📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

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

1121315171833

Comments

  • all private cars are sold as seen, tell them to shove it!
  • As for "witnesses" this is know as hear say evidence and worthless.

    That's incorrect.

    Hearsay is where one person testifies, to what another person has told them, that some other person saw/read/heard.

    A witness is a person who actually saw/read/heard, what they are testifying to.
  • So, updates?
  • barbiedoll
    barbiedoll Posts: 5,328 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    I'm looking forward to seeing how this one turns out. There was a similar case on "Judge Rinder" a couple of weeks ago, with a guy who had bought a 100,000+mileage car from a private seller and who then demanded compensation (obviously) and repayment for subsequent repairs.

    The "Judge" ruled against the claimant, and he also quoted "Caveat Emptor". Typically, the claimant had a loud (and slightly homophobic) rant after the case, but he still didn't get any cash.

    Maybe OP should contact the show! ;)
    "I may be many things but not being indiscreet isn't one of them"
  • glider3560
    glider3560 Posts: 4,115 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    We had a similar issue several years ago. Buyer bought a bicycle (advertised in local paper) for about £150.

    She phoned a few times asking for help adjusting the bike suspension. We got fed up with her and stopped answering the calls after a while.

    She then wrote by recorded delivery (using a SOGA template from a website). We responded to say that the sections she quoted only applied to sales by people acting in the course of a business, which we weren't.

    She then sent another recorded delivery letter saying CAB told her we were wrong and she was entitled to a refund. We did not reply.

    She then issued a court summons. Whole process took about 5 months from start to finish. Judge called us in for a 20 minute "pre-hearing" before the claimant had to commit to pay the hearing fee. He basically told her she had no case, but she continued to a hearing anyway.

    Her evidence included an engineer's report which consisted of a three line quote from a local bike shop. The relative of mine she made the claim against is well versed in the CPR so got the judge to dismiss this.

    Her claim was based on us writing "very good condition" in the advert and that it was older than 2 years which we said it was. Our defence was based on her test riding the bike up the road after which she reported no problems and the original purchased receipt showing it was in fact only 14 months old.

    The judge was good and weighed up both sides. In the end, he ruled in our favour based on "the sale did not take place by description".

    It was an interesting experience from which we learnt a lot about civil law. Shame it wasted so much time and money (writing letters, defences, postage etc) that we could not claim back.
  • She deffo sounds like a major PITA.


    She bought a 12 yo car that had a fault that you showed her.


    I once bought a car that I wasn't convinced about the clutch. Still misses needed a car and I took the chance. Even told by the seller 'never had any problems ' 2 weeks later the clutch went ( were talking about a £450 car here ). I shouldn't have bought it but I did, my fault. I paid for a new clutch ( all else was fine on it ) If I wasn't happy I should have walked away!

    If shes still happy to persue you maybe you could hire some local oiks? A few bottle of natch and no car, no further claim. ( joking of course... )


    Keep us posted.
  • Poppy9
    Poppy9 Posts: 18,833 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    On Judge Rinder someone claiming for a used 14 year old car off Ebay. Needs repairs of £900. Claimant wants refund of money he paid for car (£999), plus cost of repairs he's paid for to date - £221.

    Waiting for ruling!
    :) ~Laugh and the world laughs with you, weep and you weep alone.~:)
  • robbies_gal
    robbies_gal Posts: 7,895 Forumite
    Part of the Furniture 1,000 Posts
    all depends though

    were they told of ay probs did they ask before buying?
    What goes around-comes around
  • Poppy9
    Poppy9 Posts: 18,833 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    Okay. It's a Jag. Advertised as very good condition, inside and out. 116k miles. 3 days after buying it broke down.

    Judge dismissed case as seller had no expert knowledge as he was not a mechanic and car had worked for him. Buyer should have had car checked out, he didn't.

    Caveat Emptor applies.
    :) ~Laugh and the world laughs with you, weep and you weep alone.~:)
  • maxmycardagain
    maxmycardagain Posts: 5,853 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    stator wrote: »
    Personally I would feel guilty about this given the short timescale of the fault.

    If they agreed to have MY trusted mechanic look at it, and fix it I would offer to pay 50% of the costs. :mad:

    But that's my personal, moral possition, not a legal one. Obviously you'd want some kind of written agreement that makes it all binding with no further costs due to you.


    No No No.....thats a slippery slope and tantamount to admitting responsibility
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 351.3K Banking & Borrowing
  • 253.2K Reduce Debt & Boost Income
  • 453.7K Spending & Discounts
  • 244.2K Work, Benefits & Business
  • 599.4K Mortgages, Homes & Bills
  • 177.1K Life & Family
  • 257.7K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.2K Discuss & Feedback
  • 37.6K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.