Sold my car - now buyer wants refund

motorguy

althamon wrote: »

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.

There is no such thing as the misselling of goods act. And as its a private sale, for all intents and purposes there is no such thing as the Sale of Goods Act either.

I would take that as a threat. Personally i would ring the police and say you have been threatened and explain what has been happening. Get an incident reference number and the name of the duty sergeant.

Secondly i would ring your solicitor and ask him to represent you in this matter if required.

Finally, i would reply along the lines of. "I will be communicating no further with you. If however you wish to pursue this matter, please direct future correspondence to 'my solictors office, my solicitors address'. I consider these texts to be harrassment and I have informed the police at 'police station name' of their nature and made them aware of the situation, including your ful details should they be required. Incident number relating to this is 'incident number and the duty sergant is sergeant 'duty sergeants name''"

althamon

As I wish I had the money to pay for a solicitor I just cannot afford one and that was why I was selling this car in the first place because I needed a smaller cheaper car to run both on insurance and fuel consumption, as 1.6 cars tend to drink their weight in fuel.

motorguy

althamon wrote: »

As I wish I had the money to pay for a solicitor I just cannot afford one and that was why I was selling this car in the first place because I needed a smaller cheaper car to run both on insurance and fuel consumption, as 1.6 cars tend to drink their weight in fuel.

You wont need to pay a solicitor - perhaps if anything a small nominal sum. If you dont have a solicitor that knows you and you have previously used, find a local one who offers a free consultation. At worst it will be a solitors letter or two.

I think whats important here is to deflect this moron away from contacting you directly and on to a third party legal body.

Also, that text is definitely of a threatening nature, and you need to get that logged in case this does escalate.

Its either that or give in and refund the monkey but he has added 'plus costs' so hes expecting more back than he paid for the car.

mrsrwallace

Don't be bullied into giving the money back. As my OH always says the only guarantee on a car in a private sale is if it breaks down leaving your driveway. If the car was driven away and you explained all the faults with it then that is the buyer's problem, not yours. I appreciate solicitors are expensive so I would go with the suggestion given about getting the police involved, make them aware of the texts and any calls (do not delete anything) and get an incident number. If the buyer's dad wants to waste his time and money in proceeding with a claim against you then let him. He is just coming over all bully-boy and trying to scare you into giving up the money. Can you contact the mobile/phone provider and get his calls barred or blocked? I would send one more message saying you will NOT be giving a refund and that you expect no further correspondence from him. Don't back down no matter how intimidated you feel. Anyway, whats it got to do with the dad?? He is not the purchaser so tell him he is now harrassing you. Be strong!

colino

If you are a genuine private seller and you didn't lie in response to any direct questions they have no comeback. Caveat Emptor applies and respond that you sold, and they bought, in good faith and you will not enter into any further communications.
There is always some chancer with his barrack room lawyer mate trying to screw someone over when it comes to cars.

motorguy

My only 'fear' here is the implied threat, hence why i'd try to divert any correspondence to be in writing and to a solicitor.

I've sold cars in the past that have led to a disagreement with the buyer and you start to get texts like 'dont worry, we'll see you soon' and 'we know where you live', which can be very intimidating.

Horizon81

Motorguy has given some sound advice. I would just reply saying you are having no further contact with them and that you have no legal obligations, plus tell them that you have logged it with the police as harrassment and any further contact will also be logged with the police. I wouldn't bother with a a solicitor.

As said above, this is a private sale and this chancer is trying to appeal to your better nature/take you for a ride/take the mickey/threaten you. It's their bad luck not yours.

Aylesbury_Duck

Stand firm. Do not back down. Keep the text as evidence of this man's threatening behaviour. I would avoid any further communication with him, not even replying to say you won't have an more correspondence with him. If you do, he is likely to send another text which may worry you further.

If this person does turn up in person (and would you recognise him if he does?) then a polite but firm "I'm afraid I'm not prepared to discuss the matter" should do the job but if argued with, you then insist that he deals with your solicitor, details of which you will send him.

althamon

Thanks again for the advice.

I will be going to CAB tomorrow morning.

I don't know if I would recognise him as he (at least I would assume it was him) stayed in the car for the whole transaction and it was only his daughter that looked at the car.

I will log the message with the police in case it is taken further.

With everything that has happened this year it seem to me that 2013 is just unlucky for me.

Aylesbury_Duck

Good luck. If going to CAB is going to cost you (time off work, travel costs, etc) then I think the advice you receive from this forum and other internet sources will suffice. I don't think the CAB are likely to add anything to what you know already.

Good idea to log the message. I hope and suspect it won't come to anything because the man will give up when he realises his intimidation isn't going to work. That's why it's important not to give him room to even begin negotiation.