Demanding money for repairs after buying

lordrah1m

I did not sign any contract other than stating it was purchased by me new, registered in the UK, not imported, has not been used for police/self-drive/private hire/driving instructions/hackney carriage or taxi work, has not been involved in an incident resulting in serious loss or total loss, not subject to Hire Purchase agreements and finally stating the mileage as it stood at the time which was 47500.

NSG666

lordrah1m said:

This is the letter I received.

Cheers. As others have / will point out 'Satisfactory Quality' does not come into it when the sale is by a private seller regardless of who the buyer is. The car only needs to be "as described" e.g. run smoothly with no abnormal noise or faults.

neilmcl

lordrah1m said:

This is the letter I received.

I don't know what "legal" person wrote that but if they really are a solicitor etc they should know there is never an implied term for an item having to be of satisfactory quality when sold by a private individual.

The one thing a private individual is obliged to do is not misrepresent the condition of the item, and therefore if you really did describe the vehicle as "running smoothly with no abnormal noise or faults" then you have left yourself on the hook slightly if they were indeed to take this further.

Stubod

..I would either just ignore, or write once to confirm you will not be replying to any further contacts. As above, if they were a dealer and had a test drive why did they not identify any problems then?

There have been a couple of threads now relating to "dealers" wanting ,money back, I am sure they are just "trying it on" using scare tactics to try and prize some more out of unsuspecting private sellers?

..perhaps you could ask them for a 50% share of the profit they made on selling it?

lordrah1m

This is the description I used when advertising:

FORD MUSTANG 2.3 ECOBOOST 2DR 360BHP

Check out this one of a kind Ford Mustang 2.3 EcoBoost manual 360bhp in highly assorted for grabber blue with premium black leather interior. Only 1 previous owner. The car has covered 46404 miles and has a full service history with Ford South Shields. Options include: 19’’ GT alloys, Bluetooth with touch screen sat Nav, multi mode sport plus and race driving settings, electronic folding mirrors, keyless go, touch to lock and unlock door, heated and cooling seats, park distance control, climate control, adaptive cruise control, voice controls on steering wheel, DAB radio, Ford sync 3 latest update, sub and amplifier in boot, Apple and android CarPlay, electric seats, rain sensors, Michelin performance wipers, front fogs, autonomous emergency braking, day time running lights, tinted front and rear lights, tinted rear and side windows, tinted front and Ford sun strip, carbon fiber wrap wing mirrors, custom stripes and side stripes as well as roof wrap completed by Wrap Monkey, racing lowering spring, EBC racing front and rear disc pads and callipers as well as burnt exhaust tips competed by Car Whisperer, custom carbon fiber and alcantara steering wheeel by Carbonbargain.com, rear wing by Steeda.co.uk, Michelin pilot sort 4 total performance 255 40 ZR 19 front and 275 40 ZR 19 rear, Mustang pony wing mirror floor lights, genuine Ford Mustang rubber floor mats, 2 keys, complete paperwork from brand new.

REGISTRATION PLATE NOT INCLUDED, original plate will be put on upon sale, (Removed by Forum Team). 

Please contact (Removed by Forum Team) to arrange a viewing, secure the vehicle or if you have any enquiries.

1 OF 1 FORD MUSTANG, £26,550

GrumpyDil

I'm wondering if the buyer has made it clear that this was a private and not trade sale.

Agree you may have left yourself slightly on the hook depending upon the exact wording in the advert but even so the buyer, as a professional, would be expected to recognise issues that you, as a private individual would not be expected to recognise.

I would probably respond to make it clear that this was a private sale and no warranties were given as to the condition of the car. 

NSG666

Edit your post and blank out your phone number - not supposed to put personal details on here.

neilmcl

lordrah1m said:

This is the description I used when advertising:

FORD MUSTANG 2.3 ECOBOOST 2DR 360BHP

Check out this one of a kind Ford Mustang 2.3 EcoBoost manual 360bhp in highly assorted for grabber blue with premium black leather interior. Only 1 previous owner. The car has covered 46404 miles and has a full service history with Ford South Shields. Options include: 19’’ GT alloys, Bluetooth with touch screen sat Nav, multi mode sport plus and race driving settings, electronic folding mirrors, keyless go, touch to lock and unlock door, heated and cooling seats, park distance control, climate control, adaptive cruise control, voice controls on steering wheel, DAB radio, Ford sync 3 latest update, sub and amplifier in boot, Apple and android CarPlay, electric seats, rain sensors, Michelin performance wipers, front fogs, autonomous emergency braking, day time running lights, tinted front and rear lights, tinted rear and side windows, tinted front and Ford sun strip, carbon fiber wrap wing mirrors, custom stripes and side stripes as well as roof wrap completed by Wrap Monkey, racing lowering spring, EBC racing front and rear disc pads and callipers as well as burnt exhaust tips competed by Car Whisperer, custom carbon fiber and alcantara steering wheeel by Carbonbargain.com, rear wing by Steeda.co.uk, Michelin pilot sort 4 total performance 255 40 ZR 19 front and 275 40 ZR 19 rear, Mustang pony wing mirror floor lights, genuine Ford Mustang rubber floor mats, 2 keys, complete paperwork from brand new.

REGISTRATION PLATE NOT INCLUDED, original plate will be put on upon sale, (Removed by Forum Team). 

Please contact xxxxxxxxxx to arrange a viewing, secure the vehicle or if you have any enquiries.

1 OF 1 FORD MUSTANG, £26,550

So why are they referring to it being "clearly described as runs smoothly with no abnormal noise or faults"?

If that's your advert than that's all you should need to be concerned with, the rest is up to them.

onlyfoolsandparking

'to which he is clearly entitled' MY AR*E!!!!

That is a poorly written letter imo and looks like a typical let's put the frighteners on and hope this person is a bit wet behind the ears! and pays up out of fear of being sued.  

If this 'dealer' wants to issue legal proceedings then so what that is their prerogative, it will be one for the Judge to sort out not some chance their arm legal firm.

I too am certain the dealer (expert) has no leg to stand on with it being a private sale BUT it will do no harm to get your affairs in order and find out how to properly do an AOS and prepare a defence in case a CCCF lands on your doorstep. People sue/countersue every day and whilst you could most certainly do without the hassle, I believe if you deal with it proficiently and in the correct timescale/s required of the Court (should it go that far, which I'm skeptical about) you'll be fine.   

lordrah1m

How do I edit my post to remove my mobile number?