Sold Car - Now Buyer Reports Clutch Failure & Wants Money

pinkshoes

tekton23 said:

Thanks for all your replies and support. I am very grateful for your time.
They appear genuine, so I don't believe this is a scam attempt, but who knows! I genuinely hope they are ok but at the same time, I am satisfied I did everything I could to ensure the vehicle was sold with a clean bill of health. I paid hundreds at the last service, knowing we would sell it soon, to replace brake pads and alternator belt, knowing that I would then be able to sell the vehicle with a clear conscience! I hate being threatened like I was today. Hopefully it was just the initial angry response, but according to him he is going to spend more than he paid for the car in pursuing me! If money is no issue, then he should just get on with it and replace the clutch.

Well it won't cost much to pursue you...  The cost of a stamp for a letter before action, and then a small fee to start the small claims process if he really is that daft.

The car was sold as seen, the buyer test drove it and was happy with it, and has driven it for 12 days without problems. It was very well looked after by you with a full service history, so as you did not know about any clutch problem and there wasn't a clutch problem when you sold it, then it's not your fault.

I can see why they are angry though... but again, it's just one of those things in life, and could have been their own driving style causing the clutch to go. Mr Pinkshoes bought a motorbike and 2 weeks later the engine blew. VERY annoying, but nothing he could do. He just had to suck up the cost of buying another (reconditioned) engine which he fitted himself. 

Ignore any more correspondence from this person, but if he does take it to court, just respond as above with the facts.

macman

I agree with you that he's not a scammer. Just another entitled idiot who thinks that anything they buy second-hand automatically comes with a lifetime warranty and a bunch of flowers.

Alanp

Well the secret compartment isn’t now...lol,

seriously as others have said it’s a private sale, sold as seen a clutch can be wrecked in fifteen minutes by someone determined to do so, sounds like they’re trying it on , if it went further I doubt they’d have much recourse, 

andygb

I assume the buyer had a test drive before buying and was happy to part with their money.

Therefore it is their problem.

Grumpy_chap

How many miles is low miles?
How does the sale price relate to other similar cars?
If the car was fully BMW MINI serviced, the new buyer may be able to take a claim against BMW MINI.

shaun_from_Africa

Grumpy_chap said:

If the car was fully BMW MINI serviced, the new buyer may be able to take a claim against BMW MINI.

Why?
The new buyer didn't buy the car from BMW so they have no contract, hence no consumer rights against them.

fred246

shaun_from_Africa said:

Grumpy_chap said:

If the car was fully BMW MINI serviced, the new buyer may be able to take a claim against BMW MINI.

Why?
The new buyer didn't buy the car from BMW so they have no contract, hence no consumer rights against them.

If you have a main dealer service history you have to get goodwill. It's the only reason you have to go back to a main dealer after purchase. Only problem is you don't know if you will get any goodwill until you need it. It's normally cheaper to just get it mended outside of the dealer network even if you do get 'goodwill'.

shaun_from_Africa

fred246 said:

shaun_from_Africa said:

Grumpy_chap said:

If the car was fully BMW MINI serviced, the new buyer may be able to take a claim against BMW MINI.

Why?
The new buyer didn't buy the car from BMW so they have no contract, hence no consumer rights against them.

If you have a main dealer service history you have to get goodwill. It's the only reason you have to go back to a main dealer after purchase.

But that was my point.
Having a legal claim against a company means that you must have contractual rights to enforce.
Goodwill is simply a gesture and not something that is made because the law requires it. 

MinuteNoodles

Stubod said:

..I always put "sold as seen" on the receipt....

That's nice but it has no legal weight in law.

Hermione_Granger

MinuteNoodles said:

Stubod said:

..I always put "sold as seen" on the receipt....

That's nice but it has no legal weight in law.

There are some motoring organisations (such as the AA and the Motor Ombudsman) and legal firms that would disagree with you on this.
https://www.daslaw.co.uk/blog/selling-a-car-rights-and-responsibilities

When you have agreed the sale, you should provide the buyer with a car seller’s contract. This is a receipt, signed by both the buyer and the seller, which states that the car was “sold as seen, tried and approved without guarantee”

https://www.theaa.com/car-buying/buyers-sellers-contracts

The undersigned purchaser acknowledges receipt of the above vehicle in exchange for the cash sum of £.........., this being the price agreed by the purchaser with the vendor for the above named vehicle, receipt of which the vendor hereby acknowledges. It is understood the vehicle is sold as seen, tried and approved by the purchaser.

https://www.themotorombudsman.org/useful-information/automotive-views/press-releases/stay-right-side-law-motor-codes

At a live auction, cars are ‘sold as seen’, and like a private purchase, you have very little legal protection. Check the specific terms before bidding, as the auctioneer cannot be held liable for the ownership status of a vehicle i.e. if it has been stolen.

A trader selling to a consumer can't use "sold as seen" but there is no reason why it can't be used in a C2C sale provided that the term isn't used to limit your right to expect the car to be as described.