Private sale help

Mrs44474

Hello. 

We sold a car a few weeks ago. 

It has had the timing chain snap and now they're trying to get a full refund.

We massively feel for them, as they haven't had the car even a couple weeks and it's already broken. We had recently got the car through its mot, so it was as big a surprise to us as it was to them that the car broke down after just over a week! 

We paid for a part that they originally thought it was, as a goodwill gesture. It wasn't that and its now come to light its the timing chain. 

Everyone is telling us its 'buyer beware' (caveat emptor).

We wanted to offer them a sum of money back, to help towards the repairs which are costly.. But have been told that it would look guilty to do that.. And now it's gone all formal letters and I feel like it's quickly escalating.

It was an honest sale. We advertised correctly. And they asked zero questions. So we tried to inform them of everything we could think of, that we would normally ask..

Anyway, they're saying the timing chain has been tampered with.. Which is strange as we've had the car 4 years and never had an issue with the engine or chain. So it's never had work on that or been looked at. So the issue must've been there prior to us buying it, but obviously wasn't anything major as we never had any issues.

Everyone is saying ignore the formal letters we keep getting emailed.. I just don't know what to do.

user1977

Becky44474 said:

Everyone is saying ignore the formal letters we keep getting emailed.. I just don't know what to do.

You should listen to what everyone is saying. Worry about it if and when the buyers actually raise a court action (they won't).

Bradden

It's hard to advise youwithout knowing more detail of what has been said... you may have inadvertantly opened a can of worm whilst trying to to the right thing. I've no idea how @user1977 can say with any degree of certainty that they will not go "legal" without knowing what has been said by both parties.
However it does seem a common problem on here that buyers have similar issues with car sales that ther buyers find "major issues" after purchasing and then try to get the seller to pay. The advice to ignore them is geneally given.. I don't want to worry you needlessly - I just don't think you've given us enough info to be confident in this case.

mattyprice4004

Block their email address and phone number, let them play the next move. 

You owe them nothing 

The_Fat_Controller

DO NOT ENGAGE WITH THEM ANY FURTHER.

pinkshoes

DO NOT communicate any further unless you get an official court letter.

If they do send an official small claims court letter then respond with the facts.

Mrs44474

The majority say ignore but I feel so rude!

We sold a car, with 12 month mot, fully working and driven 200 miles by myself to the buyer, as requested by them. 

They loved the car. They have now had the misfortune of the timing chain breaking and have asked for a full refund quoting the consumer rights act 2015. I have informed them this does not specifically apply to our situation, as it was a private sale. Though it still keeps getting quoted. 

I 100% know we've done nothing wrong. We specifically waited until. We had 12 months mot on it, to do our best to make sure it was a reliable vehicle. There's no way we could have known the belt would snap or break. If it has. There's been no photo evidence of this just of the actual engine.. Though I don't know where it is and how easy it would be to photograph. 

I honestly feel so bad for them. It escalated so quickly, one minute we're chatting on the phone and im getting an update on the cars situation and 12 hours later I'm asked for a full refund and everything has been switched to formal letters, no further texts or calls. 

I know that the car was sold as advertised, and that it was roadworthy at point of sale! 

Mrs44474

Bradden said:

 you may have inadvertantly opened a can of worm whilst trying to to the right thing.

Could you explain this please?

The difficult thing is, the buyers asked zero questions. We were very forthcoming in faults we knew of, but they didn't ask anything. We asked if they had questions and they said no... But I fear it's going to turn into a case of he said she said... What if they lie?? 

Grumpy_chap

Private sale so it is totally "caveat emptor".

You have already been generous in providing a "part" as a goodwill gesture.  What was that part?
If the timing belt went, that would be apparent immediately it went.

Who tampered with the timing belt?  Was it the buyer?  How do they know it had been tampered with, given the belt went?

Anyway, you need to avoid any further engagement with them.  Definitely do not offer a sum of money back.
The only exception would be depending on the nature of these "formal letters" - are these just letters to threaten, or are these formal legal letters - letter before action?

Mrs44474

Grumpy_chap said:

Private sale so it is totally "caveat emptor".

You have already been generous in providing a "part" as a goodwill gesture.  What was that part?
If the timing belt went, that would be apparent immediately it went.

Who tampered with the timing belt?  Was it the buyer?  How do they know it had been tampered with, given the belt went?

Anyway, you need to avoid any further engagement with them.  Definitely do not offer a sum of money back.
The only exception would be depending on the nature of these "formal letters" - are these just letters to threaten, or are these formal legal letters - letter before action?

It was a camshaft censor, that's what they thought it was.. 

The tampering of the timing belt I've no idea. I think theyre trying to imply we tampered with it to get it sold? Something about a fudged job to silicone a cover or something. I have no idea. Though that was only mentioned in text and phone call and they've not mentioned that since, which is weird. They just keep saying the belt has slipped/snapped.

The formal letters are just templates that I assume people use for car sales from businesses.. Nothing from small claims. I'm sure the judge wouldn't even give it time of day, but we've been screwed over with parking tickets before through small claims when we were in the right too! 

GrumpyDil

As above ignore. Whilst you may feel sorry for them you don't know if they have swapped your perfectly good engine with a broken one or swapped out parts etc.