Sold my car - now buyer wants refund

althamon

Hi,

I sold my car privately through internet advertising not auction sites about day and a half, and the new owner was aware that the boot would not open and I had said that it would most likely need the motor or the switch replacing.

Now the new owners father had contacted me saying that the car has had a burning smell and now subsequently broken down and apparently had a burning smell for last couple of days. The new owner was in need of a car quickly and only recently passed their test.

So this must have started immediately after buying as when I gave them a run in the car and for the times I drove it 20 miles to and from work every day during the week with a colleague. In none of the times either of us noticed such a smell or any other problems. Also it would have been noticeable on the test drive and I wasn't made aware of it until the car broke down.

Even though the new owner had fallen in love with the car at first sight I explained everything they needed to know about the car and they had all opportunity to check it over. Also the person who gave them a lift just sat in their own car and didn't seem to take any interest.

I had the car interim serviced in December, since then done about 2k miles commuting to and from work. I sold the car in the knowledge that it only had 2 months MOT remaining.

I had initially had the car at £1500 the week before sale - dropped it to £1250 with the MOT approaching and when the boot wouldn't open dropped to £1000. I made people inquiring about the car aware of the boot saying I have taken the money off so they could get it repaired. I then agreed the sale cost of £850 the sister of the new owner prior to them arriving.

I also gave them a receipt to say the car was sold as seen and that the car was inspected by the purchaser and sold for the value of £850 and it is signed, dated by us both and time was written down on both copies by the new owner.

Any help is appreciated as in the phone call that I received from the father he said that he is not someone I want to mess with and will take it to court to recover the money but he would prefer to resolve it amicably.

Apologies for the long post but wanted to get as much detail in as possible.

AnythingButChardonnay

Don't be bullied into submission.

And no small claims court in the land would find in his favour, provided you state the facts. He'd be wasting his own time and money.

motorguy

AnythingButChardonnay wrote: »

Don't be bullied into submission.

And no small claims court in the land would find in his favour, provided you state the facts. He'd be wasting his own time and money.

+1

Private sale. Cease all contact with the buyer. Dont answer the phone to them and dont reply to texts.

Also, note down any time you feel threatened or intimidated by this person or his father. Keep any texts too.

steve-L

AnythingButChardonnay wrote: »

Don't be bullied into submission.

And no small claims court in the land would find in his favour, provided you state the facts. He'd be wasting his own time and money.

+1 ....
If he was threatening violence that might bother me....
Threatening court... he's wasting his time and money OR just trying to bully you.

Tupperware_Queen

It sounds like you have been very upfront and honest about what was not perfect about the car...at the end of the day every second hand car is going to have 'quirks'. As others have said, you have nothing to fear from a legal standpoint, and if you feel intimidated then its a police matter.

It sounds to me like an independent young person has made their own decision, which Dad is not in agreement with and is therefore trying it on.

dacouch

Burning smell for a new driver...clutch perhaps

althamon

Thanks for the advice, it is just a bit worrying when something like this happens and you are not sure how to act especially since all documents have been sent minutes after they left with the car.

Dave101t

private selling a used car is excempt from any sort of sale of goods act. it has a valid mot so he is stuck with it. call the police for harassment.

forgotmyname

Tell him to teach his son how use a clutch and stop racing people from the traffic lights.

6000rpm and slip the clutch. It will soon start to smell.

trets77

"Sold as seen" . End of story. That sound amical enough?

If they have now discovered things they are unhappy with they should have taken the time to look at the car in more detail before buying.

You are not a Main dealer or a shop.

Suggest if they think they have a case they try the small claims court, where this would be thrown out in a instant.

Add that Any further contact you will treat as harrasment and report to police.

No longer your car and no longer your problem.

althamon

Even though I am aware of the fact as a private seller it won't apply but just received this text message from the father.

"The new owner is rejecting the car you miss sold and will be looking to obtain a full refund plus costs under the miss selling of goods act. I will be in touch with my friend and I very much look forward to making your acquaintance."

How do I respond if at all?

Also the advert I posted online listed all the features of the car and nothing else as I explained the faults as I knew to them on the phone and in person before they viewed the car.