Help!! eBay buyer threatening court action

utab007

Hi all,

I recently auctioned and sold my car on eBay. It's a 12 year old car with 150k miles on clock with 6 months

MOT and only made a little over the scrap value after eBay fees. The buyer came around the next day with

his father to collect it. He had a good look around to make sure it was as described and started up the

engine to test it. After looking around I asked him if was happy and he replied 'Yes'. He asked about the

cambelt and I told him I have no record of when it was last changed. I also told him I owned the car just

under 6 years and did 38k miles in that period. He paid in cash, we completed the V5 and then he drove it

away happy or so I thought.

A couple of days later I get a message from him through eBay. He is claiming he heard a rattling noise when

he got home and it turns out the teeth have come off the cambelt and it is uneconomical to repair. He was

threatening to leave me negative feedback unless I compensate him.

I am slightly suspicious as he asked about the cambelt and is now claiming it has gone. Is this just a

coincidence? If the cambelt has gone then I do feel sorry him, but not sure if it's fair for him to blame

me and ask for compensation. In my advert I did say the car was well maintained as it comes with a complete

service book, but there was no mention of when the cambelt was replaced. However, it was discussed on

collection and I made the situation very clear.

He sent me a few messages asking for compensation and he believes I misrepresented the car by claiming it was 'well maintained' in my advert. In his last message he threatened to take me to small claims court and told me the procedure is very simple for him as he is a court bailiff.

I would like to know where I stand legally. I believe these are just false threats, but it would be nice to know he can't do anything.

Many Thanks

sham63

You have to ask yourself how you would feel in his situation. I know I wouldn't be happy if I bought a 'well maintained' vehicle that broke down alsmost immediately.

My suggestion is that you ask him to return the car and refund him in full.

Then sell the car as scrap.

forgotmyname

What has being a court bailiff got to do with anything?
Do they get special treatment and a fast track system?

Personally i think anyone that mentions anything about they are a big wig or know a big wig or have health issues are pulling a fast one. I have an ingrowing toenail but i dont use that as an excuse for anything. Feel sorry for me im sick.

Although i wouldnt be happy buying a car and having the belt go soo after. If the buyer mentioned he had had it 6 years and never done it.

I would have driven it straight round to the garage for them to fit one.
I would have taken the cover off and looked at it anyway.

I did a belt change on an escort it had a 5mm of teeth left. Shocked he drove it over.

pinkshoes

If a car was advertised as "well maintained", I think I'd be a bit miffed if the cambelt went within a day!

Saying that, I'd do a LOT of physical checks when buying an old car, and if you told me that you didn't know when the cambelt had been changed, I'd be wanting to check all the records. They generally last about 80k, so at 150k miles, it would probably be wanting a second one...

I guess you'll just have to put yourself in his shoes, but if you do choose to refund, make it clear that it's a goodwill gesture.

pulliptears

Success in small claims would hinge on what your ad said in full. So, can you post a copy of the wording?

Mindless_Clone

forgotmyname wrote: »

What has being a court bailiff got to do with anything?
Do they get special treatment and a fast track system?

No but they get to think they're special and that they can use it to scare whoever it it they are trying to get something from into rolling over because they make it sound like they can't lose.

Although i wouldnt be happy buying a car and having the belt go soo after. If the buyer mentioned he had had it 6 years and never done it.

I would have driven it straight round to the garage for them to fit one.
I would have taken the cover off and looked at it anyway.

Well exactly. I imagine if you don't know how crucial a cambelt is, and how/when it should be changed then you might be forgiven... but clearly the buyer did have some clue as to what one is and how it needs to be maintained because they asked about it. Some of it may depend on when the manufacturer recommends it is changed too and, if it's within that mileage band that you owned the car might be crucial.
Not sure legally where you stand but I think private sales have more protection than dealers with regards to your commitment post sale. I think that the onus is more on the buyer to check the car is satisfactory, while the seller merely has to ensure it is as described. Since you have been completely honest about the maintenance and the cambelt (to the best of your knowledge) then I don't think there's much you need to worry about.
I think ebay protection differs for privately sold cars too, although couldn't tell you how. I suspect you might get more answers for this particular query on the Motoring boards, so I would post this query over there too for some answers.

If he does take you to court, it's his word against yours really. He asked about the cambelt and you answered honestly that you were not aware if/when it was last changed, or if it needed changing. And the car was roadworthy when he drove it away because, it had an MOT and, well, he drove it!
Perhaps offer him an opportunity to return the car and mutually cancel the sale for a full refund (and hopefully your fees back too). Make sure you do this in writing. Then let him try and take you to court for compensation if he refuses it. Essentially, the court will say "well, the seller offered to refund you, what's the problem; you should have taken it".


Do you know what he did with the car? Presumably if it was uneconomical to repair he's scrapped it? Or is he waiting for you to do something first?

On the feedback thing. Let him leave you negative. You have evidence that he's threatened it conditionally on your compensating him so a quick call to ebay to report feedback extortion will get that removed for you.

BillTrac

Oh come on!!

The buyer asks about the cambelt and lo and behold he calls soon after purchase because the cambelt has gone

He probably thinks that as you are not sure when the cambelt was replaced you aren't very knowledgeable so he can scam you. Free car anyone?

tell him to foxtrot oscar.

private sale, so tough !!!! unless you totally lied to him which means he could possibly take you to the small claims court. But he would have to prove you told him porkies. Otherwise he can go f**k himself...
:rotfl:

and if he is a court bailiff then he is already a pound short of a fiver

pulliptears

BillTrac wrote: »

Oh come on!!

The buyer asks about the cambelt and lo and behold he calls soon after purchase because the cambelt has gone

He probably thinks that as you are not sure when the cambelt was replaced you aren't very knowledgeable so he can scam you. Free car anyone?

tell him to foxtrot oscar.

private sale, so tough !!!! unless you totally lied to him which means he could possibly take you to the small claims court. But he would have to prove you told him porkies. Otherwise he can go f**k himself...
:rotfl:

and if he is a court bailiff then he is already a pound short of a fiver

To be honest asking when a cambelt was changed is good practice when buying a car and something I always do. It may be purely coincidental that its given up the ghost now, but I'd be more surprised by someone who knows a little about buying cars who didnt ask about the cambelt.

utab007

Copy of my advert below:

Hi and welcome to my auction.

I am selling my Ford Mondeo 2.0i 16v Zetec 5dr Hatchback Metallic Blue which I have owned since Dec 2006. Well maintained with FSH (10 stamps). It has been a good reliable car and mainly used for commuting to work and back. Only selling as I have bought a new car.

Tax expired August 2012.
MOT till March 2013. Cruised through last MOT and only needed new wiper blades
Engine runs sweet. Starts well and drives with no faults.
CD Player, Air Con works well, Alloy Wheels, Good tyres (front 2 only 6 months old).
Battery was replaced about 2 years ago.
Part of the rear exhaust was replaced about a year ago.
2 Previous Owners.
Some damage to rear bumper from parking. See my pictures.

Some scratches and signs of rust on rear arches, but it's in fair condition for it's age. Any viewings or questions welcome. Please contact me through eBay to arrange a suitable time to view.

No time wasters please...

CASH ON COLLECTION ONLY

WINNING BUYER WILL NEED TO MAKE CONTACT WITHIN 3 DAYS OF AUCTION END OR I WILL REPORT THEM TO EBAY AND THE CAR WILL BE OFFERED ON OR RELISTED

Advertised elsewhere so reserve the right to remove listing at any time.

Thanks

sharnad

He checked the car out and accepted it. Tell him to go
Away

utab007

I would have considered paying him something as gesture of goodwill. But straight away he started threatening me negative feedback and making accusations of false advertising which pi**ed me off.

I'll post the messages from eBay, so you can see for yourselves..