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Subject Topic: Misled advert on private sale of caravan
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02/12/2022 at 9:21pm
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Well we got there in the end after a year of legal process. Went to the small claims court and won the case in Misrepresentation - caravan has to be collected by the seller, full refund and legal costs. Didn’t feel ecstatic just relieved and sad it came to a legal wrangle. Now comes the difficult part….getting our money back.


02/12/2022 at 11:38pm
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Glad to hear you have at least gained success at court.

It is a long time since I brought a case to small claims. The defendant applied for a re-hearing (and then did not turn up).
It could be a long way to go yet and you may need more advice in case of payment failure. You may also be left with a damp caravan as it may not be worth the cost of collecting. You may need to check on your legal standing in that situation.

Thanks for getting back on this and telling us what happened. Hope it works out in the end.


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03/12/2022 at 7:44am
 Location: Worcestershire
 Outfit: Buccaneer Cruiser
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Quote: Originally posted by Thumper18 on 02/12/2022
Well we got there in the end after a year of legal process. Went to the small claims court and won the case in Misrepresentation - caravan has to be collected by the seller, full refund and legal costs. Didn’t feel ecstatic just relieved and sad it came to a legal wrangle. Now comes the difficult part….getting our money back.



I am very pleased that you finally got it sorted. Getting the money back should not be too much of a problem. If they hassle call in the bailiffs. It should cost you nothing as the bailiffs claim their fees off the defendant. That is what we did many years ago and the defendant paid us the same day the bailiffs attached his shiny new Jag.


03/12/2022 at 10:07am
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Hi many thanks to you guys as well as some very helpful advice was given. Let’s see where it goes otherwise I may come back to you for more tips! In he meantime have a great Christmas and here’s to 2023.


03/12/2022 at 12:44pm
 Location: East Herts
 Outfit: 1992 Elddis Wisp 450CT + X Trail
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Sorry to put a dampener on it but in my experience getting a judgement in the small-claims court is the easy bit, getting it enforced is much harder. I have taken people to the small claims court twice in the past, won the case both times, but got absolutely nothing as a result. The second time I thought I was onto a winner as I knew the person was very well off, but he knew all the tricks. Everything he owned was actually either "owned" by one of his limited companies or his wife. Every time I chased him for the money it ended up costing me even more, so I gave up. The first time? Well he simply didn't have any money or anything of value worth seizing, so two opposite extremes but the same result. I hope you have much better luck.



-------------
Best Regards,
Colin


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03/12/2022 at 1:11pm
 Location: Worcestershire
 Outfit: Buccaneer Cruiser
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Quote: Originally posted by Colin21 on 03/12/2022
Sorry to put a dampener on it but in my experience getting a judgement in the small-claims court is the easy bit, getting it enforced is much harder. I have taken people to the small claims court twice in the past, won the case both times, but got absolutely nothing as a result. The second time I thought I was onto a winner as I knew the person was very well off, but he knew all the tricks. Everything he owned was actually either "owned" by one of his limited companies or his wife. Every time I chased him for the money it ended up costing me even more, so I gave up. The first time? Well he simply didn't have any money or anything of value worth seizing, so two opposite extremes but the same result. I hope you have much better luck.





As said, get the bailiffs in if they do not want to pay. Amazing how quick they then pay.


03/12/2022 at 2:00pm
 Location: East Herts
 Outfit: 1992 Elddis Wisp 450CT + X Trail
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Quote: Originally posted by iank01 on 03/12/2022
Quote: Originally posted by Colin21 on 03/12/2022
Sorry to put a dampener on it but in my experience getting a judgement in the small-claims court is the easy bit, getting it enforced is much harder. I have taken people to the small claims court twice in the past, won the case both times, but got absolutely nothing as a result. The second time I thought I was onto a winner as I knew the person was very well off, but he knew all the tricks. Everything he owned was actually either "owned" by one of his limited companies or his wife. Every time I chased him for the money it ended up costing me even more, so I gave up. The first time? Well he simply didn't have any money or anything of value worth seizing, so two opposite extremes but the same result. I hope you have much better luck.





As said, get the bailiffs in if they do not want to pay. Amazing how quick they then pay.




That depends IanK. I tried that with the millionaire who owed me money and they came back to me saying that there was nothing they could seize. I didn't bother with the first one as I knew he didn't have much. The result would have been much the same I'm sure.


-------------
Best Regards,
Colin


03/12/2022 at 8:07pm
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Yep fully expecting a fight to be honest as they’ve tried every trick so far, but I’m not afraid to go all the way. Just got it to make sure it doesn’t take over my life…..


03/12/2022 at 9:44pm
 Location: East Herts
 Outfit: 1992 Elddis Wisp 450CT + X Trail
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Quote: Originally posted by Thumper18 on 03/12/2022
Yep fully expecting a fight to be honest as they’ve tried every trick so far, but I’m not afraid to go all the way. Just got it to make sure it doesn’t take over my life…..



Yes, that is the danger. The other thing is to be careful that you don't throw good money after bad. My solicitor warned me of this. Every move you make costs you money, and although that gets added to the amount the other person owes you, you still may not get it. I didn't.


-------------
Best Regards,
Colin


04/12/2022 at 7:42am
 Location: Worcestershire
 Outfit: Buccaneer Cruiser
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Quote: Originally posted by Colin21 on 03/12/2022

That depends IanK. I tried that with the millionaire who owed me money and they came back to me saying that there was nothing they could seize. I didn't bother with the first one as I knew he didn't have much. The result would have been much the same I'm sure.




We got the same story hence the Jag being attached.


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04/12/2022 at 11:26am
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If buying through Ebay or anywhere else in that matter always use Pay Pal to pay the seller.
You will get a 90 day money back guarantee I believe so no need for small claims court.
If the seller won’t except Pay Pal then walk away.
Also always take screen shots of the advert and keep ( print ) all records of communications.


08/12/2022 at 12:15pm
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Quote: Originally posted by 22seaside on 26/11/2021

If it was an old van, then it may be said that springing a leak is something that could be expected at some stage, and it is just your bad luck that it started so soon after purchase.




On a not unrelated subject, i had a similar experience as a seller. I sold a tranny van privately, where everything worked perfectly. The buyer(s) - there were 2, had a test drive, and started and stopped the engine maybe 3-4 times on our drive. The day after purchase, they called me to say the ignition was knackered, they couldnt start the van, and wanted their money back. This was a huge surprise, as it had worked fine the numerous times it was used prior to purchase, and something there was no way you could 'cover up', skirt around, or temporarily bodge just to get it sold. It was 100% pure good/bad luck for me and them. I never heard from them again.



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