Thanks everyone for their input. It is indeed shocking that someone can be taken to the SCC when they have done absolutely nothing wrong!I suspect that this may be a case of a "private individual" selling multiple cars / computers / other hardware under the same user-name on some of the "buy-and-sell" type web-sites.
I have complained to the site owners and operators that these "private individuals" are in fact small-time dealers trying to deprive consumers of their rights in relation to warranties and after sales service. When they copped out on a "not our problem" line and "read out T&Cs" nonsense, I started asking the questions of the "private individual" advertisers. For my trouble I got banned from commenting on ads from certain retailers, proof positive that for a number of the sites concerned revenue comes first and consumer rights don't matter.
Any possibility this might be the case with OP's friend's car?
She has no need to all that, tell the buyer that she'll get the car checked out by an independent mechanic and send on the report.Thanks everyone for their input. It is indeed shocking that someone can be taken to the SCC when they have done absolutely nothing wrong!
This lady is a nurse, works full time, shift work and overtime and is a PAYE employee. She's in her early 60's and is not internet savvy and doesn't sell anything online as she lives alone and doesn't want 'strangers' coming to her house. She's had this car for 3 years, we live in a smallish town and I've seen her driving the car for around that length of time, and has the documentation to prove it.
The purchaser is a young 20 year old man who contacted her approximately 3 months after the purchase to say that he wasn't happy with the car ' the way it was running' and he wanted his money back. She explained to him that he had purchased the car 'as seen', test drove the car and was happy with it then. She also pointed out that he could have brought a motor mechanic or someone else with some knowledge of cars when he came to make the purchase. His argument is that she didn't offer him that option!!!!
The young man has claimed that since he purchased the vehicle in May 2021, the car has been undriveable and off the road. Fortunately, a lot of young people live their lives on Social Media and I have found photos and videos on Instagram and Facebook of him indeed driving the car and attenting various events with friends. I have screen shot the photos and downloaded the videos for her to use as evidence in court.
AFAIK the onus is on the buyer, caveat emptor, to ensure that the 2nd hand item they are purchasing is in good order and particularly for 2nd hand cars, one should always bring a mechanic.
Someone may have told him to just go online, pay €25 and you can make a claim agaist her and this is what he has done. He's inferring that she's a business person, which is totally incorrect, but as cremeegg said earlier there's no mechanism available in the SCC prior to the actual hearing to ascertain if this is true or not.
She's now collating payslips for the past 6 months, has asked her employer for a letter stating that she has been a PAYE employee for the past 12 years at this particular nursing home and is printing copies of bank statements to show her income as a nurse and no other sources of income.
She's also calling the CRO to see if they can issue a letter stating that there are no companies registered at her home address or no businesses registered in her name.
She also knows where he works and is planning to wait outside his place of work to photograph him arriving in the car with the date and time stamp on the photo to prove he is in fact still driving the car and will do this for numerous days if his start time doesn't overlap with her working hours.
It's shocking to me that someone in their 60's would have to go to these lengths to prove that they're not operating a business. Besides the fact that he bought the car 'as seen' 3 months prior to complaining and didn't have it inspected by a mechanic.
I call all females "girls " even if they are older. LOLThe good news is that minors cannot be sued, it has to be done through their parents.
From the OP however, I believe this is an adult woman.
Even with a solid case the small claims procedure is grindingly slow; I wouldn't give it headspace at this time.
That's really all she needs. If she has tax / insurance/ nct letters showing the car was in her name for 3 years, that's all I'd be bothering with. Send it back - while there isn't a mechanism to mediate small claims, the clerk does have to power to strike out a claim that doesn't meet the small claims criteria.She's had this car for 3 years, we live in a smallish town and I've seen her driving the car for around that length of time, and has the documentation to prove it.
No. It'd be better not to engage rather than inadvertently admit liability.She has no need to all that, tell the buyer that she'll get the car checked out by an independent mechanic and send on the report.
Thanks Paul. However, why should she tell the buyer she'll get a mechanic to look at it when he purchased it 3 months prior to complaining and God knows what he's been doing with it during that time. I feel it's no longer her responsability - if he thought there was something wrong with it, he should have let her know immediately and he should have had it checked by a mechanic at the time of purchase.She has no need to all that, tell the buyer that she'll get the car checked out by an independent mechanic and send on the report.
My critical mind says if it was off the road there shouldn't be any mileage added, and if he claims its not driving well ,how does he know if it "was off the road"?
Is the car taxed?
Believe it or not ye can check this, my money is that it isn't.
She has right on her side use it. Be seen to do all the right things to resolve all the issues, the truth will out.
If the buyer is local has the car been seen on the road?
Was the change of ownership from her name to the new owners or was it in another person name for all or part of the last 3 years, before transfer of ownership,Yes, she lives alone and had the car for about 3 years before she sold it.
I agree and thanks for the advice. She's in such a state that she's going to go in with all the paperwork, photos etc. she can get her hands on to be sure the Judge believes her.No. It'd be better not to engage rather than inadvertently admit liability.
Straight from her name into the young man's name and it was in her name only for the 3 years.Was the change of ownership from her name to the new owners or was it in another person name for all or part of the last 3 years,
I always think solutions outside of courts are less arduous. If shes struggling with this I'd get her to the doctor immediately and record the effects this is having on her ......Thanks Paul. However, why should she tell the buyer she'll get a mechanic to look at it when he purchased it 3 months prior to complaining and God knows what he's been doing with it during that time. I feel it's no longer her responsability - if he thought there was something wrong with it, he should have let her know immediately and he should have had it checked by a mechanic at the time of purchase.
She has the mileage when the car was sold, but of course doesn't have access to it now to check the current mileage.
Didn't know you could check the tax, but if it's not taxed, he'll probably just say it was off the road?
He has been seen driving in the town and she has now asked friends to take a photo of the car and the shop or whatever it's outside of to prove that he's driving it.
She literally can't sleep as she's never had so much as a speeding ticket and has never been to court in her life.
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