Another unhappy buyer - private sale

Retrogamer

There are several threads on several motoring forums where cars such as the RX8, the Toyota Avensis and the Civic 2.2 Turbo diesel, the VAG 1.4TSI engine for example where people have been unhappy at the oil they used, even from new, they complained to the manufacturer and manufacturers have claimed that using up to 1 liter of oil per 1000miles (just 1 example) is acceptable.

Logic would dictate as the engine grows older with more mileage that consumption will rise also and the price the vehicle was sold at had taken that age and mileage into consideration.

If you don't reply to a solicitors letter and it somehow goes through to small claims, judges are usually less generous in their judgement if they feel the seller didn't try and mitigate the issues before it went to court.

Stoke

Tell him it's higher mileage and all cars up to a certain point use oil. My Lupo has 150k miles on and will easily use a good pint or more after 4-5k miles ish.


Tell him bung some good oil fortifier in and forget about it.

almillar

cars such as the RX8

RX8 is different - it doesn't 'maybe' use some oil, sometimes, after a certain mileage, as something that should be tolerated, it's specifically designed to use it. If it doesn't use oil there's something wrong!

His legal advice should be that if no questions were dishonestly answered, and it was a private sale, that's it.
If you do get a letter from a solicitor, he's probably lied to them, so it might be worthwhile replying pointing out the above. I just think that if it did go to court you'd want to be seen as acting reasonably, which would involve replying to correspondence.

MacMickster

Herzlos wrote: »

I wouldn't ignore. If you do get a solicitors letter, then you should reply to the solicitor stating simply that it was a private sale.

I would add that you won't engage in any further correspondence.

I suspect that, like you, your buyer has found that the car is uncomfortable when driving any distance and is trying it on hoping to get you to take it back from him.

captainawsome

Thanks for all the great input, much appreciated.

If a solicitor letter does arrive then I will respond politely detailing the facts and hopefully they will be professional enough to act accordingly. Certainly puts me off selling privately in future, wish I had just took the few hundred pounds hit and traded the car in now. We live and learn

jimjames

Marktheshark wrote: »

If he sends a solicitors letter, engage his solicitor and start asking questions by letter with a mail reply address only .
He will soon get fed up of paying for solicitors letters.

I've done that in the past on a different matter.
It costs me nothing to respond to them with a series of questions. Every letter they send is costing someone an invoice.
It didn't take long before they stopped and I heard nothing more.

wiltsguy_2

jimjames wrote: »

I've done that in the past on a different matter.
It costs me nothing to respond to them with a series of questions. Every letter they send is costing someone an invoice.
It didn't take long before they stopped and I heard nothing more.

:T:T I like this! cracking idea, or though i doubt any letter will arrive.

Robisere

As a former workshop foreman and garage business manager, I recall a certain private sale made by a friend (not connected to the business I managed) with a similar result, which came to nothing. The friend asked my advice and I consulted my boss' solicitor, what follows is the gist of his advice:

The buyer has no chance of any form of redress from a legal standpoint. However, you must reply to the complainant by letter, preferably typed and copied with the information that a copy has been retained. Inform the buyer that he did not request any form of warranty and you did not give one. State the car's age and mileage and conclude that, whilst the car may or may not have the faults that he describes since it left your possession, it did not have those faults during the time it was yours. Inform him that any legal action he may consider against yourself, will be contested.

Do not contact the buyer again, but keep any further correspondence from the buyer. I very much doubt that there will be any.

This is an example of someone wanting the car and having second thoughts for financial or other reasons.

tomba_2

captainawsome wrote: »

Thanks for all the great help as usual. He's mentioned me giving him his money back for the car if I won't do anything else, but I will just have to stand firm and tell him it's not my problem unfortunately. Thanks again

So....he knocked you down £350 and has had the car for 2 weeks eh? :cool:
You could offer him, let me see, £3150 less his own idea of a further £350 less 14 days hire/use/depreciation at £25 a day is another £350....give him £2450, that's a fair trade-back!?!
130,000 miles...yip, oil user, yip...knocks...of course these things will come with an older high-mileage motor!!!

captainawsome

Thanks tomba. To be honest I'm hoping to never hear from him again, let alone buy the thing back off him, but I will keep your suggestions in mind if push comes to shove. Lol