Sold car, buyer isn't happy..

vivitar

I recently listed my car on eBay, the winning bidder turned out to be a timewaster so I contacted another bidder who lives quite close to me and offered them the car.

She asked me to drop it over at her house, we exchanged money and signed the logbook etc and she drove it onto her driveway.

2 hours later I got a text saying the clutch is broken and she wants a full refund or for me to pay for a new clutch. She says she will take me to a small claims court and that I will lose.

She also said she has proof the eBay listing says that there are no problems with the car. The clutch is not broken, I have been driving it for the last 2 months and perhaps didn't notice it because I've got so used to it. Sometimes it revs and doesn't accelerate in higher gears, maybe it's slipping, but I didn't really believe it was that serious, I just thought something might need adjusting.

I did mention that if the clutch was completely broken she wouldn't be able to even engage any gears.

I paid 1850 for the car six months ago, since then I've spent 700 on Tax, MOT and servicing and parts (brakepads etc).

She bought the car for 900. The trouble is I feel bad for her, and have offered to pay 1/3 towards a new clutch.. She said that isn't good enough and that if I don't pay the full amount she'll take me to small claimscourt.

I've never known anyone to buy a car without test driving it first, and like I said to her I would love to help her out with the clutch, but the reason I sold the car was for a big bill I had to pay, and I'm not currently working so don't have that sort of money.

She went beserk when I mentioned this to her and started saying that she gave me the cash and I can't have spent all of it already (which really is none of her business).

Any advice? Like I said I really don't want to rip her off, but the alloys are worth 200.00 alone and if it wasn't for the fact that I needed the money fast I'd have loved to keep hold of the car or sell it for 1200-1300, which are some offers I've had on eBay but they weren't able to pay cash that quickly.

She also mentioned to me that she expected to buy a car in full working order (if it wasn't working how could I have drove it and dropped it to her door?), and now all she has is a heap of metal on her driveway, which I think is a gross exaggeration.

adamc260

"
You bought the vehicle from a private seller

You have very few legal rights if you have bought the vehicle from a private seller rather than a dealer.
The vehicle doesn't have to be of satisfactory quality. However, if the seller offers a description of the vehicle, it must match the description given. It must also be roadworthy and the seller must have 'good title' to the vehicle. This means that they must be the legal owner in order to sell it to you.
If the vehicle doesn't match the description given, you may be entitled to compensation. You may also be entitled to compensation if you have bought an unroadworthy car from a private seller, which has caused injury to someone. However, it may be especially difficult to get compensation from a private seller.
You will only be able to claim against a private seller for one of the following reasons:

• the vehicle doesn't match the description they gave you
• the seller broke a specific contract term
• the seller was actually a dealer posing as a private seller
• the seller did not have good title to the vehicle
• the vehicle is unroadworthy."
  
  If you can show that the vehicle did not match the description the seller gave you, you will have a claim against them, even if the seller believed the description to be true. It will strengthen your claim if you have written proof of the false description, for example, a newspaper advertisement. A false description which was only made verbally and not in writing will be much harder to prove, unless someone else was present who can act as a witness.
  If the seller said something about the car which proves not to be true, for example, if they said that the vehicle had a new clutch or one owner from new, you will also have a claim against them. However, if the seller described the vehicle as in good condition, it will be more difficult to complain as the vehicle’s age, make and mileage, and the price you paid all have to be taken into account. If the seller did not say anything at all about the vehicle, you will not be able to claim against the seller.
  If the seller sold you the vehicle as having an MOT certificate when it didn't really have one, you will have a claim against the seller.
  If you want to take action against the seller because they gave you a false description of the vehicle or said something about it that wasn't true, you will need proof that the seller did this at the time of sale. If you have delayed for more than a few weeks or have used the vehicle a lot, this may be almost impossible to prove

From http://www.adviceguide.org.uk/index/your_world/consumer_affairs/buying_second_hand_vehicles.htm#you_bought_the_vehicle_from_a_private_seller

s_b

youve robbed her vivita r
go round and give her her money back like a proper gentleman/lady would

passatrider

It sounds as though the clutch is on it's way out to be honest if it's slipping/revving high. It's a private sale so sold as seen so she has virtually no comeback.

You can either give her the money back and get your car or just ignore her. I doubt very much she will take you to court.

scotsbob

If you are sure you can resell it then take it back, refund her and resell it.

If you think you may have difficulty reselling then you have made her a fair offer let her make the next move.

no-oneknowsme

From reading your post it would appear that you were aware of the problem with the clutch. I take it you didnt mention that problem in your Ebay listing?

I think it would be fair for you to refund the money , I also think that if you dont and she carries out her threat of going to the small claims court she will win the case!

You say that the first winning bidder was a "timewaster" , I actually wouldnt be at all surprised if the winner actually test drove the car before paying and noticed the clutch problem , hence the reason they didnt go ahead with the transaction.

atrixblue.-MFR-.

not as described in the listing. she effectivly won the bid thorugh ebay, how about she gets a reasonable quote for the clutch inc labour and you refund the amount back. win win all over

Horseunderwater

Clutch might not be broken at all. If just slipping, the cable may just need adjustment and is fairly simple procedure as a screw bolt on the cable will pull the pedals biting point down to a more reasonable position. A competant DIY er could do it for you. I know I have done it for my Cars in times past. OH did the adjusting while I held tools and read instructions etc out. If the car engine is over revving when you change gear, that will be reason. Amazing just how many people have no idea of simple things like how a clutch works!
Oh and you can drive a car without any clutch, you use engine rev's to do so. I have also done that as mine did go one day on the way to work. However be warned that if you switch the engine off, it will be in gear when you restart and will jump forward sharply, so do not let anyone stand to front of car while you do so.
Was there any burning smell when you operated clutch at all, That indicates that the plates and gears are worn.
The solution to this is possibly to go see buyer and suggest adjusting cable and the pedals biting point. And if you do not know what the biting point is you should ever have owned a car in the first place!

benham3160

Ignore in all honesty.

Nothing to say she simply isn't a poor driver who was riding the clutch, or that she felt like the vehicle should have been performing better than it should (what car is it?)

Regards,
Andy

atrixblue.-MFR-.

most cars are hydrolic these days and self adjusting, not to say it could be cable operated, but without the details we wont know and again he listed it the advert knowing it had somesort of fault and not disclosed it vehicle not as described and buyer could potentially see the seller in court for costs of repair or refund.

i agree that OP should make an apologetic contact with the buyer, both seek out a garage together and if it costs £200 to fix then refund the amount back, if its not financially viable i.e car not worth much then OP should give a full refund and sort the clutch out or relist with a "clutch problem".

vivitar

Horseunderwater wrote: »

Clutch might not be broken at all. If just slipping, the cable may just need adjustment and is fairly simple procedure as a screw bolt on the cable will pull the pedals biting point down to a more reasonable position. A competant DIY er could do it for you. I know I have done it for my Cars in times past. OH did the adjusting while I held tools and read instructions etc out. If the car engine is over revving when you change gear, that will be reason. Amazing just how many people have no idea of simple things like how a clutch works!
Oh and you can drive a car without any clutch, you use engine rev's to do so. I have also done that as mine did go one day on the way to work. However be warned that if you switch the engine off, it will be in gear when you restart and will jump forward sharply, so do not let anyone stand to front of car while you do so.
Was there any burning smell when you operated clutch at all, That indicates that the plates and gears are worn.
The solution to this is possibly to go see buyer and suggest adjusting cable and the pedals biting point. And if you do not know what the biting point is you should ever have owned a car in the first place!

It's a hydraulic clutch so there is no cable, there's no sounds or burning smell either.