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Sold Car Privately - Buyer Unhappy - Wants to return - Help

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  • So they're claiming £2.5k for a car that cost them £2.2k - lol

    See a solicitor if it puts your mind at ease but the advice given on this thread is sound. As suggested above, when your buyer loses I would go after them for your costs.

    Please don't give into this piece of work, she'll be back for more if you do.
  • wackojackouk
    wackojackouk Posts: 1,412 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    I "think" her argument now is that the car was advertised as "Drives well and is in good condition".

    I stand by that as I never had a problem driving it or with any gear selection and in my opinion it was in good condition.

    The legal ppl I spoke to said that was a statement of opinion as such rather than a fact. I remember them saying, if I had said something like "brand new mot" and the mot was a year old then that was a false description.

    The car was 12 years old so there should be some wear and tear. I did advise her the gear could be a bit stiff as well.

    They also state in the spirit of mediation they would either take the money back for the car + court fees + £500 courtesy OR £1500 repairs + fees + £500 courtesy.

    Can they even try and claim for stress/damages such as writing letters / parents driving them / phone calls (at £25 an hour because thats what they state they earn per week when divided up)
  • wackojackouk
    wackojackouk Posts: 1,412 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    mcpitman wrote: »
    Maybe you can be really childish and countersue for distress! (joking)

    I am thinking about it ;) - Seriously I have had a recurrence of a back/shoulder/neck issue and my physio and chiro have both said to me this situation is not helping things and is linked to the recurrence :(
  • It really is unbelievable. At the end of the day they were made aware of the issue regarding the gears and they chose to proceed with the sale. this is clearly a case of buyer remorse. As you say, its a 12 year old car - it WILL have issues.

    In my opinion I would see this to the absolute bitter end, even if you were to cave in and take the car back it would still cost you £500+ on top of the refund and I bet that still wouldn't be enough for these chancers.

    I would seriously consider a counterclaim for stress, phone calls, letters and time wasted dealing with this. They wont see that coming and it'll prove to them beyond any doubt that you're not a push over.

    I put my money on them withdrawing at the very last minute.
  • Poppy9
    Poppy9 Posts: 18,833 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    I can't believe this for a 12 year old car. It's always a risk buying a used car and you have to weigh up the price against the risk (and lack of protection if buying privately). OH bought a 3 year old Mondeo from Car Select with full "12 month warranty". He knew it was ex lease, mileage not too high. Within a month it needed something major doing which was £1100. Thankfully the warranty covered. No doubt though we paid more than we would have if it had been a private sale but we didn't want the risk.
    :) ~Laugh and the world laughs with you, weep and you weep alone.~:)
  • AdrianC
    AdrianC Posts: 42,189 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper
    They have their own business so are claiming damages for loss of earnings, phone calls, letters, stress/crying / parents mileage all sorts. i presume as being a business owner they are used to this sort of stuff - over 1k worth of damages
    These guys really are comedians.
  • Sounds like they'd give Nigerian 419 scammers a run for their money!
  • AliceBanned
    AliceBanned Posts: 3,148 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    I "think" her argument now is that the car was advertised as "Drives well and is in good condition".

    I stand by that as I never had a problem driving it or with any gear selection and in my opinion it was in good condition.

    The legal ppl I spoke to said that was a statement of opinion as such rather than a fact. I remember them saying, if I had said something like "brand new mot" and the mot was a year old then that was a false description.

    The car was 12 years old so there should be some wear and tear. I did advise her the gear could be a bit stiff as well.

    They also state in the spirit of mediation they would either take the money back for the car + court fees + £500 courtesy OR £1500 repairs + fees + £500 courtesy.

    Can they even try and claim for stress/damages such as writing letters / parents driving them / phone calls (at £25 an hour because thats what they state they earn per week when divided up)

    You gave an accurate description of the car at the time up to sale. If she didn't get it checked out by a mechanic before buying then she doesn't have a leg to stand on. Sounds awful and I agree best to ignore - as with any harassment, which is what it sounds like!


    My car passed the MOT last week but today is not roadworthy as a spring coil has gone - I took it to the garage today and they said not safe to drive. I am not blaming anyone else for that -it is just the way things go! Oh but maybe I could sue the council for the potholes..;)
  • wackojackouk
    wackojackouk Posts: 1,412 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    edited 21 March 2015 at 8:52PM
    The timing also sucks because I sent my questionnaire back today saying no witness evidence etc. I think I will be calling the court on Monday to re-assess that and hopefully re-send my questionnaire back with an amendment around witnesses.

    Now I have an idea what the parts are (originally it was just the mechanism, now it's the cables due to the fluid leak etc perishing the rubber) I looked online Ford Parts Online who sell genuine parts for a lot less than what has been quoted.
  • Op

    Take it to the end. You are not in wrong and I cant wait for you to smile/poke your tongue out/give the finger (via a cheeky scratch of the forehead) in the court room when it is ruled in your favour.

    And personally I would counter claim for the cost of your holiday seeing as you will be unable to enjoy it.
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