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Private car sale - urgent

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Comments

  • philatio
    philatio Posts: 678 Forumite
    Part of the Furniture 500 Posts Combo Breaker
    ^exactly

    OP - Read my post above yours!
    Do NOT get involved in a slanging match.
  • m0bov
    m0bov Posts: 2,748 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    As I said before, don't get into letter ping pong, if she had any legal standing, then you would of got a Sols letter by now, she is just digging away. The above is short and sweet so either that, or just bin the letters.
  • Valli
    Valli Posts: 25,594 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Send the letter Wealdroam has drafted. She is now harassing you.

    BUT save all the letters you have had so far, and evidence of any attempts to contact you by other means or through other channels because these will form evidence should you need to take it further.

    Stay strong, from what you have said you have done nothing wrong.
    Don't put it DOWN; put it AWAY
    "I would like more sisters, that the taking out of one, might not leave such stillness" Emily Dickinson
    :heart:Janice 1964-2016:heart:

    Thank you Honey Bear
  • s_b
    s_b Posts: 4,464 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    to concur ,follow the excellant advice from wealdroom to the letter and send it signed for delivery
    any more letters from them unless its a small claims letter they have paid for then i would call it harrasement and would make a formal complaint to the police
  • susancs
    susancs Posts: 3,888 Forumite
    Excellent advice from Wealdroam.

    OP, as the buyer seems to like writing letters, you may well get a letter before action, but it is doubtful if she will take it further as you have already given her £200 off the purchase price for the sticking door handle to be repaired and a new exhaust pipe would cost about £70 (50% of which is £35). With the time, filing costs involved in going to small claims court it is hardly worth it.
  • loufrance
    loufrance Posts: 15 Forumite
    So I decided not to reply to her letters.

    Today i have received a County Court Claim form from her, her reason for claim is as follows -

    According to the sale of goods act 1979, i've not sold the car according to the add, she was traumatized that her life had been placed in danger, she was informed from the add that the car was in good condition, but has had to spend £600 to make it road worthy.
    She's claiming 50% of the costs. (however she has so far failed to send me any proof)

    Any advice? How serious is this? Does this mean i am going to end up paying out?
    I can't see how this is fair when I have already accepted £200 less for the sale!!!
  • pappa_golf
    pappa_golf Posts: 8,895 Forumite
    1,000 Posts Combo Breaker
    edited 16 April 2016 at 12:02PM
    sorry , just skimmed page one , but seen your last post


    "According to the sale of goods act 1979"


    does a private individual have to abide by that law?


    edit: now consumer rights act http://www.which.co.uk/consumer-rights/regulation/sale-of-goods-act and applies to retailers , not man on the street selling 10 yr old car






    PS: I think sale of goods act 1979 has been superceeded a few times , so she is just spouting off "bar room" talk
    Save a Rachael

    buy a share in crapita
  • unholyangel
    unholyangel Posts: 16,866 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    pappa_golf wrote: »
    sorry , just skimmed page one , but seen your last post


    "According to the sale of goods act 1979"


    does a private individual have to abide by that law?


    edit: now consumer rights act http://www.which.co.uk/consumer-rights/regulation/sale-of-goods-act and applies to retailers , not man on the street selling 10 yr old car






    PS: I think sale of goods act 1979 has been superceeded a few times , so she is just spouting off "bar room" talk

    The CRA only replaced the SoGA for consumer sales. The SoGA still applies to b2b contracts or a sales contract between 2 private individuals.

    However certain parts don't apply to private sales (and can be contracted out of with b2b sales). Such as that the goods are of satisfactory quality.

    All a private sale has to do is basically match its description. OP, what exactly was the description you used?
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • wealdroam
    wealdroam Posts: 19,180 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    loufrance wrote: »
    Today i have received a County Court Claim form from her...
    She has sent a claim form, or is the court that has send the documentation?
  • s_b
    s_b Posts: 4,464 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    wealdroam wrote: »
    She has sent a claim form, or is the court that has send the documentation?
    as said

    please explain exactly what you have received at this time and dont panic:)
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