Being sued over a car I sold :(

Being sued over a car I sold :(

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Discussion

Granfondo

12,241 posts

207 months

Saturday 14th November 2015
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0000 said:
Granfondo said:
OP, if the tailgate only required a £3 pin to fix the electric tailgate why did you not fix it before sale?
I wish I lived a life where my todo list was cleared down by the end of every day. For some reason I have to prioritise, I blame PH.
I take it then thst you are the type that advertises their car with "aircon just needs gas" wink

0000

13,812 posts

192 months

Saturday 14th November 2015
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Nah... I'm the type that always part ex's so they don't have to advertise. hehe

eldar

21,872 posts

197 months

Saturday 14th November 2015
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Granfondo said:
I take it then thst you are the type that advertises their car with "aircon just needs gas" wink
Would you even mention it? wink

bad company

18,737 posts

267 months

Saturday 14th November 2015
quotequote all
Zod said:
bad company said:
Simon Burn Solicitors are listed in the Legal 500, so not monkeys.

I still reckon they are bluffing tho.
There are plenty of monkeys in the Legal 500. I'm listed as a Leading Individual. That should tell you all you need to know!
laugh

I also see from their website that they offer 'no win no fee' in some cases. Bet that doesn't include this one.

catman

2,490 posts

176 months

Saturday 14th November 2015
quotequote all
My main problem with the idea that he constructed the letter himself is this; If you replied, it would be to the Solicitor, who would quickly realise what had happened.

Not only would he be in a lot of trouble with them, even if he was a good client, but there could possibly be a case for criminal misrepresentation.

Tim

Edited for speeling!

Edited by catman on Saturday 14th November 19:13

ORD

18,120 posts

128 months

Saturday 14th November 2015
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Everyone who thinks that the solicitors will be making a pretty penny on this are sadly mistaken. It's a small claim. They will be paid next to bugger all! There's no money in representing small timers in tiny claims.

Nickyboy

6,700 posts

235 months

Saturday 14th November 2015
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I'm intrigued to know what they've written the names of a salvage parts company on the paperwork for the tailgate parts.

Fastdruid

8,683 posts

153 months

Saturday 14th November 2015
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Man buys 11 year old BMW automatic diesel with 150k and then has issues with gearbox and DPF non-shock.

As for the boot, unless you are a mechanic why would you know it needed a new strut and not just the £4 pin? (even then why would you spend >£500 on a strut from BMW for an 11 year old car when you can get a set from ebay for ~£20! assuming of course it's an E39)

Good luck OP, it does sound like the buyer is one of those.

Cyberprog

2,203 posts

184 months

Saturday 14th November 2015
quotequote all
Fastdruid said:
Man buys 11 year old BMW automatic diesel with 150k and then has issues with gearbox and DPF non-shock.

As for the boot, unless you are a mechanic why would you know it needed a new strut and not just the £4 pin? (even then why would you spend >£500 on a strut from BMW for an 11 year old car when you can get a set from ebay for ~£20! assuming of course it's an E39)

Good luck OP, it does sound like the buyer is one of those.
I think the OP explained what it needed at the time of purchase.

johnfm

13,668 posts

251 months

Saturday 14th November 2015
quotequote all
Dear Vexatious Litigant

I write to acknowledge your letter dated [•].

In order for me to fully consider the merits of your complaint I require you to particularise your claim.

For convenience, you might consider forwarding your draft particulars of claim so that I can piss myself laughing at your ineptitude consider and respond to each of your claims in detail.

Yours sincerely

Private Seller

p.s. May I refer you to the reply given in Arkell -v- Pressdram

p.p.s. May I refer you to the state of my 'bovvered bag'; it is empty.

Drive Blind

5,113 posts

178 months

Saturday 14th November 2015
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is this what selling a car privately has turned into?

A 10 year old car @ 150K miles. The new buyer goes to BMW for parts and gets all the fault codes read at an indie. They then expect the previous owner to cough up for all the work needing done to bring it back to perfection?

and he's claiming for a touch up stick! and a service?

what a joke. Hope you win OP.


Jasandjules

70,012 posts

230 months

Saturday 14th November 2015
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In your shoes I would be minded to have a bit of fun with them (I assume that letter was written by a trainee at best).

I would ask them to set out in detail each and every misrepresentation they seek to rely upon......... I would also tell them that without accurate information plainly you can not reply and accordingly you do not believe that their letter of whatever date it was does not comply with the CPR Pre-Action Protocol....

See what they come back with.


anonymous-user

55 months

Saturday 14th November 2015
quotequote all
Drive Blind said:
is this what selling a car privately has turned into?

A 10 year old car @ 150K miles. The new buyer goes to BMW for parts and gets all the fault codes read at an indie. They then expect the previous owner to cough up for all the work needing done to bring it back to perfection?

and he's claiming for a touch up stick! and a service?

what a joke. Hope you win OP.
Where there's perceived blame, there's a claim.

I truly hope this costs the buyer a fortune in legal costs. What a tt.

Fastdruid

8,683 posts

153 months

Saturday 14th November 2015
quotequote all
Cyberprog said:
Fastdruid said:
Man buys 11 year old BMW automatic diesel with 150k and then has issues with gearbox and DPF non-shock.

As for the boot, unless you are a mechanic why would you know it needed a new strut and not just the £4 pin? (even then why would you spend >£500 on a strut from BMW for an 11 year old car when you can get a set from ebay for ~£20! assuming of course it's an E39)

Good luck OP, it does sound like the buyer is one of those.
I think the OP explained what it needed at the time of purchase.
I meant that if the OP showed the fault and explained that probably needed a new pin and when the new owner took it to a garage they said "nah it needs a new strut, that'll be £600" that still doesn't make it misrepresentation if the OP isn't a mechanic.

I missed however that was an estimate rather than what the new owner paid...

Vaud

50,782 posts

156 months

Saturday 14th November 2015
quotequote all
Fastdruid said:
I missed however that was an estimate rather than what the new owner paid...
Where the buyer lives with the fault and pockets the money...? #cynical

blueg33

36,245 posts

225 months

Saturday 14th November 2015
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About to advertise the Evora. Will be careful with the ad

Funkycoldribena

7,379 posts

155 months

Sunday 15th November 2015
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blueg33 said:
About to advertise the Evora. Will be careful with the ad
For Sale
Evora
Tel:xxx xxxxxx



SirBlade

544 posts

193 months

Sunday 15th November 2015
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QuattroDave said:
So I'm a private seller and I sold the car on 30th August this year.


So being the nice guy I am (and as it happens having just sold on the RS6 I bought to replace it)
You sold a 530D, bought an RS6, which you then sold 2 months later?

pinchmeimdreamin

9,992 posts

219 months

Sunday 15th November 2015
quotequote all
SirBlade said:
You sold a 530D, bought an RS6, which you then sold 2 months later?
If you read the thread that point has already been answered, The OP didn't get on with the Audi.

QuattroDave

Original Poster:

1,479 posts

129 months

Sunday 15th November 2015
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SirBlade said:
You sold a 530D, bought an RS6, which you then sold 2 months later?
Do you have a problem with that? Do I have to graduate in small increments until I reach a car such as an RS6? Am I not worthy in your eyes of such a car?

I'll tell you exactly why I went from one to the other then.

Three family members have developed cancer in the last year, two of them have died, both within 2 months of being diagnosed, all of them are under 52. It's been an f'ing horrible year and my wife and I decided that you never know when your times up so I got a big loan out and bought the car I thought I always wanted. As it turned out it wasn't quite the car I had dreamed of and I didn't feel it was worth the loan I had to take to get it so I sold it on.

As 'luck' would have it just as I decided to sell the RS6 so the letter arrived insisting I bought the 530d back. As I genuinely enjoyed the 530d I thought what the hell, I'll make him an offer back but as he's claiming issues that genuinely weren't present when I sold it I offered a lower amount back and now here I am being sued for trying to be helpful.