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

edited 1 March 2015 at 12:34AM in Motoring
327 replies 87.6K views
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  • neilmclneilmcl Forumite
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    looks like a lot of second hand car buyers are pressing their consumer rights on private sales. All the power to them!
    And what "consumer rights" would that be in this case, please enlighten us?
  • darrensurreydarrensurrey Forumite
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    if she thinks she can sue you will see her at court.

    Wouldn't even bother turning up. :D
  • looks like a lot of second hand car buyers are pressing their consumer rights on private sales. All the power to them!

    Except in a private sale they don't have the same rights as from a trader.

    Many private buyers sell their old car via WBAC to avoid such people.

    I know I sold my last car that way.

    No hastle, no grief. And got nearly as much as a private sale.
  • londonTigerlondonTiger
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    waamo wrote: »
    Yup kill the second hand car market ? What a great idea.

    Or improve he second hand buyer market as buyers feel more protected on private sales
  • brianposterbrianposter Forumite
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    Give her the phone number of your mechanic and point out that he seems to have been able to fix the car satisfactorily for a number of years.

    You might then at least discover whether the complaint is genuine or not.
  • edited 1 March 2015 at 12:32AM
    wackojackoukwackojackouk Forumite
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    edited 1 March 2015 at 12:32AM
    Hi guys

    Thanks for all your support and advice.

    I have a legal helpline through my company who were meant to call me back last night but didn't (great eh..) so I didn't call her back last night.

    Anyway I spoke to someone this morning and they said don't take the car back but would arrange a legal to call me on Monday and go through everything. I'm also thinking of called CAB too.

    I have since spoken to the buyer who has still requested her money back. It turns out now that the mechanic she uses has said that it is a block or plate that attaches to the gearbox which is loose but still has the bolt in. Apparently it shouldn't move but it does and that's why she is having difficulty selecting reverse.

    As I said in the first post I've never had a problem with getting the car in reverse and I did tell her when she came to view the car that it can be a bit stiff to put in reverse but it's always been able to be selected - which I demonstrated.

    Apparently the part is £300 from Ford (I did tell her buy it from VW as it's a VW engine in the Ford Galaxy - same car pretty much as a VW Sharan/Seat Alhambra). She also mentioned the part was £40 ish on ebay but doesn't want a second hand part on her new car. Her mechanic said something about fixing it through the cabin not underneath (which sounded a bit odd to me) and would involve lots of labour cost.

    She said her father was prepared to claim through the small claims court and fast track it within seven days - is this an option (fast-track)?

    From what I've read on the internet (AA, Which etc) and from your advice she should have got the car inspected first before proceeding with the purchase.

    I am still concerned about the whole small claims thing and what potentially might happen.

    Don't know what else to say but I can see why people don't like selling car's privately now.

    Have to say it's pretty spoiled my weekend :(

    Thanks again

    WJUK
  • her father is full of it by the sounds of it, thinks he knows what he is on about, anyone could take you anyone to the small claims court but dosen't mean they will win. you have done nothing wrong you have not sold a dangerous car you told them about the issue & they still brought it.

    it sounds like your doing the right thing getting legal advice, are you speaking to the new car owners on the phone or in writing/text/email. if they do take this further then you would ideally need evidence in writing or some sort of recording of phone coversations.

    do not cave in like the other poster recently
  • wackojackoukwackojackouk Forumite
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    It was on the phone today. I don't have recordings (I thought this was illegal unless you told them) and she said is going to submit something in writing to me, i presume based on what her mechanic has said.
  • The buyer really does not have a legal leg to stand on and saying her dad will take it to court is just bullying you. Do not get involved any more with this, the buyer has to sort it out for herself. Be firm.
  • edited 1 March 2015 at 1:07AM
    roonaldoroonaldo Forumite
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    edited 1 March 2015 at 1:07AM
    H

    Apparently the part is £300 from Ford (I did tell her buy it from VW as it's a VW engine in the Ford Galaxy - same car pretty much as a VW Sharan/Seat Alhambra). She also mentioned the part was £40 ish on ebay but doesn't want a second hand part on her new car.
    This is not a new car, if she wants a car with new parts then she should get a new car. A working used part to get it road worthy again should be perfectly adequate in this scenario.
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