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

Exemplar

ruggedtoast wrote: »

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'll say it again. I lost a case and it cost me £1800.

There are lots of keyboard warriors here puffing their chests out. The facts are that people lose these cases everyday.

I did...

yenool

alcot33uk wrote: »

I'll say it again. I lost a case and it cost me £1800.

There are lots of keyboard warriors here puffing their chests out. The facts are that people lose these cases everyday.

I did...

What happened?

Exemplar

yenool wrote: »

What happened?

Sold a car with no known faults, buyer signed as sold as seen.

6 months later I get a court summons saying the car was faulty.

The buyer had actually sold the car on but still pursued me for a 'fault'.

The judge sided with him.

I lost..

£1800 + court costs + his expenses

robbies_gal

how did he prove it was faulty if he had already sold it on

Astronaughtwannabe

If you were in for his costs as well then either it was the judge's mother or there's more to it than you're telling us.

fred246

I have always taken this thread to be. A guy has a Ford Galaxy which needs a new dual mass flywheel and clutch. The job is bodged so gear selection difficult. Tries to persuade a woman that's it's actually OK and she is taken in. She discovers it really isn't OK and wants her money back. I think it's closer than people think. I guess my interpretation is based on the fact that you have to remove the transmission to do the clutch and dual mass flywheel. I think garages create lemons due to poor workmanship.

Joe_Horner

fred246 wrote: »

I have always taken this thread to be. A guy has a Ford Galaxy which needs a new dual mass flywheel and clutch. The job is bodged so gear selection difficult. Tries to persuade a woman that's it's actually OK and she is taken in. She discovers it really isn't OK and wants her money back. I think it's closer than people think.

From reading all posts by the OP (and the very fact he posted about it at all), I don't agree with your take on it. The people who do that sort of thing don't usually need support from a website to avoid come-back, and don't usually worry about court action because they'll just void paying whatever the outcome!

But I do agree it would be a perfectly reasonable interpretation of the bare facts. Which means it's an interpretation that a court could well reach on the balance of probabilities (which is NOT a high bar to pass!).

If he'd come across on here as a bolshy git looking to "make it hard" for the buyer from the start I'd probably be agreeing with your assessment. Hence the suggestions that the OP goes that extra mile to show that he's the reasonable party as far as the court's concerned.

George_Michael

Astronaughtwannabe wrote: »

If you were in for his costs as well then either it was the judge's mother or there's more to it than you're telling us.

As alcot was a car dealer when they sold the motor in question and if the judge thought that the car sale was a business transaction then writing "sold as seen" on a receipt is illegal which could be why they lost the case and had to pay costs.
http://forums.moneysavingexpert.com/showpost.php?p=1396706&postcount=13 (from 2006)

Hi there gang,(1st post, please be gentle...)

I am that sleazy car salesman(!) that some of you deal with!

If someone came into my dealership and played hardball I would honestly let them walk away, and have no problem with letting them go elsewhere.

http://forums.moneysavingexpert.com/showpost.php?p=27814933&postcount=116 (from 2009 and 3 years previously, alcot was a car salesman)

Hi all. Thought I would give you my personal experience of this. I sold a car about 3 years ago to a guy and reciept stated 'sold as see, no warranty implied in writing or verbally' etc etc. About 4 weeks later I get a letter stating that the SAM unit (Smart Roadster brain) had gone and what was I going to do about it. I knew that it left me with no problems. Letters went to and fro stating sorry about your problem etc, caveat emptor etc. Eventually he took me to the small claims court and he won. Cost me £1100 plus costs. So be aware!

I thought that you stated that it was £1800 + costs!

Marktheshark

alcot33uk wrote: »

Sold a car with no known faults, buyer signed as sold as seen.

6 months later I get a court summons saying the car was faulty.

The buyer had actually sold the car on but still pursued me for a 'fault'.

The judge sided with him.

I lost..

£1800 + court costs + his expenses

Can you post a copy of the Judgment or case number so I can download the case files ?
Would like to read that.

Exemplar

George_Michael wrote: »

As alcot was a car dealer when they sold the motor in question and if the judge thought that the car sale was a business transaction then writing "sold as seen" on a receipt is illegal which could be why they lost the case and had to pay costs.
http://forums.moneysavingexpert.com/showpost.php?p=1396706&postcount=13 (from 2006)



http://forums.moneysavingexpert.com/showpost.php?p=27814933&postcount=116 (from 2009 and 3 years previously, alcot was a car salesman)

I thought that you stated that it was £1800 + costs!

This was 2009 and I no longer worked for the dealer. I was then working for a recycling company.
Apologies yes it was £1100, plus costs.