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

Marktheshark

What did they do with regards to the price.
What was you asking and what did they end up paying.
Negotiating a price down on inspection proves that they inspected the car and decided to offer less based upon what they found.

wackojackouk

The car was advertised at £2500 and she offered £2250 which I accepted. She paid in cash.

straighttalker

OP, please don't worry about the claim. Small claims hearings are designed to be user friendly so that the man in the street can defend himself without the worry of the other side being at an advantage with regards to costs. Apart from the Court issue fee and perhaps the expense of attending the hearing itself ie parking, travel, pro rata time off work, the Claimant won't be able to claim anything else. That is IF they win! All this rubbish about costs for writing letters, telephone calls, distress etc etc will not be awarded by the Court.

You've done well up to now. You've managed to file your Defence and the allocation questionnaire. In the questionnaire, as others have already stated, you should have requested the matter be transferred to your local Court so you don't have to travel as far to attend any hearings. Once the questionnaires are in, the matter will be transferred to your local Court is requested and will be listed for a final hearing. Dependant on the Court's schedule it will be months away rather than weeks.

When I was still in practice, there were no further directions other than that both parties had to serve on each other and the Court all evidence they wish to rely on. This includes any documents and witness evidence. Even though you stated you did not wish to seek to rely on witness evidence, you would still be advised to provide your own witness statement detailing your version of events. This will add meat to the bones of your Defence. Make sure it includes a statement of truth, names both parties and the Court ref number and is clear and concise. Type your statement out using numbered paragraphs so the Judge can be referred to certain ones at the hearing. You would be wise to collate all of your evidence in a file with numbered tabs to help the Court and the Judge. Service of all evidence was usually ordered to be effected at least 14 days prior to the hearing.

Keep us posted on here if you receive any further orders of the Court.

wackojackouk

Thanks Straight-talker.

Sent you a PM too.

JethroUK

wackojackouk wrote: »

Hi guys

I sold my car privately about a week ago. Lady was happy with the car although did find it difficult to put in reverse but managed to do it.

I did mention it could be difficult if you weren't used to it but I've never had any problems or got stuck and showed her how to do it easily enough. It's even had a new dual mass flywheel and clutch since I've owned it and drives beautifully.

I had a call later that day when she couldn't put it in reverse and when she finally did she got it home ok. A friend next door took a look and said she had knocked out the gear linkage and it was common on VW's (he know's VW's apparantly). She then said she did this stalling in fourth apparantly and he would fix it on Saturday.

Not hear anything else so thought everything was good.

Anyway I got a call today with her sounding upset saying she want's a refund as her mechanic had taken a look and said the gear selector (i presume the cable) is worn to excess and there is something leaking down there and smells of diesel.

He told her talking of over £700-800 at least to look it and not sure if that will put it right and she just wants to bring it back.

I'm not sure if this is the whole story or not but documents have been sent off, she's taxed it etc so technically I don't own it.

The other option is her dad would persue it through a small claims court etc.

I'm worried as I didn't know anything about any issues. It's always been serviced and repaired when anything went wrong with it and I was driving fine up until last Friday.

Of course I don't want the car back as I've just spent 9k on a newer car so don't have the finances really but I don't want to be rude and I consider myself to be nice and try to be helpful where I can.

Can anyone offer some further advice as I'm pretty concerned what could happen going forward.

Thanks

WJUK

EDIT - I said VW above. It's a Ford Galaxy which has the 1.9TDI VW engine in it.

Give her a refund and sell it on to someone that does want it

Marktheshark

You can add additional information to the defence, that they inspected the car and decided to make a lower offer based upon that inspection is again in your favour.
Also as I said Mediation is not in your interests as you do not owe her any money so have nothing to meditation about.
Mediation is only for those who think they might owe money.

chickendipperbabe

JethroUK wrote: »

Give her a refund and sell it on to someone that does want it

The buyer wants a lot more than a refund at this point.

marlot

JethroUK wrote: »

Give her a refund and sell it on to someone that does want it

That ship sailed some time ago. THe car has now been repaired.

wackojackouk

marlot wrote: »

That ship sailed some time ago. THe car has now been repaired.

I don't think it has tbh. It has been declared as SORN (I've checked) and has been threatened to be used as evidence.... in a Small Claims Court. Will the judge put his overalls on?

AdrianC

wackojackouk wrote: »

I don't think it has tbh. It has been declared as SORN (I've checked) and has been threatened to be used as evidence.... in a Small Claims Court. Will the judge put his overalls on?

No. They would need to pay for an engineer's report. IF (and that is a HUGE if), they would then add the cost of that report to the claim.