horsebox - misrepresentation of vehicle - ataloss

Can someone please explain to mean the meaning of buyer beware and private vehicle sales.? I am due in court tomorrow. . In Sept last yr I sold my horsebox I had owned for 18 months. I had never had a problem with it and had travelled approx 8000 miles in the time I had it. I listed it on eBay n sold it to a lady in south of England. She won it on the Saturday n collected the following Thursday. When she arrived I gave her all documents to look through. She said she was unsure her horses would fit and I said she didn't need to take out of she didn't want to.

She did take the vehicle n contacted me 4 weeks later to say she had noticed on the mot certificate a difference in mileage as If the vehicle had been clocked. I asked her to send me a pic n sure enough there was a difference so I started to investigate it. She then went mad down the phone at me screaming I was part of a gang of car thieves etc. I then spent a whole day getting every ounce of service history history for the van and yes it turned out 18 months before I bought it the mileage clock had been replaced. I went to ebay.. the police and vosa all who said this was beyond my control.

She listed it on ebay to sell saying it was 2 small for her 17.2 horses despite me saying it was only suitable for 16.2 n under. I had had to spend some of the money on a vet bill but offered her all but 1000 of her money back of she wanted to bring it back. Bearing in mind she had continued to use it knowing the mileage was wrong and she had ripped the tack area out.

she refused this and has spent 9 months taking it to Court.

I have been referred to a counsellor. . And under doctor stressed to Max. My solicitor said it was innocent misrepresentation as I was completely unaware of circumstances.

has anyone experianced this pls. My solicitor fees are now over 1200 pounds and I am on verge of a nervous breakdown.. help.?

Edited by ataloss on 29/07/2014 at 09:31

horsebox - misrepresentation of vehicle - RobJP

Go to court. Take all your documentation with you - including the original selling advert where you stated it was suitable for horses 16.2 and under.Take any correspondence that you received from police, DVLA, etc.

Assuming all is as you've said, then you stand a VERY good chance of winning. I've seen it myself, there is a fairly good chance that she won't even turn up in court, just trying to scare you.She's a bully, and when the chips are down, she's going to turn into a coward.

If you do win, or if she doesn't turn up, ask the court to force her to pay your costs.

horsebox - misrepresentation of vehicle - Palcouk

You dont mention the origonal sale value. The small calims court limit being £10k and in this niether party requires a solicitor, and in most cases the wining party cannot recoup any solicitors costs, or any other costs

Go to court with all your paperwork and hopefully a copy of the origonal advert. Based on what you have said, the persons claim will fail.