Car dealer threatening action

Herzlos

sensiblekate said:

Thanks Herzlos, we are in Scotland so may look into that. 

That theoritically makes it easier for you then. If he continues to try and contact you after you've told him to stop, or he makes anything that sounds like a threat to come round then give 101 a call and report it. Someone may go and visit him to nip it in the bud (though they may not, it depends how busy they are)

justworriedabit

He can't do anything. He test drove it, you sold it. Anyone can park up a car that had been driven from Norway to Margate and all was well. After a little rest you go to start the care it does not work. You tun of a new tv, you turn it back on, not working.
Of all people he is a car trader, supposed to be and even if it was on the same day - you sold it as seen and tested. You as a private seller have no obligation other than stating the truth when asked. 

The only way he will have a case against you is if that oil leak was fixed with a temp repair/etc but he'd have to prove that you did it. It is possible to have a car repaired, pay good money, car runs well until it goes wrong again and the new garage that  checks the car finds a bodge job.
Judging by what you have said, you have no case to answer.
Some years ago dad bought and sold his Mercedes  over the phone to a franchised Mercedes dealer. They delivered the car and took his previous car away. - it was about 120 miles from my parents place. Dad noted a small fault on the new car rang them up and agreed to have the new car looked at by local MB. The the sales person said that dads old Merc's engine managment light came on as they were driving back. Dad said it was fine when the driver took the car and confirmed the sales mans stated the light came on as the driver was driving back - So, things do go wrong but were previously fine.

Ignore the calls etc and that a first from me.

justworriedabit

Which garage was it - you don't need to say but check their reviews as there may be an indication of what happens when they buy or for that matter when they sell. I always judge a review ie negative ones by a pattern.

sensiblekate

justworriedabit said:

Which garage was it - you don't need to say but check their reviews as there may be an indication of what happens when they buy or for that matter when they sell. I always judge a review ie negative ones by a pattern.

They have a number of bad reviews going back to 2015 or so. There is mention of threatening behaviour, intimidation and even them being reported to trading standards. Thanks for all the comments, I’m feeling much more confident about our case now. 

marlot

If he does take you to court, you get to see the evidence.  You can choose to settle further down the line.
You have a strong case.  Don't reply to him any further.  Unlikely that any court papers will come through, because he'll have to pay the court fees - and I can't see him doing so.

Herzlos

sensiblekate said:

justworriedabit said:

Which garage was it - you don't need to say but check their reviews as there may be an indication of what happens when they buy or for that matter when they sell. I always judge a review ie negative ones by a pattern.

They have a number of bad reviews going back to 2015 or so. There is mention of threatening behaviour, intimidation and even them being reported to trading standards. Thanks for all the comments, I’m feeling much more confident about our case now. 

I'd take a copy of those reviews should you need to speak to the police about harrassment; they'll be much keener to help if he has form for it.

Le_Kirk

sensiblekate said:

I noticed the Jeep was then on auto trader from at least 18th March, with photos showing it in a showroom and claiming it has an MOT up until March 2022. 

sensiblekate said:

Thanks for your replies - much appreciated! On checking the MOT, they haven’t carried it out yet (although it states in the advert that it has a ‘long’ MOT). We had it MOT’d in January and there was no mention of an oil leak in the advisories.  

These two statements don't seem to agree with each other; as others have said, find and keep the first advert you saw.

Alanp

I’m with the majority on here, he’s trying to intimidate you, he’s supposed to be the professional, he should have inspected the car, and adjusted the px as appropriate where  any faults showed up ,if he’s had bad reviews and has been involved with trading standards, it might be worth giving them a call , but, as others said ignore him and have no further correspondence with him.

Mutton_Geoff

justworriedabit said:

The only way he will have a case against you is if that oil leak was fixed with a temp repair/etc but he'd have to prove that you did it.

I don't agree. The car was sold as seen at the moment the transaction was done. There will be no come back. Whatever is wrong with the car now. Lots of armchair lawyers here, if you are not sure OP, then try the CAB or the legal helpline on your house/car insurance.

Herzlos

Mutton_Geoff said:

justworriedabit said:

The only way he will have a case against you is if that oil leak was fixed with a temp repair/etc but he'd have to prove that you did it.

I don't agree. The car was sold as seen at the moment the transaction was done. There will be no come back. Whatever is wrong with the car now. Lots of armchair lawyers here, if you are not sure OP, then try the CAB or the legal helpline on your house/car insurance.

He *may* have some claim if he can prove that the OP had done something to hide the fault such that a reasonable inspection didn't discover it. It's reasonable for him to have a look around the engine bay with a torch and look under the vehicle, but he shouldn't be expected to have to strip down and reassemble the whole car to find hidden faults.
It's still hugely uphill as without any proof it was deliberate there's almost no way a judge would take his side.

It's purely an intimidation attempt though, because he is hoping most people will just pay up.