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

edited 1 March 2015 at 12:34AM in Motoring
327 replies 87.5K views
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  • Morning folks.

    I did get a long message in writing from the buyer this morning too via electronic means) which actually has some inconsistencies in it.

    Regarding the apparant issue with reverse, they are now claiming it's dangerous if they were caught behind an accident (car on fire).

    I spoke to CAB and the legal advice line via work called me back and re-read their message back to both of them too. Both of whom supported me as you've all said and informed me I have no legal obligation.

    Thanks for the advice.

    WJUK

    Time to end all contact.
  • jbainbridgejbainbridge Forumite
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    Time to end all contact.

    Yep - stop taking their calls - end all contact.
  • almillaralmillar Forumite
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    <waiting for londonTiger to tell us what consumer rights second hand car buyers have in private sales>
    Regarding the apparant issue with reverse, they are now claiming it's dangerous if they were caught behind an accident (car on fire).

    Not if they stopped where they were meant to, still being able to see the other car's rear tyres - you should be able to manouvere around without reversing.
    But as has been said repeatedly, you told her there was a problem with reverse, she experienced it, and she bought the car, satisfied with her information. Deal done, no lies told, no claim back on you. Don't pay one penny.
    BTW you have no relationship whatsover with her father so he can't take you to court!
  • edited 2 March 2015 at 5:34PM
    wackojackoukwackojackouk Forumite
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    edited 2 March 2015 at 5:34PM
    Thanks guys

    I received another message which said she has spoken to CAB and they advised her "if the car does not fit the description that advertised with at time of purchase, then the purchaser can return it for a full refund".

    Saying "I will recall the vehicle would not go into reverse when required which was not declared on the advert or at time of purchase".

    This is a complete fabrication as I did tell her about the reverse being stiff AND when I put the car into reverse in front of her it did go into reverse and I demonstrated this to her at least twice. She also said in her earlier message... "when I returned home, I again tried to reverse and this time it worked". Has she conveniently forgot I showed her this? and what she wrote back?

    Also a Ford qualified mechanic (who didn't inspect it until a week later) said in his opinion it was not fit for purpose on the sale date (20/2) due to a faulty gear selector mechanism.

    She is going to seek a legal remedy if I don't refund her before 6pm tomorrow night (3/3) and will add the cost of loss of use, plus undue stress she has experienced and danger of driving the car.

    Again she reiterates the deadline of tomorrow (which in theory is not a reasonable amount of time regardless).

    I spoke to CAB again and they said IF she has called them she must be giving a different set of events but they would also not tell her to sue for damages etc. They of course did say they couldn't guarantee anything but I have a good argument/case.

    Not going to reply as I think it's scaremongering but would appreciate your thoughts?
  • Thanks guys

    I received another message which said she has spoken to CAB and they advised her "if the car does not fit the description that advertised with at time of purchase, then the purchaser can return it for a full refund".

    Saying "I will recall the vehicle would not go into reverse when required which was not declared on the advert or at time of purchase".

    This is a complete fabrication as I did tell her about the reverse being stiff AND when I put the car into reverse in front of her it did go into reverse and I demonstrated this to her at least twice. She also said in her earlier message... "when I returned home, I again tried to reverse and this time it worked". Has she conveniently forgot I showed her this?

    Also a Ford qualified mechanic (who didn't inspect it until a week later) said in his opinion it was not fit for purpose on the sale date (20/2) due to a faulty gear selector mechanism.

    She is going to seek a legal remedy if I don't refund her before 6pm tomorrow night (3/3) and will add the cost of loss of use, plus undue stress she has experienced and danger of driving the car.

    Again she reiterates the deadline of tomorrow (which in theory is not a reasonable amount of time regardless).

    I spoke to CAB again and they said IF she has called them she must be giving a different set of events but they would also not tell her to sue for damages etc. They of course did say they couldn't guarantee anything but I have a good argument/case.

    Not going to reply as I think it's scaremongering but would appreciate your thoughts?

    See post #6 for your answer.

    If you want more reassurance print up the text of your advert, just in case you put that it is in "excellent condition with no know mechanical faults whatsoever"

    Oh and IF they get to court and win, they will not be able to charge you for the stress of the possibility they parked too close to a car that is on fire and cannot reverse.
    "Dream World" by The B Sharps....describes a lot of the posts in the Loans and Mortgage sections !!!
  • wackojackoukwackojackouk Forumite
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    I have a copy of the advert... I don't see what I wrote was wrong and as I said above I certainly mentioned it. She also test drove it too.

    Selling my Diesel Ford Galaxy as I've got a new car.
    MOT till October 2015. Mileage is 86.5k with service history and lots of receipts. Has had cam belt changed previously, and also had a new dual mass flywheel and Sachs clutch about two years ago.
    Air conditioning pipes, compressor and evaporator were replaced under warranty during my ownership.

    Car drives very well and is in good condition. It does have a couple of supermarket scrapes on the rear bumper and a small dent on the rear wheel arch (see photos) but this is expected on a car of this age.

    Interior is in very good condition; grey velour and it has a DVD screen in the roof. Has all the normal Ghia enhancements such as privacy glass, captain seats, cruise control, front and rear parking sensors, heated power mirrors, heated front screen etc
  • bazsterbazster Forumite
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    57 posts on and the answer is still the same as the one you got in post #4.

    And stop wasting your time with the CAB, they don't know their ar*e from their elbow.
    Je suis Charlie.
  • wackojackoukwackojackouk Forumite
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    bazster wrote: »
    And stop wasting your time with the CAB, they don't know their ar*e from their elbow.

    That's what worries me.
  • DoaMDoaM Forumite
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    Car drives very well

    That's the only very minor quibble point. But as you pointed out to her the problem with reverse gear prior to concluding the sale, this can't be used against you. (Make sure to keep copies of all her correspondence. Any texts, try to get them printed out, especially the one where she mentions reverse gear).
  • Why not just send them a text :

    "http://forums.moneysavingexpert.com/showthread.php?t=5185951&page=1&quot;

    And let then rant on here all they like....they will get the message and never bother you again !
    "Dream World" by The B Sharps....describes a lot of the posts in the Loans and Mortgage sections !!!
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