Sold car privately - Now told the car was misdescribed

neilmcl

Kattekwaad said:

MariusAdam said:

A friend of mine also told me that he might replace the engine himself considering that is was quite low mileage and he now tries to scam me into giving him a refund and be stuck with a tampered car.

What the heck does this mean?

Yeah, it took me a few goes too. I think he means that a friend suggested that this bloke might've switched out the engine and is now trying to pull a fast one.

MariusAdam

Thanks for the reassurance guys. I'll keep this thread open and will keep you posted if anything changes. 

Jumblebumble

452 said:

nyermen said:

"You described the car as covering 48.000 miles from new. When upon inspection we have discovered the car doesn't have the original engine therefore your description of low mileage from new is incorrect"
I wasnt aware that an engine change (even if really the case) resulted in a reset of the counter.  So if anything, the description of low mileage is better than expected...?

If the car has only covered 48000 miles then what's wrong with the description? It's down to the buyer to check before if the original engine is so important. 

Tell him the engine may have only done 36000 miles and you want another £500.

Better still ask the whiner if the car has covered 48000 miles
Advise  him that you are only interested if the answer is  Yes or No
Actually best of all is to ignore any further correspondence unless you get an actual court summons  This includes solicitors and debt collectors pontificating about  what their client might do.

MariusAdam

Update 27/05/2020
I received a Civil Money Claim from the buyer based on the fact that I miss described the car in the advert, I advised the car has never been in an accident and that when originally asked where I purchased the car I advised from a dealer in as part exchange
 The claim also contains a Timeline of what happened that mentions a few things that aren't true.
1. "Telephoned the defendant and asked him to take the car back and refund us, he advised he couldn't do that and we should sell the car on." 
2. "Advert is deleted from Facebook Marketplace instead of marked as sold and his profile on Facebook was removed"
3. "Originally advised that the car was purchased from a dealer as a part exchange. And then he advised that he purchased it from a friend"

1. I never advised to sell the car on.
2. I deleted the add from Facebook Marketplace instead of marking as sold(not sure how this is relevant) however, I certainly not removed my Facebook profile.
3. I advised that I bought a car from someone in Manchester that told me he got this car as a part exchange when he sold a different car. I never mentioned the word dealer. (Bought the car together with my brother in law that can confirm this)
The claimant then writes a statement of truth saying 
"I believe that the facts stated in this claim form are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth"
All advice is welcome. 
Thanks in advance

JamoLew

He will have to prove that the car was not as described in the advert - if he can't provide a copy of the advert then he will fail at the first hurdle

waamo

You need to follow the court process if a claim has been made. Complete the acknowledgement of service and prepare your defence.

MariusAdam

JamoLew said:

He will have to prove that the car was not as described in the advert - if he can't provide a copy of the advert then he will fail at the first hurdle

He has a copy of the advert 

MariusAdam

waamo said:

You need to follow the court process if a claim has been made. Complete the acknowledgement of service and prepare your defence.

I never had to do something like this. How would you advice on preparing my defence 

JJ_Egan

https://forums.moneysavingexpert.com/discussion/6148477/received-a-civil-money-claim-please-help

pinkshoes

MariusAdam said:

waamo said:

You need to follow the court process if a claim has been made. Complete the acknowledgement of service and prepare your defence.

I never had to do something like this. How would you advice on preparing my defence 

You defend in the same way that he has attacked.

A timeline of events including what you said, what the advert said. Do you have a copy of the advert from when you bought the car?