Sold as seen buyer wants to return

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  • hollydays
    hollydays Posts: 19,812 Forumite
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    What was the wording of the contract you drew up?
    He signed in duplicate I take it?
  • Sicard
    Sicard Posts: 851 Forumite
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    There are several signs of a blown head gasket: Your car could be leaking or spraying coolant into the engine compartment, or onto the ground, it could be overheating, you could have white smoke coming from your exhaust or there could be exhaust gases in your coolant.

    You say you know him from school. Maybe his parents have stopped paying him pocket money.
    You know what uranium is, right? It's this thing called nuclear weapons. And other things. Like lots of things are done with uranium. Including some bad things.
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  • ScorpiondeRooftrouser
    ScorpiondeRooftrouser Posts: 2,851 Forumite
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    Sicard wrote: »

    You say you know him from school. Maybe his parents have stopped paying him pocket money.

    As he says " they haven't had it looked at by a professional and are just going off what they've been told by their teenage boys" it seems more likely that they either work at a school or were at school some time ago.

    For the OP, the best course of action probably depends on how much they have paid and how much they have still to pay. Would you rather have the money already paid and nothing more, or have the car back and return that money? Those are the only options likely to be available to you without litigation.

    Of course you could try and take the car back and keep the money already paid, but I doubt they would be willing to sign the car over to you without getting all the money up front.
  • Spudserella
    Spudserella Posts: 6 Forumite
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    I'd rather have the money paid. The car is apparently undriveable do is of no use to me dumped on my drive. I'd have gotten more money for it scrapped driven in that towed so I've already lost money.
    The buyer has now gone through their paperwork and there is a receipt from January when the c.f. boot was done that says "suspect head gasket". The garage didn't do a compression test and write this on all MGs who's head gasket have not been done as they're know for them being a problem. I had it looked at again by another garage who said it was not the head gasket.
    The buyer is now saying that they want their money back and their passport returned (I kept it as collateral incase they didn't pay).
    Although they have their kids messaging me on their behalf.
    Will this stand up in court? I'm £450 out of pocket and the car is in their name.
  • comeandgo
    comeandgo Posts: 5,744 Forumite
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    I would not guarantee you win anything if this goes to court, there is one garage saying head gasket needs looked at, and for goodness sake give him his passport back, you have no right to keep it.
  • arcon5
    arcon5 Posts: 14,099 Forumite
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    His passport is your only collateral so ignore above
  • J_B
    J_B Posts: 6,445 Forumite
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    arcon5 wrote: »
    His passport is your only collateral so ignore above

    This /|\
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  • Spudserella
    Spudserella Posts: 6 Forumite
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    They have no right to keep my money. We agreed I'd have their passport until the full amount was paid, the amount is not paid and if they return the car then they have used it for 4 weeks and the car is broken. If they rented a car for 4 weeks it would cost them so I'm not returning any money to them in any case.
  • neilmcl
    neilmcl Posts: 19,460 Forumite
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    You do realise that you can't legally hold on to their passport in lieu of payment, all they would need to do is report the passport stolen and you'll be in deep doo doo. Also there's nothing to stop them from applying for a replacement. As collateral goes it's pretty weak.
  • ThumbRemote
    ThumbRemote Posts: 4,622 Forumite
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    Whilst legally the buyer doesn't have a leg to stand on, I can't help seeing things from their point of view too. It's entirely possible they've bought a car, treated it perfectly well and then discover it has a major fault and can't be driven any more.

    Had I been the seller, I would feel some level of responsiblility for the situation, and would probably ask the buyer to get a proper mechanics report saying what the problem is.
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