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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 2
    • BlackyPFC
    • By BlackyPFC 6th Jan 18, 4:20 PM
    • 8 Posts
    • 2 Thanks
    BlackyPFC
    I know I thought the same. Imagine buying a pair of trainers, changing your mind, selling them on then going back to the shop for your money back.
    • Aylesbury Duck
    • By Aylesbury Duck 6th Jan 18, 5:31 PM
    • 1,340 Posts
    • 1,731 Thanks
    Aylesbury Duck
    Sound to me as if this boyfriend feels he needs to prove himself the hard man. All the empty threats and bluster on Facebook fits. He knows nothing can come of it but he needs to be seen to be trying.
    • LeeUK
    • By LeeUK 6th Jan 18, 6:41 PM
    • 5,715 Posts
    • 2,627 Thanks
    LeeUK
    When I sold my old Megane a couple of years ago, the buyer kept texting me asking questions about the car, like how to open the boot, have I noticed the rattle in the engine bay before, etc. I stopped replying after the 2nd text and they soon got the message pardon the pun.

    It was a £200 banger full of niggles, not a pristine car in showroom condition.

    Cease all contact unless you receive a small claims pack through the post.
    • bobbymotors
    • By bobbymotors 6th Jan 18, 9:43 PM
    • 549 Posts
    • 746 Thanks
    bobbymotors
    Now you know they've sold it, why not 'relent' and agree to refund them?
    • pinkshoes
    • By pinkshoes 6th Jan 18, 9:46 PM
    • 15,464 Posts
    • 21,149 Thanks
    pinkshoes
    Do not even contemplate replying and block the number.

    He can correspond via sending a letter to the house he collected it from, and your FIL can pass it on.

    You were honest when you sold it, the advisories were mentioned in the advert, they declined to test drive it, and the MOT info was available when they collected it. You would win any court claim.

    How do you know they have definitely sold it on? (Rather than it just being listed on FB marketplace). Did you keep a copy of the advert?
    Last edited by pinkshoes; 06-01-2018 at 9:48 PM.
    Should've = Should HAVE (not 'of')
    Would've = Would HAVE (not 'of')

    No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)
    • maninthestreet
    • By maninthestreet 6th Jan 18, 10:08 PM
    • 15,166 Posts
    • 13,601 Thanks
    maninthestreet
    How did they describe the car on FB marketplace? Did they state it wouldn't go into first and reverse gear??
    "You were only supposed to blow the bl**dy doors off!!"
    • BlackyPFC
    • By BlackyPFC 8th Jan 18, 4:50 PM
    • 8 Posts
    • 2 Thanks
    BlackyPFC
    I know they have sold it as the advert they listed has now been marked as sold. All seems to have gone quiet now so heres hoping they will stop contacting me.

    Also, yes they did list gearbox in their advert. Didnt mention advisories though!
    • debtdebt
    • By debtdebt 8th Jan 18, 5:06 PM
    • 374 Posts
    • 257 Thanks
    debtdebt
    Give me their details. I'll start messaging them pretending I'm the new unhappy buyer.
    • Ant555
    • By Ant555 8th Jan 18, 5:10 PM
    • 740 Posts
    • 288 Thanks
    Ant555
    I know they have sold it as the advert they listed has now been marked as sold. All seems to have gone quiet now so heres hoping they will stop contacting me.

    Also, yes they did list gearbox in their advert. Didnt mention advisories though!
    Originally posted by BlackyPFC
    Just out of interest, does the listing show a price?
    • BlackyPFC
    • By BlackyPFC 8th Jan 18, 8:18 PM
    • 8 Posts
    • 2 Thanks
    BlackyPFC
    Yes £200. Not sure if they achieved this though.
    • BlackyPFC
    • By BlackyPFC 12th Jan 18, 5:05 PM
    • 8 Posts
    • 2 Thanks
    BlackyPFC
    UPDATE-

    So in an unusual twist, I recieved V5 paperwork today indicating that I am the current registered owner of the car. It seems that the buyer has given me the car back on December 27th!

    This indicates that they have forged my signature in order to transfer the car in my name. The address is incorrect as it is registered now at my father in laws address.

    I have contacted the police and Action Fraud. Who have logged everything. The DVLA are going to void the transfer when I return the papereork to them with a cover letter explaining thr situation. I will be sure to send evidence also.

    So I now am the registered keeper of a car that I am not in possession of and have no idea where it even is! I just hope they are not racking up driving offences in my name!
    • Warwick Hunt
    • By Warwick Hunt 12th Jan 18, 5:19 PM
    • 840 Posts
    • 416 Thanks
    Warwick Hunt
    UPDATE-

    So in an unusual twist, I recieved V5 paperwork today indicating that I am the current registered owner of the car. It seems that the buyer has given me the car back on December 27th!

    This indicates that they have forged my signature in order to transfer the car in my name. The address is incorrect as it is registered now at my father in laws address.

    I have contacted the police and Action Fraud. Who have logged everything. The DVLA are going to void the transfer when I return the papereork to them with a cover letter explaining thr situation. I will be sure to send evidence also.

    So I now am the registered keeper of a car that I am not in possession of and have no idea where it even is! I just hope they are not racking up driving offences in my name!
    Originally posted by BlackyPFC

    Where is the fraud in this?
    • facade
    • By facade 12th Jan 18, 5:29 PM
    • 2,963 Posts
    • 1,509 Thanks
    facade
    Claiming that the vehicle keeper is someone that it isn't?
    I want to go back to The Olden Days, when every single thing that I can think of was better.....

    (except air quality and Medical Science )
    • Warwick Hunt
    • By Warwick Hunt 12th Jan 18, 5:32 PM
    • 840 Posts
    • 416 Thanks
    Warwick Hunt
    Claiming that the vehicle keeper is someone that it isn't?
    Originally posted by facade
    So where is the gain or loss?

    If the police advised action fraud it was bad advice.
    • BlackyPFC
    • By BlackyPFC 12th Jan 18, 5:49 PM
    • 8 Posts
    • 2 Thanks
    BlackyPFC
    The loss could well be my license or any potential fine should they break the law. They forged my signature. There may be no loss currently but there is potential for loss.

    If I wanted to be really pedantic, technically I have lost my car! It's not outside my house! I own it but they havent given it back.
    • Warwick Hunt
    • By Warwick Hunt 12th Jan 18, 6:01 PM
    • 840 Posts
    • 416 Thanks
    Warwick Hunt
    The loss could well be my license or any potential fine should they break the law. They forged my signature. There may be no loss currently but there is potential for loss.

    If I wanted to be really pedantic, technically I have lost my car! It's not outside my house! I own it but they havent given it back.
    Originally posted by BlackyPFC
    No, you sold the car so itís not yours. So how do you own it?

    Given youíve sorted the issue with the DVLA there is no way youíd lose your licence.

    You may have an action fraud reference number but thatís all youíll get from them. It will be filed straight away and nothing will be done by them.
    • George Michael
    • By George Michael 12th Jan 18, 6:02 PM
    • 2,922 Posts
    • 3,947 Thanks
    George Michael
    So where is the gain or loss?
    Originally posted by Warwick Hunt
    There doesn't have to be an actual gain or loss as opening someone up to the risk of a loss because of making a false representation is good enough.
    • Warwick Hunt
    • By Warwick Hunt 12th Jan 18, 6:05 PM
    • 840 Posts
    • 416 Thanks
    Warwick Hunt
    There doesn't have to be an actual gain or loss as opening someone up to the risk of a loss because of making a false representation is good enough.
    Originally posted by George Michael
    But there has to be intent.
    • LeeUK
    • By LeeUK 12th Jan 18, 6:19 PM
    • 5,715 Posts
    • 2,627 Thanks
    LeeUK
    V5 doesn't show or prove ownership, it just shows who the registered keeper is who is responsible for the vehicle on the read. Any speeding/parking tickets will come your way but it doesn't mean you own the vehicle. Just make sure DVLA are aware of this scam straight away.
    • AdrianC
    • By AdrianC 12th Jan 18, 6:21 PM
    • 16,079 Posts
    • 14,364 Thanks
    AdrianC
    This indicates that they have forged my signature in order to transfer the car in my name.
    Originally posted by BlackyPFC
    Not if they did it online - no signature required.
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