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Sold my car privately, they are now threating to bring me to court if I don't agree to refund

124

Comments

  • lisyloo
    lisyloo Posts: 30,113 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    You have nothing to worry about. 
    The answer would be "so sue me" but the advise is just not to engage with this person.


  • You have fewer rights when a second-hand car is bought privately than from a dealer because important elements of the Consumer Rights Act 2015 don’t apply to privately sold cars.

    This means there is NO LEGAL REQUIREMENT for the car to be of satisfactory quality or fit for purpose

    However, contractual rules about misrepresentation do apply. So, as the seller you must accurately describe the car and not tell the buyer something about it that isn’t true, such as saying it has full service history when it hasn’t or is in excellent condition if it’s only just scraped through its MOT test with a long list of advisory work. The car also has to be in a roadworthy condition and you must have the right to sell it.


    I did not lie and described the car to the best of my knowledge. did show the mot certificate and the advisory list. the car was working when I sold it. 
    The MOT stuff is publicly available anyway
  • Can I ask how this ended please, I'm going through something very similar. Cheers
  • Can I ask how this ended please, I'm going through something very similar. Cheers
    To be honest, it has not ended yet... I have not heard back and potentially waiting for something from court... I assume that it may take a while, if it is true that she made a claim...
  • Sounds like a sob story, block the number and forget about it.
  • Sounds like either a scam or buyer's remorse. A solicitor will likely charge around £300 + VAT an hour and imo there is absolutely no need to engage one. A sub £700 car is likely to be a bit of a shed and no reasonable person would expect much for that price. Ignore any further contact unless it is from a court. If she did take it to court I don't think she'd have a leg to stand on, frankly.
  • AdrianC said:
    Sub £700 car...

    I presume there's no way that you could be taken as a trader, you genuinely are a private seller?

    Do not reply, block her number, move on with life.

    If she does launch a court claim, simply defend it with facts. The "uncle is a solicitor" bit is a giant red flag that she's simply flapping her jaws. Small claims (<£10k) don't use solicitors at all.
    Utter nonsense. 

    We went to court (small claims) and the defendant sat there with their solicitor. The same one who’d sent us many letters leading up to the hearing.
  • ontheroad1970
    ontheroad1970 Posts: 1,710 Forumite
    Fifth Anniversary 1,000 Posts Name Dropper
    edited 17 November 2021 at 12:52PM
    Advocado said:
    AdrianC said:
    Sub £700 car...

    I presume there's no way that you could be taken as a trader, you genuinely are a private seller?

    Do not reply, block her number, move on with life.

    If she does launch a court claim, simply defend it with facts. The "uncle is a solicitor" bit is a giant red flag that she's simply flapping her jaws. Small claims (<£10k) don't use solicitors at all.
    Utter nonsense. 

    We went to court (small claims) and the defendant sat there with their solicitor. The same one who’d sent us many letters leading up to the hearing.
    Just because what one defendant did doesn't make what Adrian said nonsense, let alone utter nonsense.  why are you picking out something that he said weeks ago, especially as he is unable to actually defend his view?
  • Advocado said:
    AdrianC said:
    Sub £700 car...

    I presume there's no way that you could be taken as a trader, you genuinely are a private seller?

    Do not reply, block her number, move on with life.

    If she does launch a court claim, simply defend it with facts. The "uncle is a solicitor" bit is a giant red flag that she's simply flapping her jaws. Small claims (<£10k) don't use solicitors at all.
    Utter nonsense. 

    We went to court (small claims) and the defendant sat there with their solicitor. The same one who’d sent us many letters leading up to the hearing.
    Just because what one defendant did doesn't make what Adrian said nonsense, let alone utter nonsense.  why are you picking out something that he said weeks ago, especially as he is unable to actually defend his view?
    Has Adrian "left" the forum? I though I hadn't noticed him around. 
  • Advocado said:
    AdrianC said:
    Sub £700 car...

    I presume there's no way that you could be taken as a trader, you genuinely are a private seller?

    Do not reply, block her number, move on with life.

    If she does launch a court claim, simply defend it with facts. The "uncle is a solicitor" bit is a giant red flag that she's simply flapping her jaws. Small claims (<£10k) don't use solicitors at all.
    Utter nonsense. 

    We went to court (small claims) and the defendant sat there with their solicitor. The same one who’d sent us many letters leading up to the hearing.
    Just because what one defendant did doesn't make what Adrian said nonsense, let alone utter nonsense.  why are you picking out something that he said weeks ago, especially as he is unable to actually defend his view?
    Has Adrian "left" the forum? I though I hadn't noticed him around. 
    Yes, don't know whether temporary or permanent.  Best not discuss it - most forums don't like disciplinary measures being discussed. 
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