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Private car sale - urgent

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Comments

  • pinkshoes
    pinkshoes Posts: 20,609 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    If it is not a "letter before action" she has sent, then do nothing.

    If she does then send a letter before action, reply factually stating that all previous MOTs passed, had been inspected and valued by garage week before, mileage is clearly dated, and she had ample opportunity to inspect and test the car before purchasing.
    Should've = Should HAVE (not 'of')
    Would've = Would HAVE (not 'of')

    No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)
  • arcon5
    arcon5 Posts: 14,099 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    lol that's a dream fail!

    A bit of putty and a part-worn tyre.

    £30.

    Can't have been that major if she never heard it when looking at it.
  • JReacher1
    JReacher1 Posts: 4,663 Forumite
    Part of the Furniture 1,000 Posts Name Dropper I've been Money Tipped!
    edited 12 February 2016 at 8:41PM
    Only an idiot would buy a cheap second hand car with a MOT of less than a month.

    Although if I was selling a car and it had less than a months MOT left I would get it MOT'd myself before I put it up for sale. This would protect me from problems like this!
  • arcon5 wrote: »
    lol that's a dream fail!


    I was thinking exactly the same myself.
    A 10 year old motor with worn tyres and a hole in the exhaust isn't exactly unusual and the negotiated £200 discount will easily cover the repairs provided that it's not done at a main dealers.
  • robatwork
    robatwork Posts: 7,306 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    Just to be extra sure, can you post here the exact wording of the contract that you both signed when making this transaction. This is pretty simple contract law, and caveat emptor applies to anything not in the contract.
  • One person apparently lost a case after ignoring all advice on how to defend the claim and writing a shed load of self incriminating blurb para-legal tosh instead of the simple phrase "caveat emptor" , this does not and will not set a precedent in any county court claim.
    Others on here take pride in Ponting out the claim was lost and they were right despite the fact the poster involved ignored the defence written for them and entered basically a bunch of self incriminating rubbish admitting they knowingly sold a faulty car.

    Lets get that straight.
    I do Contracts, all day every day.
  • naedanger
    naedanger Posts: 3,105 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    One person apparently lost a case after ignoring all advice on how to defend the claim and writing a shed load of self incriminating blurb para-legal tosh instead of the simple phrase "caveat emptor" , this does not and will not set a precedent in any county court claim.
    Others on here take pride in Ponting out the claim was lost and they were right despite the fact the poster involved ignored the defence written for them and entered basically a bunch of self incriminating rubbish admitting they knowingly sold a faulty car.

    Lets get that straight.

    If the op gave any description of the car (e.g. in the advert), and the buyer was effectively arguing the car was not as described, then the op would be ill advised to defend the case by simply responding "caveat emptor".

    That said, at this stage the op can just ignore the complaint if they wish (alternatively they could give a valid defence - which "caveat emptor" may not be).
  • worried_jim
    worried_jim Posts: 11,631 Forumite
    10,000 Posts Combo Breaker
    Just let them jog on and forget about it.
  • Thanks everyone.


    I am going to reply to the letter, I want to be cooperative and would also like a chance to defend myself against some of the points she has made.




    I was wondering in the letter if I should mention something about further contact? If I send a letter and she responds I don't want to keep having to reply (unless of course its legal documents.)
  • tykesi
    tykesi Posts: 2,061 Forumite
    1,000 Posts Combo Breaker
    Just defend the points she has raised but without incriminating yourself. Re-iterate that it was a private sale and her responsibility to carry out due diligence and tell her you won't enter into any further correspondence about the matter.

    Post your reply here first if you like, I'm sure people will be happy to give you pointers.
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