Private used car sale

Stokiest75

Surely if I lost I would have to give her the money back for the car as well 

MeteredOut

Stokiest75 said:

Surely if I lost I would have to give her the money back for the car as well 

You have a fairly simple choice

1. Tell them where to go (politely) and, in the very very very unlikely chance that they go legal, and, after that, in the very very very unlikely chance it goes against you, you'll have to give them the money back and get the car back (and some fairly minor costs)
2. You give them the money back and get the car back
   

I know which I'd choose.

HillStreetBlues

Stokiest75 said:

Surely if I lost I would have to give her the money back for the car as well 

This is a very honest forum,  will tell you what they believe, not what you want to here (certainly no echo chamber).

Not one person that I have read says you should give a refund and take car back, that's how strong the forum believes your case to be.

You need to decide to take the advice of the forum you chose to post on,  or just ignore it.

 

caprikid1

I appreciate it's stressful , but you really need to relax, if you had access to the statistics for ever 100 cases like your probably 5 will bother to pursue it, of those 5 probably 0.1 succeeds due to the seller being aware of something and advertising the car as perfect.

please don't give in to a bully, you are stronger than that and you have done nothing wrong.

CliveOfIndia

Stokiest75 said:

Getting worried to be honest as don't want a lengthy court case getting me down which potentially could be expensive as well, even though I know she has no comeback but knowing my luck it would go against me. 

I know things like this can be a worry, but please believe us, you have nothing at all to worry about.  Firstly, the fact that she quoted the Sale Of Goods act is a pretty good indication that she hasn't got a clue about the legalities of private sales.  From https://www.thecarexpert.co.uk/rejecting-a-car/ 

"Since October 2015, the Consumer Rights Act 2015 has been the legislation that covers consumer retail sales in the UK. It replaced the old Sale of Goods Act that dates back to the 1970s. 

The Act does cover new and used cars bought from a trader for consumer (private) use. A trader can be either a franchised dealer or an independent garage.

The Act does not cover vehicles bought by private sale, vehicles bought at an auction or vehicles bought for business use."

From https://www.moneyhelper.org.uk/en/everyday-money/buying-and-running-a-car/your-rights-if-something-is-wrong-with-your-car

"Buying privately is one of the riskiest ways of buying a car. If something goes wrong with it you don’t have as much legal protection as you would if you’d bought the car from a dealer.

The car must match the seller’s description, be roadworthy and the seller must have the legal right to sell it to you.

In other words, the car must work, meet the legal requirements for being driven on public roads, and be owned by the seller.

But you’re responsible for ensuring the car is “of satisfactory quality’’ and “fit for purpose” before you buy it.

Watch out for any unscrupulous sellers pretending to be private owners so they can offload faulty or stolen cars"

From https://www.honestjohn.co.uk/how-to-reject-a-car-your-consumer-rights/

"What about private vehicle sales?

When buying privately (from an individual rather than a business), you have far fewer rights. You only have rights if the car isn’t as it was described. The car should be true to the advert and what you were told by the person you bought it from. You won’t be entitled to anything just because the car is faulty or because the seller failed to mention something in the advert.

However, the seller must accurately describe the car, such as the number of previous owners. They must also not misrepresent it, for example not disclosing that it has been involved in an accident or providing a false service history.

The car must be roadworthy, too. It's a criminal offence to sell an unroadworthy car and an MoT certificate from a test several months ago is no guarantee that the car is roadworthy today.

If the individual refuses to accept your rejection, you will need to take legal action to reject the vehicle or try alternative dispute resolution — like an ombudsman. However, legal action is expensive and there's no guarantee that you will win."

To reiterate again what has been said by numerous posters on this thread - she's trying it on, and is trying to bully you.  Either she is genuinely unaware of the rights associated with a private sale, or she is aware and is just trying to pull a fast one.  Either way, if she were to be foolish enough to take it to court, she wouldn't have a snowball in Hell's chance of getting anything back from you.

Dave_5150

Stokiest75 said:

Getting worried to be honest as don't want a lengthy court case getting me down which potentially could be expensive as well, even though I know she has no comeback but knowing my luck it would go against me. 

It won't get to court as the legislation she is quoting does not apply to private sales

ontheroad1970

Dave_5150 said:

Stokiest75 said:

Getting worried to be honest as don't want a lengthy court case getting me down which potentially could be expensive as well, even though I know she has no comeback but knowing my luck it would go against me. 

It won't get to court as the legislation she is quoting does not apply to private sales

It can do, they can fill in the claim form online provided it is below the threshold.  But withe his ducks in a row proving how he had not misrepresented anything, the OP has no worries at all