Interesting Thread on a Private Used Car Sale

Interesting Thread on a Private Used Car Sale

Author
Discussion

standardman

Original Poster:

424 posts

167 months

Friday 21st August 2015
quotequote all
http://forums.moneysavingexpert.com/showthread.php...

Interesting bit was he sold a car described all the faults then the buyer sued and won for the cost of fixing one of the faults.

photosnob

1,339 posts

117 months

Friday 21st August 2015
quotequote all
The judge was wrong. He/she should appeal.

R8Steve

4,150 posts

174 months

Friday 21st August 2015
quotequote all
Oh dear. Floodgates opened wide.

standardman

Original Poster:

424 posts

167 months

Friday 21st August 2015
quotequote all
A Judgement brought to you be WeBuyAnyCar ?

Vaud

50,290 posts

154 months

Friday 21st August 2015
quotequote all
R8Steve said:
Oh dear. Floodgates opened wide.
Nope, County Court judgements do not set precedent.

R8Steve

4,150 posts

174 months

Friday 21st August 2015
quotequote all
Vaud said:
R8Steve said:
Oh dear. Floodgates opened wide.
Nope, County Court judgements do not set precedent.
To the general pubic a win under such circumstances does though.

aw51 121565

4,771 posts

232 months

Friday 21st August 2015
quotequote all
It'll certainly open the floodgates on this thread, and about buying cars privately etc generally on PH...

Oh, errm, D'oh! getmecoat

hehe

anonymous-user

53 months

Friday 21st August 2015
quotequote all
Of course, we're assuming that what the OP says in the other thread is the truth, the whole truth and nothing but, aren't we?

Maybe more to it than we know.

JustinP1

13,330 posts

229 months

Friday 21st August 2015
quotequote all
From what I see, it was advertised as 'drives well' but was shagged.

We don't know more than that though, and/or they got a Deputy District Judge on a bad day. For example, they awarded the Claimant the claim filing fee but not the hearing fee.

PAULJ5555

3,554 posts

175 months

Tuesday 25th August 2015
quotequote all
There was another on that Judge Rinder program where the buyer got his money back from a private sale.

Vaud

50,290 posts

154 months

Tuesday 25th August 2015
quotequote all
PAULJ5555 said:
There was another on that Judge Rinder program where the buyer got his money back from a private sale.
Seriously - a reality TV show as a reference?

I thought it was a mock up of a county court.

court

1,485 posts

215 months

Tuesday 25th August 2015
quotequote all
Vaud said:
PAULJ5555 said:
There was another on that Judge Rinder program where the buyer got his money back from a private sale.
Seriously - a reality TV show as a reference?

I thought it was a mock up of a county court.
Oh dear, is this how low we've got? Rinder is 'arbitration' - hilarious arbitration!

SuperHangOn

3,486 posts

152 months

Wednesday 26th August 2015
quotequote all
JustinP1 said:
From what I see, it was advertised as 'drives well' but was shagged.
.
As are most sheds. If you dont know what you're doing or can't take the risk, stump up for a car with a warranty at a dealership.

The worrying thing is that these cases will become common knowledge and genuine people will be frightened away from selling privately. It's happening anyway. frown

Ste1987

1,798 posts

105 months

Wednesday 26th August 2015
quotequote all
SuperHangOn said:
JustinP1 said:
From what I see, it was advertised as 'drives well' but was shagged.
.
As are most sheds. If you dont know what you're doing or can't take the risk, stump up for a car with a warranty at a dealership.

The worrying thing is that these cases will become common knowledge and genuine people will be frightened away from selling privately. It's happening anyway. frown
Then, in a few years, we'll get threads on here asking where all the cheap cars are!

fido

16,752 posts

254 months

Wednesday 26th August 2015
quotequote all
Presumably if the seller had not put "drives well" in the description then the buyer would not have been successful in the claim. I don't see an issue here. If the car was not as described - and obviously this would have to be tested legally - then why shouldn't the seller bear some risk?

Sheepshanks

32,531 posts

118 months

Wednesday 26th August 2015
quotequote all
There was also the issue that there was no evidence the buyer had had the work done - and they'd sold the car (for only £200 less than they paid for it).

Not to mention missing various court deadlines.

SuperHangOn

3,486 posts

152 months

Wednesday 26th August 2015
quotequote all
fido said:
Presumably if the seller had not put "drives well" in the description then the buyer would not have been successful in the claim. I don't see an issue here. If the car was not as described - and obviously this would have to be tested legally - then why shouldn't the seller bear some risk?
Because private sales / cheap cars cannot work if there is a comeback. It would become a farce and nobody would dare bother.

"drives well" is entirely subjective in the context of a 12 year old car anyway.

Aretnap

1,643 posts

150 months

Wednesday 26th August 2015
quotequote all
SuperHangOn said:
"drives well" is entirely subjective in the context of a 12 year old car anyway.
Better not to put it in the advert then. Stick to objective facts which you know are true. If you start putting in subjective things like "excellent condition" or "very reliable" there is a risk (not a big risk, but a risk) that they could come back to bite you if they turn out not to be true, or if someone else's interpretation of what they mean is not the same as yours.

Retroman

961 posts

132 months

Wednesday 26th August 2015
quotequote all
fido said:
Presumably if the seller had not put "drives well" in the description then the buyer would not have been successful in the claim. I don't see an issue here. If the car was not as described - and obviously this would have to be tested legally - then why shouldn't the seller bear some risk?
If you read the whole thread you'd have seen numerous problems with it all, but not from the sellers side.
Buyer was aware of the issues putting it into reverse as they were dicussed on the test drive.
Buyer bought the car aware of this issue
Buyer then changed mind after got home with car.
Put in small claims. Missed the deadline to pay for the claim, but claim went ahead anyway
Before judgement the judge said to get an independent report done on the vehicle condition - not possible as the buyer had sold the car and claimed made a loss.
Judges ruling was to reflect that loss they incurred despite no evidence.

skodaphile

152 posts

156 months

Wednesday 26th August 2015
quotequote all
R8Steve said:
To the general pubic a win under such circumstances does though.
laugh your average short & curly?