been changed.



Alex Watts : how old was the car and how many miles?

2001 - mileage 92039

Alex Watts : Did you plead in the original claim for collecting the car and related expenses ?


Alex Watts : Ok. Have you filed any statements yet?

Beyond the original claim forms issued by the court, we have sent copy letter and tax disc image to both the court and the seller. No other statements - these are due to be delivered to the court by Thursday 14th, hence our question to you now.

Alex Watts : Ok you need to file statements setting out a chronology of what happened and when.
Alex Watts : You need to send this to the other side and court no later than 14 days before trial.
Alex Watts : You put in here exactly what happened in some detail.
Alex Watts : You also put what you are asking the court to do and why
Alex Watts : The statement should be headed with the court, claim number, parties name and then who is making the statement
Alex Watts : It should also end that I believe the contents of this statement are true together with the signature

Yes we are aware of all of this, but we need to back up our case with legal knowledge (as his solicitor will no doubt be able to do) - which is why I asked my original a question - is he now, or should he have been liable to collect the car as it is no longer driveable? His case seems to rest on the fact that we had the chance to inspect the car, but we could not have diagnosed a blown gasket at the time of the sale?

Alex Watts : The legal test is this - were the losses reasonably foreseeable at the time.
Alex Watts : The judge will also consider the sale of goods act and consider whether the goods were fit for purpose and as described, given the age of them
Alex Watts : Clearly a car only 6 months old would be expected to have less defects than one 10 years old.
Alex Watts : Your strongest point is the part with scrap on.
Alex Watts : You could argue, as a dealer they must have known this, it's their job
Alex Watts : And they should have made reasonable attempts to notify you of the defect.
Alex Watts : But any losses must be forseeable.
Alex Watts : So if the judge finds for you, then I think the recovery of the return of the vehicle can be claimed.
Alex Watts : Does that help?

There appears to be nothing laid down in law to say who is responsible for collecting the car, so we will have to leave it to the judge to decide it seems. Thank you anyway.

Alex Watts : In law specially no.
Alex Watts : But Are the losses reasonably foreseeable
Alex Watts : If the answer is yes they can be recovered
Alex Watts : If not, then no
Alex Watts : Does that clarify the legal position for you?

I am not sure what you mean by 'losses reasonably foreseeable'. How does that apply in our case please.

Alex Watts : Ok. For example if the car broke down and she missed an interview so didn't get a Job
Alex Watts : Would that have been foreseeable ?
Alex Watts : probably not
Alex Watts : But if a car broke down and you won on liability, is it foreseeable that they collect it - probably yes
Alex Watts : Does that help?

Yes thank you

Alex Watts : It would follow if it broke down they should collect.
Alex Watts : Great,
Alex Watts : If the system won't let you or you need more help please click reply
Alex Watts : Unless I can help further might I invite you to rate my answer before you go.

OK thank you, ***** ***** compile the statement now and include copy images of all the relevant emails and documents (and tax disc).

Ash, Solicitor
Category: Law
Satisfied Customers: 10914
Experience: Solicitor with 5+ years experience
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