Oh FFS! Buyer of my car issued court summons!
Discussion
Chaps, I know this has been covered hundreds of times... but I feel the need to rant a little.
Sold my car a couple of months ago. I'm not a trader, it was a private sale- it was actually my wifes car (V5 in her name etc).
She's been seriously ill, and as a result, we no longer need two cars.
Advertised it for ages at what appeared to be market value, and ended up selling it to a chap that had seen it, previously on eBay. IIRC similar cars with dealers were around 10k, I had it advertised at £8995, reduced it, reduced it, reduced it. I think when he actually looked at it, it was down to £6795.
Anyway, he comes down, has a good look round it, can't prove insurance so I take him for a drive. He's quite happy. Comes back a couple of hours later, bids me in the goolies, and leaves a deposit, balance to be paid the following week.
I meet up with him, he pays me by bank transfer, which doesn't show up. He drives me to the bank and I'm satisfied its in the system, so let him take the car. Money showed up the next day. at this point he's driven home via motorway etc, the relevance will be apparent in a minute.
I hear nothing more, other than a couple of 'really pleased with the car' type calls / texts.
A week later, he takes it to an Audi 'specialist'..... who finds £2500 of work that 'needs to be done'.
The chap then plagues me with calls, texts and registered letters demanding money. Doesn't ever mention returning the car.
I honestly knew nothing about any of these problems (low brake pads, warped disks, spare tyre down to 3mm 'so needs to be replaced as its not safe'!) FFS, it was only MOT'd a month earlier! He's even phoned the garage that serviced it demanding information!
Anyway, this morning I've received a summons. I described the car as excellent condition, which it was. I made no reference to any of the parts he claims are faulty, wasn't aware of them, he had every opportunity to inspect or arrange an inspection.
The chap evidently doesn't understand caveat emptor. I in no way misdescribed it, and had no knowledge of the bits he says are faulty. he's been driving it quite happily for a week!
Rant over- I shall respond to the summons in a more succinct manner!
Sold my car a couple of months ago. I'm not a trader, it was a private sale- it was actually my wifes car (V5 in her name etc).
She's been seriously ill, and as a result, we no longer need two cars.
Advertised it for ages at what appeared to be market value, and ended up selling it to a chap that had seen it, previously on eBay. IIRC similar cars with dealers were around 10k, I had it advertised at £8995, reduced it, reduced it, reduced it. I think when he actually looked at it, it was down to £6795.
Anyway, he comes down, has a good look round it, can't prove insurance so I take him for a drive. He's quite happy. Comes back a couple of hours later, bids me in the goolies, and leaves a deposit, balance to be paid the following week.
I meet up with him, he pays me by bank transfer, which doesn't show up. He drives me to the bank and I'm satisfied its in the system, so let him take the car. Money showed up the next day. at this point he's driven home via motorway etc, the relevance will be apparent in a minute.
I hear nothing more, other than a couple of 'really pleased with the car' type calls / texts.
A week later, he takes it to an Audi 'specialist'..... who finds £2500 of work that 'needs to be done'.
The chap then plagues me with calls, texts and registered letters demanding money. Doesn't ever mention returning the car.
I honestly knew nothing about any of these problems (low brake pads, warped disks, spare tyre down to 3mm 'so needs to be replaced as its not safe'!) FFS, it was only MOT'd a month earlier! He's even phoned the garage that serviced it demanding information!
Anyway, this morning I've received a summons. I described the car as excellent condition, which it was. I made no reference to any of the parts he claims are faulty, wasn't aware of them, he had every opportunity to inspect or arrange an inspection.
The chap evidently doesn't understand caveat emptor. I in no way misdescribed it, and had no knowledge of the bits he says are faulty. he's been driving it quite happily for a week!
Rant over- I shall respond to the summons in a more succinct manner!
What a pratt! Wants a bargain but wants main dealer service! It sounds as if he is on a hiding to nothing - spare tyre on 3mm What a tool!
Unless you lied in the ad or misrepresented you are fine IMHO. I would be nervous about getting a summons though - if you consult a lawyer/take time off work would he have to pay your expenses? Might be rather amusing to do so! Make sure you write down now a bullet list of everything that happened, with copies of texts/emails/original ad.
Unless you lied in the ad or misrepresented you are fine IMHO. I would be nervous about getting a summons though - if you consult a lawyer/take time off work would he have to pay your expenses? Might be rather amusing to do so! Make sure you write down now a bullet list of everything that happened, with copies of texts/emails/original ad.
My response...
Mr XXXXXX inspected the car drove the car and was satisfied with the vehicle as described and only after he had satisfied himself did he pay me for the vehicle.
Mr XXXXXX used the vehicle daily for seven days, with no mention of any problems until they were highlighted to him by an Audi 'specialist'.
Mr XXXXX could have had an inspection prior to purchase however he was happy to verify the cars condition himself.
I feel this claim is a frivolous attempt to obtain money.
Mr XXXXXX inspected the car drove the car and was satisfied with the vehicle as described and only after he had satisfied himself did he pay me for the vehicle.
Mr XXXXXX used the vehicle daily for seven days, with no mention of any problems until they were highlighted to him by an Audi 'specialist'.
Mr XXXXX could have had an inspection prior to purchase however he was happy to verify the cars condition himself.
I feel this claim is a frivolous attempt to obtain money.
What a bell end, can't see him getting anywhere, things like brake pads are a consumable item that are expected to be replaced during the lifetime of a car, unless you specifically put in the add 'just had new brake pads' can't see it being a problem for you. As for the spare tyre only having 3mm of thread and not being safe, the legal limit is 1.6mm, and if he didn't bother to check the tyre when he looked at the car, again it's not your problem.
What other faults has he dreamt up? Pads, discs and a tyre certainly aren't going to amount to £2500.
What other faults has he dreamt up? Pads, discs and a tyre certainly aren't going to amount to £2500.
Front parking sensor failed (although it had always been fine, and worked when HE drove ME to the bank!).
Broken flap on the inlet manifold, apparently.
He also treated himself to a new set of tyres, brake disks and pads.
In essence, he wanted the car to the standard of his outgoing car (61 plate X5 that he had to sell back to dealer).
Bearing in mind the car we sold him was 9 years old and had covered 115,000 miles....
Thanks for the replies, chaps, I know he doesn't have a leg to stand on (not even sure he could rely on the description on the ebay advert as the deal was done after the auction had ended, unsold, ie not through ebay).
Its just a pain in the arse. you lot are making me smile though
Broken flap on the inlet manifold, apparently.
He also treated himself to a new set of tyres, brake disks and pads.
In essence, he wanted the car to the standard of his outgoing car (61 plate X5 that he had to sell back to dealer).
Bearing in mind the car we sold him was 9 years old and had covered 115,000 miles....
Thanks for the replies, chaps, I know he doesn't have a leg to stand on (not even sure he could rely on the description on the ebay advert as the deal was done after the auction had ended, unsold, ie not through ebay).
Its just a pain in the arse. you lot are making me smile though
IANAL But I'm guessing it's small claims court? In which case he's filled in the form himself and is chancing it. Either go to court make your case and (probably) win which will cost you a day off less expenses you can claim or go to a solicitor and get them to write to him telling him to F off and explaining quite how badly he will lose.
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