Private sale help

pinkshoes

Becky44474 said:

@pinkshoes

They were shown the vehicle via facetime, decided they wanted it, and didn't want to test drive it when we got there.. They didn't have anyone there to check it over and, well we're not mechanics, we had the go ahead it was ready for sale after Mot from our mechanic, so we were happy.

They had no questions. We told them it hadn't been serviced for a few years, since 2019,so really needed one, expecting them to knock us down in price for that but they didn't.. We shown them all previous service receipts.. We had originally bought it with full service history and the car dealership never sent us it, which he agreed on paper he would send. We explained all of this too.

Really sorry to hear of your issues but sounds like you just got on and dealt with the misfortune. Vehicles suck. 

In which case you are absolutely fine and they have NO case whatsoever.

Just ignore all further correspondence until you get something official from the court.

If you do feel the need to reply in writing, just state:

"The car was was sold with 12 months MOT. You inspected the car yourselves and were happy with its condition. You declined the opportunity to test drive it. All previous service receipts were shown and the car was sold with no known issues. This was a private sale so The 2015 Consumer Rights does not apply, and the car was accurately described which is what is required of a private sale. I have never had an issue with the car."

Personally I would just not both replying until/if they send court papers. It is unlikely as they should have hopefully found out by now they won't win as they do not have consumer rights in a private sale. That's why private sale prices are less than dealer ones as you have fewer rights when things go wrong. 

Mrs44474

Grumpy_chap said:

macman said:

14 year old car and they didn't want to test drive it, or even view it before purchase? This is just an obvious scam, so please stop engaging with these people and beating yourself up about it. 

I'd agree, except some of the actions buy the OP are a little "trader-like" - especially the driving it 200 miles to deliver.
Does that indicate the buyer thought this was a trade sale and the CCR would apply?

I currently have a car for sale and there is no way I would spend my time driving 200 miles (and I've got to get back somehow) to meet a person who will buy the car.  How would I know they'll be there?  Or complete the deal?  Or not just a complete scam?
(Oh - Ooops)

Thanks for your reply. I can say 100% I'm not a trader lol. It wasnt 200 miles exactly. I didn't want to give the exact amount in case they're looking on these posts but after giving other details I suppose this doesn't matter now 😅. It was a 200 mile round trip. Not one way. We spoke on facetime, they paid 100 non refundable deposit and a fuel cost upfront, so I was sure they wanted it. 🤷🏼‍♀️

There is no way the buyer thought it was trade. We spoke on facetime, it was sold via my fb profile. They obviously just don't understand CCR...

And my husband and myself both drove separately so that I could get home.. 

robatwork

The more you type the more it's obvious this is a scam.

Engage no more, and if they keep hassling you report them to the police for harassment, and make sure they know you've done this.

MarvinDay

pinkshoes said

In which case you are absolutely fine and they have NO case whatsoever.

Just ignore all further correspondence until you get something official from the court.

If you do feel the need to reply in writing, just state:

"The car was was sold with 12 months MOT. You inspected the car yourselves and were happy with its condition. You declined the opportunity to test drive it. All previous service receipts were shown and the car was sold with no known issues. This was a private sale so The 2015 Consumer Rights does not apply, and the car was accurately described which is what is required of a private sale. I have never had an issue with the car."

Parts of the CRA do apply so I would suggest a slight change to the wording above to:

"The car was was sold with 12 months MOT. You inspected the car yourselves and were happy with its condition. You declined the opportunity to test drive it. All previous service receipts were shown and the car was sold with no known issues. This was a private sale so the sections of the 2015 Consumer Rights act that cover durability and fitness for purpose do not apply, and the car was accurately described  and I had the legal right to sell which is all that is required. I have never had an issue with the car."

Mrs44474

MarvinDay said:

pinkshoes said

In which case you are absolutely fine and they have NO case whatsoever.

Just ignore all further correspondence until you get something official from the court.

If you do feel the need to reply in writing, just state:

"The car was was sold with 12 months MOT. You inspected the car yourselves and were happy with its condition. You declined the opportunity to test drive it. All previous service receipts were shown and the car was sold with no known issues. This was a private sale so The 2015 Consumer Rights does not apply, and the car was accurately described which is what is required of a private sale. I have never had an issue with the car."

Parts of the CRA do apply so I would suggest a slight change to the wording above to:

"The car was was sold with 12 months MOT. You inspected the car yourselves and were happy with its condition. You declined the opportunity to test drive it. All previous service receipts were shown and the car was sold with no known issues. This was a private sale so the sections of the 2015 Consumer Rights act that cover durability and fitness for purpose do not apply, and the car was accurately described  and I had the legal right to sell which is all that is required. I have never had an issue with the car."

That's great, thank you so much. 

Manxman_in_exile

I agree with @pinkshoes that I would not encourage* them by responding at all.  But if you really do feel the need to send something then send pinkshoes' draft as amended by @MarvinDay.

And I would add something at the end to the effect that: "I now consider this matter closed and will not engage in any further discussion with you about it".

As others have said, so long as any advertisement you used to sell the car was accurate and truthful (to the best of your knowledge) and did not knowingly make any false claims about the car or its condition, and so long as you truthfully answered any questions you were asked, then you have nothing to worry about.  If you gave them an opportunity to test drive and to ask questions about it but they did neither, that is their problem.

*Unfortunately you have most likely encouraged them already by engaging with them in the first place, and by offering to contrinute towards some repair as a "goodwill gesture".

As long as you are confident that you knew nothing of the problem when you sold them the car, IGNORE all further correspondence from them unless and until you get a court claim from them.

Mrs44474

Also, after speaking with a mechanic, the tampering they claim of, isn't even tampering. Its always silicone around the cover of the timing chain on these vehicles. They tried to claim it was a bodge job.. 🙈

macman

It doesn't matter if the buyer thought it was a trade sale: it wasn't, so CRA 2015 does not apply.
If you buy from a trader masquerading as a private seller, and it is later proven that the seller was a trader, then CRA 2015 does apply.

Ectophile

Becky44474 said:

My dad's a mechanic, and he's looked at the photos they have sent, and he said it would be obvious the timing belt has gone, and it doesn't seem so in the photos... I don't know 🙈🙈

You need to realise that they are scamming you.

They bought a car off you, and presumably paid you a fair price for the car.

Then they made up a problem and demanded that you gave them some money back.

Once you've done that, they will make up another problem, and demand more money back.

If you don't block them, and instead keep engaging with them, you will find in the end that you have given them back all the money they paid for the car, and they still have your car.

They can then sell the car on, and keep all the money for themselves.

macman

If they were making a serious claim then they would need an engineer's report, which they haven't got. All they have sent you are some vague photos which don't even prove the chain has snapped. And, if it had, you are still not liable.
I'm still baffled as to why you offered to deliver a car 100 miles away for a private sale though. If i was pulling a scam like this, I wouldn't want the seller knowing where I lived. Did you deliver to an actual house, or meet at some neutral venue?