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

wackojackouk

I did take a look - thanks for the link.

The nearest person to where I believe the car is located said its around £125+VAT per hour and the figure would be nearer £1000... :eek:

Next nearest person was 40 miles away.

EdGasket

wackojackouk wrote: »

and the figure would be nearer £1000... :eek:

Well you could suggest it to the buyer anyway to appease the court and deter the buyer from proceeding further.

Joe_Horner

EdGasket wrote: »

Well you could suggest it to the buyer anyway to appease the court and deter the buyer from proceeding further.

Yep, this. You've opened the dialogue and if they don't play (either by agreeing or making another suggestion) then they're the one blocking the direction

bankersmug

I've been following this with interest. Any news from the OP?

wackojackouk

Nothing major to update. Sent off a letter today as recommended generally to appease the court. Now it's waiting time I guess.

One interesting thing I discovered and might not be too relevant but the car was declared as sorn in early March (I checked it). I checked today and it's showing as having a valid tax disc now.

ruggedtoast

Nothing of help here but I am watching this avidly.

One of our friends did manage to sue someone in a private sale for her money back. She bought a van and it didn't even get down the road after she paid.

It was adjudged that the seller would have known it wasn't roadworthy.

Retrogamer

ruggedtoast wrote: »

Nothing of help here but I am watching this avidly.

One of our friends did manage to sue someone in a private sale for her money back. She bought a van and it didn't even get down the road after she paid.

It was adjudged that the seller would have known it wasn't roadworthy.

In the OP's case it seems the buyer knew about the slight mechanic issues with the gear linkage and i assume the price was set to reflect this, so i'd hope that would be taken into consideration.

Marktheshark

My Gut feeling is the Claimant will now run out of steam.
They were hoping for a walk through, the "mechanics" report got thrown out and its all starting to get very expensive indeed.

In fact the more expensive the OP can make the situation the less chance they will keep up the case.

They are not helping someone get over a crisis, they are trying to stop them getting a CCJ and possibly sending bailiffs round.


All because they think the OP should pay for the repairs on their new car they bought.

The question with that one is at what point do they not think the OP should pay to fix their car.

Luckily the law does, it's called caveat Emptor and is a well heeled case law based defence.

BeenThroughItAll

Marktheshark wrote: »

My Gut feeling is the Claimant will now run out of steam.
They were hoping for a walk through, the "mechanics" report got thrown out and its all starting to get very expensive indeed.

In fact the more expensive the OP can make the situation the less chance they will keep up the case.

They are not helping someone get over a crisis, they are trying to stop them getting a CCJ and possibly sending bailiffs round.


All because they think the OP should pay for the repairs on their new car they bought.

The question with that one is at what point do they not think the OP should pay to fix their car.

Luckily the law does, it's called caveat Emptor and is a well heeled case law based defence.

Are we back on the 'be as awkward as possible' thread?

ruggedtoast

Retrogamer wrote: »

In the OP's case it seems the buyer knew about the slight mechanic issues with the gear linkage and i assume the price was set to reflect this, so i'd hope that would be taken into consideration.

I would think so. But all these people telling the OP that the buyer has no rights in a private sale and it'll just be chucked out in minutes, are giving inaccurate information.

My friend did claim against a private car seller who thought exactly the same thing and had a shock when the judge awarded her her money back.

I am not saying that is what will happen here, but the court will certainly look at how the OP described the car, whether he knew it was misleading, and whether the buyer proceeded on this misinformation.

Her contention is that the gearbox was knackered and did not in any way fit the description of a car that drives well. Her problem however, is that she apparently test drove the car and used all the gears.

However this is what happened to my friend. The seller cobbled together a repair he knew would get her round the block for the test drive and washed his hands of it when she broke down on the way back to her house. And she got her money back.

We are only getting the OP's side of this story, also.