Friends who bought my car have stopped paying the agreed monthly installments

Gothicfairy

I know you said you were going to the CAB but you might want to try trading standards :http://www.tradingstandards.gov.uk/advice/index.cfm

We sold a bike ( without mot, tax etc as spares and repairs ) and the buyer then complained when it failed the mot and needed some work. Even though we had said we didn't know what if anything it would need and that all we could say was that it ran. They were really helpful with that and talked me through the rules etc and I did that on the phone rather then trying to track down someone at the local ish CAB

Might be worth a go ?

paddyrg

Just thinking aloud a moment...

They have had the car for 5 months or so? Has the problem just come up? How would you predict a secondhand car would develop a problem in the future? Are they expecting you to guarantee it doesn't have problems for the full 24 months? It's a secondhand car - new ones are trouble enough, secondhand cars are just money pits. I would point out that it was fault-free for at least 3 months (nice safe margin there) and that certainly shows it was sold in good faith as a runner.

If you didn't want to go to court and lose the 'friends', just thinking aloud again, could you take the car back as-is (I assume if they have stopped paying you have the car back - otherwise it's pretty blatantly theft, right?) and keep the payments you've had as 'rent' - they sign the log book back over to you and you sell it properly to someone else. They've had cheap rent for 6 months, you'd probably still be up on the deal and avoid the stress of court, and they can go and see the same car on a garage forecourt for more than the deal you had been offering them direct. It may be less stress all round and is, I reckon, pretty clearly fair to all parties - you may even recover your friendship?!

debbie828813

Thanks again everyone, more good suggestions. I will definitely try trading standards aswell as CAB - I would like to cover all bases & gain as much data as possible.

Paddy - yes they only told me about the problem 2 or 3 weeks ago, and the problem did not exist when I sold them the car, infact they raved about how much they loved it! They have definitely had over 3 months with no faults so yes I agree, how can I predict future problems!

I was waiting till their payment due date to see if they would still pay up, which is 1st of each month. It has not come into my account as of today. All my outbound direct debits that go out on 1st went out today because of bank holiday, but their payment has not come in. My bank tell me they cannot see anything pending to come in so I think they have cancelled the standing order. I will give it a day or two to be sure. So at the moment, they still have the car.

If they will talk to me and tell me how much they have been quoted to fix it, then I might consider taking it back if it is not a great deal of money. And then yes, keep their money as rent. It is a big 4x4 so I am sure it would get snapped up at the moment with all the snow!

Let's see if they will have a reasonable discussion with me first!

[Deleted User]

if you went to small claims maybe they could counter sue you as they do have some rights if the car needs major repairs after just a few months

paddyrg

I think if you can avoid court (where nobody really wins in the end once you factor in stress etc) and work out a deal where everyone gets to keep a bit of dignity, it has to be worth a try. Sure, you may never be best buddies again, but you can remain civil and all walk away with your heads held high.

But in truth, if it worked fine for 3+ months and then they hold you responsible, are they expecting you to fix it for the full 2 years? I'd have said 3 months was reasonable, myself. Cars just go wrong, you know?

Wilma33

If the standing order is set up for the 1st of the month then it would have left their account today. So it may not appear for 3 working days. What date does it normally appear?

adamc260

woodbine wrote: »

if you went to small claims maybe they could counter sue you as they do have some rights if the car needs major repairs after just a few months

But a second hand sale is as is and the vehicle was free of fault for a long period of time, how can the seller forsee anything in the future happening if it was running fine at the time of sale. Also the seller does not know how the purchaser has treated the vehicle etc. New cars often go wrong months after sale but thats why a warranty is given.

I would say this would be different if they drove down the road and it went boom but... 4 to 5 months is a fairly long time imo. They accepted when purchasing the car that it is USED and that things do happen to cars.

What vehicle are we talking about here, age, mileage on it at time of sale etc? And whats the fault they're reporting?

toffe

woodbine wrote: »

if you went to small claims maybe they could counter sue you as they do have some rights if the car needs major repairs after just a few months

no they don't.

if you buy a second hand car from a private individual and it breaks down on the way home thats tough.

its buyer beware in these kind of sales thats why its always a good idea to have a professional take a look at any second hand car you buy.

[Deleted User]

sorry but thats just not how it works

Tigsteroonie

paddyrg wrote: »

just thinking aloud again, could you take the car back as-is (I assume if they have stopped paying you have the car back - otherwise it's pretty blatantly theft, right?) and keep the payments you've had as 'rent' - they sign the log book back over to you and you sell it properly to someone else. They've had cheap rent for 6 months,

I have watched enough episodes of Judge Judy to know that this would be her solution to the problem! The car has merely been "rented" during that time, at a rate rather cheaper than a commercial hire company.