Ask a Law Question, Get an Answer ASAP!
Hello my name is ***** ***** I will help you with this.
Did you sell this in the course of business please?
i sold it from my ebay business account but my business is selling car parts, not cars
Yes. Sadly the law says that even if you sell it and you are a business, even if it is not actually your main business you nonetheless sell it as a business
This means that you have to bring all faults reasonably to the attention of the consumer
Therefore you have sold this as a business and if the engine has been changed, you as the seller are liable
I am sorry if this is not the answer you are after and certainly not the one I want to give you, but I have a duty to be honest
Can I clarify anything for you about this today please?
what would be the process if i refuse and they decide to take the matter to court?
They would issue proceedings. If you do not defend they would get Judgment in default. If you do defend then it would proceed to a trial
how long is the process and what amounts I might have to pay besides the actual cost of the refund?
It would take around 4-6 months.
Assuming its below £10,000 it would be a small claim so you would be liable for Court fees, interest and witness travel expenses
that is roughly how much?
Really varies on the value of the claim but Court fees are listed here
See the link for Court fees
would i personally be liable or the company?
Your company if you sold it through the company and the company was paid
But personally if you were personally paid by the buyer
ebay account business name is ***** ***** i was given cash in hand
You would be sued personally then
in the process takes 4-6 months, during that time are they responsible for the condition of the car?
They just need to take reasonable care of it
what prevents them from using the car all that time and then returning in a worse condition?
They can. Then you would need to issue a counter claim
And argue diminution in value
Can I clarify anything else for you?