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  • FIRST POST
    • BlackyPFC
    • By BlackyPFC 28th Dec 17, 9:38 PM
    • 8Posts
    • 2Thanks
    BlackyPFC
    Private car sale - buyer unhappy.
    • #1
    • 28th Dec 17, 9:38 PM
    Private car sale - buyer unhappy. 28th Dec 17 at 9:38 PM
    So, first post on here, hope you can help put my mind at ease.

    I sold my Clio 5 days ago online. I reduced the price from £500 to £450 after negotiating with the buyer. I sold to a 22 year old girl who I believe it was her 2nd car as she mentioned in text messages that she had crashed her first one.

    She went ahead and insured the car before i could even tell her where the car was located to cone view it. I thought this was odd but if she wasnt bothered about viewing it, well that is up to her. She taxed the car prior to arriving to pick the vehicle up.

    She paid in cash, a reciept was written including sold as seen. Which we both signed. We both have a copy.

    The advert for the car stated that the wing mirror cover was broken and that the car although it has 8 months MOT, it did have advisories. (I didnt specify, however the certificate was in the car should she wish to view it.)

    Anyway, so the car is sold and a day later I recieve a message saying that there are advisories on the car and did I know about them. I obviously said yes and stated that the advert said there were advisories, however she never asked me what they were. She never replied to this message although my phone tells me she read it.

    4 days pass and i think thats the end of it.

    Tonight I recieve this message:

    The car u sold me j have had nothing but problems with it, the gears won't work properly won't go into reverse now or first gear I would like some money back to get it sorted as it's unsafe for my daughter

    So I have replied with this:

    Evening,

    I can assure you that the car had no problems with the gears when it was sold to you. In order to get it onto the driveway it had to be reversed. In order for you to drive the car away you would have had to have put the car into first gear. You purchased the car 5 days ago, and only now you are reporting issues with it. I do not know how you have been driving the car and the standard of your driving. The car was sold as seen, which is stated on the reciept that you signed. You could have taken the car for a test drive when you arrived. However you decided to buy the car without even viewing it first. I understand that you are worried about your daughter however there were no issues with the gears when it was sold to you.

    When buying a private car the responsibility is on the buyer to ask questions and check the car over if they wish.

    The car was in a good state when sold to you. Has 8 months MOT. I reduced the price for you out of good will. I will not be refunding any money as I believe the money recieved was a fair price for the car.


    So I just wanted to check where I am from a legal point of view, and also if anyone believes that I am beong unreasonable, if so why?

    Many thanks

    DB
Page 1
    • AndyMc.....
    • By AndyMc..... 28th Dec 17, 9:45 PM
    • 903 Posts
    • 667 Thanks
    AndyMc.....
    • #2
    • 28th Dec 17, 9:45 PM
    • #2
    • 28th Dec 17, 9:45 PM
    As long as you were honest in the ad then it’s sold as seen and a case of buyer beware.
    • ess0two
    • By ess0two 28th Dec 17, 9:45 PM
    • 2,921 Posts
    • 3,814 Thanks
    ess0two
    • #3
    • 28th Dec 17, 9:45 PM
    • #3
    • 28th Dec 17, 9:45 PM
    Don't bother replying, seems the norm nowadays, most think sold privately it comes with a warranty.
    Official MR B fan club,dont go............................
    • Robby1988
    • By Robby1988 28th Dec 17, 10:16 PM
    • 25 Posts
    • 8 Thanks
    Robby1988
    • #4
    • 28th Dec 17, 10:16 PM
    • #4
    • 28th Dec 17, 10:16 PM
    You have absolutely nothing to worry about, it is their problem.

    If the cars packed in on them now, then thats just a risk you take when you buy cars privately without even a viewing.

    It’s a £450 car, I’d expect some niggles anyway myself..
    • fishybusiness
    • By fishybusiness 29th Dec 17, 7:51 AM
    • 1,140 Posts
    • 704 Thanks
    fishybusiness
    • #5
    • 29th Dec 17, 7:51 AM
    • #5
    • 29th Dec 17, 7:51 AM
    Re MOT advisories, any potential buyer can look them up online via MOT History search.

    There is no need to have the paper copies to hand, buyers responsibility to do their homework.
    • caprikid1
    • By caprikid1 29th Dec 17, 9:10 AM
    • 491 Posts
    • 508 Thanks
    caprikid1
    • #6
    • 29th Dec 17, 9:10 AM
    • #6
    • 29th Dec 17, 9:10 AM
    "You have absolutely nothing to worry about, it is their problem."


    Not strictly true, there have been cases on here where the buyer of a private car has taken the seller to court.


    But....


    If it is as described and not dangerous at the point of sale then a private buyer has minimal come back.


    Given that there is a general principle of a "Car describes itself", then a £450 Corsa is a cheap run around that may last a week or may last 4 years. It is an old car at the end of its cycle and you should expect maintenance. If the car was a 6 month old BMW then it could be a different matter if you also described it as perfect, faultless etc.


    As mentioned ignore.
    • AdrianC
    • By AdrianC 29th Dec 17, 9:13 AM
    • 16,140 Posts
    • 14,418 Thanks
    AdrianC
    • #7
    • 29th Dec 17, 9:13 AM
    • #7
    • 29th Dec 17, 9:13 AM
    It's a £450 car, bought unseen... What on earth do they want or expect?

    I know what they wouldn't be getting from me... Any replies to their messages at all.
    • LandyAndy
    • By LandyAndy 29th Dec 17, 9:31 AM
    • 24,072 Posts
    • 50,899 Thanks
    LandyAndy
    • #8
    • 29th Dec 17, 9:31 AM
    • #8
    • 29th Dec 17, 9:31 AM

    The car was in a good state when sold to you. Has 8 months MOT. I reduced the price for you out of good will. I will not be refunding any money as I believe the money recieved was a fair price for the car.

    Originally posted by BlackyPFC

    Not sure I'd have written that but too late now.
    • missile
    • By missile 29th Dec 17, 11:20 AM
    • 9,148 Posts
    • 4,478 Thanks
    missile
    • #9
    • 29th Dec 17, 11:20 AM
    • #9
    • 29th Dec 17, 11:20 AM
    I would block their phone number
    "A nation's greatness is measured by how it treats its weakest members." ~ Mahatma Gandhi
    Ride hard or stay home
    • angrycrow
    • By angrycrow 29th Dec 17, 10:08 PM
    • 432 Posts
    • 329 Thanks
    angrycrow
    Can't Help thinking this was a young girl who crashed her car but did not qualify for a courtesy car due to limited time Since passing her test. She has bought the cheapest car locally to keep her mobile whilst hers was repaired and she is now trying to get her money back. She would not be the first to pull this scam.
    • Robisere
    • By Robisere 29th Dec 17, 10:28 PM
    • 1,995 Posts
    • 2,815 Thanks
    Robisere
    You have no further responsibilty towards this buyer. You have done everything you can to advise of problems with the car at time of sale. Your letter is a model of the correct response. The buyer has no legal right to ask for any form of refund.

    Make no more responses to any further correspondence from the buyer or anyone else in connection with the sale. Keep any such correspondence you receive, but do not reply to it. If they call you, refuse to have a conversation, just say that your final response was in the letter you sent, and end the call.
    There may be more than one way to skin a cat.
    But the result is always inedible.

    • Tarambor
    • By Tarambor 29th Dec 17, 11:32 PM
    • 1,959 Posts
    • 1,395 Thanks
    Tarambor
    Caveat Emptor. Advisories are not fails but merely items that will need looking at at some point before the next MOT because they're showing indications of falling below test standard.
    • BlackyPFC
    • By BlackyPFC 6th Jan 18, 2:45 PM
    • 8 Posts
    • 2 Thanks
    BlackyPFC
    Thanks so much for your advice so far.. so updated situation and more advice needed please.

    So I stuck to my guns and refused to refund the money. The girl who bought the cars boyfriend has sent me numerous messages threatening to turn up at my house .. I know where you live etc etc. I have reported to the police and left it at that. I told them I want no further contact with them and that they are within their legal right to take me to small claims court.

    In between that time I have had their friends/family threatening me on facebook and my name banded about all over social media, calling me allsorts.

    Anyway, around 1 week has passed since i last heard from them directly. I know from seeing on facebook marketplace that they have since sold the car.

    Today I recieve a message from the buyers boyfriend asking for my full address, date of birth and date of sale. Can anyone advise me if I am legally required to surrender this information if someone wishes to take me to court. I dont want to give my address especially as the threats have been made against me.

    I am extremely confident I would ein the case at court. However I dont want something like not providing my address to go against me in court.

    Cheers. Also, thanks again for all the responses thus far.
    • AdrianC
    • By AdrianC 6th Jan 18, 3:10 PM
    • 16,140 Posts
    • 14,418 Thanks
    AdrianC
    Today I recieve a message from the buyers boyfriend asking for my full address, date of birth and date of sale. Can anyone advise me if I am legally required to surrender this information if someone wishes to take me to court. I dont want to give my address especially as the threats have been made against me.
    Originally posted by BlackyPFC
    They had all the information they needed, on the V5C for the car as the previous keeper.

    Ignore them.
    • Aylesbury Duck
    • By Aylesbury Duck 6th Jan 18, 3:11 PM
    • 1,358 Posts
    • 1,774 Thanks
    Aylesbury Duck
    Just ignore him, he sounds like a right fool. Apart from anything else, any dispute is with the buyer of the car, not their friends and family.

    Update the police on the latest contact.
    • lincroft1710
    • By lincroft1710 6th Jan 18, 3:51 PM
    • 10,202 Posts
    • 8,292 Thanks
    lincroft1710
    boyfriend has sent me numerous messages threatening to turn up at my house .. I know where you live etc etc.

    Today I recieve a message from the buyers boyfriend asking for my full address, date of birth and date of sale.
    Originally posted by BlackyPFC
    But he knows where you live and the date of sale! He has no right to any of this information including your date of birth.
    • BlackyPFC
    • By BlackyPFC 6th Jan 18, 3:53 PM
    • 8 Posts
    • 2 Thanks
    BlackyPFC
    I should point out that when he bought the car it was collected from my father in laws as I had sorn the vehicle and he has a driveway.

    Also, as they have now sold the car on, I guess they have sent the V5 off and didnt think to take my address before they sent it.
    • Tarambor
    • By Tarambor 6th Jan 18, 3:54 PM
    • 1,959 Posts
    • 1,395 Thanks
    Tarambor
    Ignore them, block them on Facespace.
    • lincroft1710
    • By lincroft1710 6th Jan 18, 3:59 PM
    • 10,202 Posts
    • 8,292 Thanks
    lincroft1710
    I should point out that when he bought the car it was collected from my father in laws as I had sorn the vehicle and he has a driveway.

    Also, as they have now sold the car on, I guess they have sent the V5 off and didnt think to take my address before they sent it.
    Originally posted by BlackyPFC
    How stupid of them! That is their problem, not yours.

    Also if they attempt to take you to court for the cost of the vehicle, then if they won, the vehicle should be returned to you, which obviously they can't do.
    Last edited by lincroft1710; 06-01-2018 at 4:04 PM.
    • AdrianC
    • By AdrianC 6th Jan 18, 4:05 PM
    • 16,140 Posts
    • 14,418 Thanks
    AdrianC
    I should point out that when he bought the car it was collected from my father in laws as I had sorn the vehicle and he has a driveway.
    Originally posted by BlackyPFC
    The previous keeper's name and address are on the V5C.

    Also, as they have now sold the car on, I guess they have sent the V5 off and didnt think to take my address before they sent it.
    Ooops. Their loss. B'sides, if they've sold it on, what are they threatening to take you to court for?
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