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Private car sale - urgent

I sold my vehicle on the 16th January 2016.


This was a private sale and was advertised online. The vehicle was accurately described and included in my add was the fuel filler flap that needed replacing as this had broken off.
It was mentioned in my Add that the car was MOT'd until Feb 2016 and the reason for sale was that I had been given a company car.


The buyer came to test drive the car and questioned the back door handle which she struggled to open. It appeared to be sticking, but up until that point there had been no issue with the door that I had been aware of.


I advertised the vehicle at £1,300 but on the day of sale accepted £1,100 due to the issue with the door.




Today the buyer has contacted me to tell me the car has now failed its MOT and she is taking me to court unless I offer her 50% towards the cost.
I have checked the MOT online and none of the failed items were even in my previous advisories, which she looked at on the day of sale. The back door however is one of the reasons that the car has failed its MOT.


Where do I stand with this? I have told her I am not willing to offer her any money due to the fact that I already accepted £200 less than I was asking for.


She has told me to expect a letter in the post starting court proceedings.


Any Advice?
«134567

Comments

  • philatio
    philatio Posts: 678 Forumite
    Part of the Furniture 500 Posts Combo Breaker
    See her in court. You'll win.
  • Do you think she has a case against me?
  • philatio wrote: »
    See her in court. You'll win.

    I wouldn't bet on that.

    https://forums.moneysavingexpert.com/discussion/5185951
  • bris
    bris Posts: 10,548 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    She has no case unless you deliberately misled her.


    If not she has no case, forget that link if the story is even true it's one in a million.
  • burlington6
    burlington6 Posts: 2,111 Forumite
    1,000 Posts Combo Breaker
    Ignore her. It's a common scam with chancers.
  • m0bov
    m0bov Posts: 2,748 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Sounds like a scam, just ignore it. If you get more phone calls, just blokc the number. Unless you mis sold the car, covered up the problem its up to them. Its buyer beware, if it were me I would have asked for a fresh MOT or walked. It was up to the buyer, they could have had a pre MOT check on the car for example. They knew about the door.
  • It sounds like you have done everything above board and not tried to mislead her, as far as you were concerned the car was fine am guessing your not a mechanic so you would have no reason to suspect your car would fail its mot. She may have driven it like a lunatic for the last couple of weeks and caused the faults herself.
    keep a copy of the ad and everything else just to be on the safe side, i to think she's trying it on with you.
  • philatio
    philatio Posts: 678 Forumite
    Part of the Furniture 500 Posts Combo Breaker
    Shes trying it on.
    Tell her that it was sold as seen, you've taken advice on the matter and if she has an issue with that you'll fight the case in court.

    99% guarantee you'll hear nothing more.
  • Chancer. She bought a car with virtually no MOT. Tuff.
  • lindze
    lindze Posts: 107 Forumite
    Sixth Anniversary 10 Posts Combo Breaker
    The car should not fail due to the back door. My car has had one of the back doors permanently locked (for at least 4 yrs) due to lock failure and my MOT garage said as long as they can easily test the rear seatbelts and has one working door it is a pass.

    If the buyer had signed a 'sold as seen and tested' statement then I believe that they do not have a leg to stand on.
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