Private used car sale

Clive_Woody

Grumpy_chap said:

Stubod said:

I would be very surprised if it would get to court as there really isn't a case to answer based on what you have reported above, particulalry as it involves the private sale of an old high mileage car.

They may well "threaten" you with court action, but I would just reply with "see you in court then"?

I agree, but I would not respond on anything such as "see you in court then". 
I would have one, simple statement along the lines of "Car was private sale of my private vehicle and as described in the advert.  I transferred good title.  I have nothing further to add."
Simply repeat that verbatim response to anything.

Just got with this sound advice. Do not enter into any further discussion. Rinse and repeat the statement above

Grumpy_chap

Bigphil1474 said:

OP, if you do want to reduce the risk of some hassle, you could offer a small partial refund to help them out. 

No way
No way
No way

caprikid1 said:

"Unfortunately I sold this car in good faith, I feel I described the car accurately, I feel I have done everything that is reasonably expected in the situation so I won't be able to discuss this further or assist with any perceived issues. This is far from a new car and some level of issues are likely to occur on such a vehicle. Unfortunately I am a private seller not a garage who could have offered you warranty etc but obviously the price reflected that. Thankyou

No "unfortunately" to be included - no emotion - simply pure statements of fact, so:

caprikid1 said:

"I sold this car in good faith, I described the car accurately, I have done everything that is reasonably expected in the situation so I won't be able to discuss this further or assist with any perceived issues. I am a private seller not a garage. Thankyou

Stokiest75

The only thing that bothers me is that it could come to small claims court and I don't want the hassle of that as I been reading about a view on this forum over the last couple of hours and not necessarily in seller favour either. 

jimjames

Stokiest75 said:

The only thing that bothers me is that it could come to small claims court and I don't want the hassle of that as I been reading about a view on this forum over the last couple of hours and not necessarily in seller favour either. 

It will not get as far as small claims court, there is no case to answer from the advert you've posted, especially when they have no idea even of the law they think applies. They are trying it on and have no intention of going to small claims, it's purely to intimidate you into caving. For a private sale they have minimal rights and even those are removed by the way you advertised the car.

HillStreetBlues

Stokiest75 said:

The only thing that bothers me is that it could come to small claims court and I don't want the hassle of that as I been reading about a view on this forum over the last couple of hours and not necessarily in seller favour either. 

Many post on these forums relate to CPA2015, but that only to do with business to consumer.
It does NOT deal with either  business to business or consumer to consumer, on what you have told us yours is the latter.

prettyandfluffy

Do not enter into discussion with them.  It is their car, if they don't want to keep it they can sell it on.  The threat of legal action is just that - a threat.  Do not allow yourself to be bullied into parting with money, if things are as you say then you have done nothing wrong.  Buying used cars is always a risk.

caprikid1

prettyandfluffy said:

Do not enter into discussion with them.  It is their car, if they don't want to keep it they can sell it on.  The threat of legal action is just that - a threat.  Do not allow yourself to be bullied into parting with money, if things are as you say then you have done nothing wrong.  Buying used cars is always a risk.

If they wanted a lower risk transaction then they needed to purchase a new car or via a reputable garage that do multi check inspections etc.

They chose not to do that and go via the private seller route, that potentially saves money but not always but comes with less rights and less come back.

This is their problem not yours, the law does not expect you to warranty a vehicle, all it expects is you describe it honestly to the best of your knowledge and ability. You have done everything correct, they are the ones in the wrong.

If the sellers do not think they are in the wrong then unfortunately they will find out.

Stokiest75

I have received a letter this morning from the buyer unless I refund or repair the car she is going to start court action on the grounds that the car is not fit for purpose under CRA of 2015.
She should have a refund as clutch feels heavy now as well plus garage says diesel pump pulley is damaged not running true, also making a whining noise as well, but its totally enclosed so how would you see that normally, saying dangerous to drive.
So she wants dealer/trader rights on private sale.
She drove the car and didn't question the clutch and how would I know about this pulley issue when it is under covers. This is getting to me now feel like giving in, I sold the car quite inoccently and in good faith now I'm getting all this aggro.
Rac legal helpline told me as long as I didn't misrepresent the car it is up to buyer to satisfy themselves, she should have got it inspected before hand not after. 

ontheroad1970

Stay strong.  The CRA doesn't apply to consumer to consumer except via misrepresentation.  You didn't misrepresent anything.

Grumpy_chap

Stokiest75 said:

This is getting to me now feel like giving in, I sold the car quite inoccently and in good faith now I'm getting all this aggro.
Rac legal helpline told me as long as I didn't misrepresent the car it is up to buyer to satisfy themselves, she should have got it inspected before hand not after. 

Don't give in.
So long as everything you said in the OP is correct and complete, then you are in the clear.
Simply respond "Thank you for the letter, as stated previously this is a private sale of my private vehicle, sold as seen.  The car was correctly described at the sale and I transferred good title.  There is no basis for any further action."

What did the RAC legal helpline say for you to do as the next steps?