Sold a Car that has broken down HELP ASAP

Sold a Car that has broken down HELP ASAP

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Discussion

jeff666

2,323 posts

192 months

Monday 31st August 2015
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DanielJames said:
They were in the car before I got it, but I don't get where you're going with this.

This is a sports car after all. You'd expect that it's had its neck run once in a while. It's not like I bought it, thrashed the fk out of it and sold it on. I did all the proper maintenance to the car before even thinking of pushing it.
Hey Fella, just mentioned it as it was the one thing that jumped out in the advert, not a pad you would normally fit for road use.

I agree they last for ages so down to a previous owner I guess.

I have done thousands of miles on track in my car, like you kept the maintenance up on it and no problems so far.

Your buyer was just unlucky, hope it gets resolved for ya.


Roo

11,503 posts

208 months

Monday 31st August 2015
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I've got yellow stuff pads in my car because they're considerably better than the crap that was fitted at the factory. Albeit noisier and giving off more dust.

You can count on the fingers of one hand the amount of times my car has been over 100mph.

johnfm

13,668 posts

251 months

Monday 31st August 2015
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Variomatic said:
DanielJames said:
They were in the car before I got it, but I don't get where you're going with this.
I think where they're going are the same places that the buyer might go if he does try a court claim. Regardless of the facts (on which I don't personally doubt you btw), that's probably a more productive use of the thread than repeat posts saying "he hasn't got a leg to stand on, caveat emptor, flip him off" wink
As said umpteen pages ago, the only point in corresponding with the buyer is to suggest that he particularises the claims he is making. His email is more vague than the steering on my 850...

davepoth

29,395 posts

200 months

Tuesday 1st September 2015
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DanielJames said:
They were in the car before I got it, but I don't get where you're going with this.

This is a sports car after all. You'd expect that it's had its neck run once in a while. It's not like I bought it, thrashed the fk out of it and sold it on. I did all the proper maintenance to the car before even thinking of pushing it.
Devil's advocate is all, I would guess.

I looked at the ad and I don't think there's anything there that's a false representation. As BV72 inferred regarding communications with the buyer, keep it civil, keep it short, and don't start quoting law - if you want to avoid getting into a court, don't make it sound like you're Rumpole of the Bailey's talentless cousin.

With these feet

5,728 posts

216 months

Tuesday 1st September 2015
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Oddly enough I was chatting to a mate of mine last week (ex Honda tech also) about oil consumption where he brought up the issues with the S2000 and engine failures.
Honda were getting failures before the first service down to owners not checking levels between services. Initially they were replacing engines but later they were refusing warranty claims stating the owners were not following service guidelines which were given to them by the course-trained salesperson. In some cases the sales had not been on the course and not known of the characteristics of the engine..

I spent all day banging round Brands in my CRX with the oil on full and still knocked out the big ends. Not a big job in itself and for me was only the cost of the shells

In the OP's defence, its nigh on impossible to mask a damaged bearing.
But the fresh oil could also be seen as a last ditch attempt to silence any rumble that could have been evident on a cold start up.

Part of me thinks it does sound a bit of a scam, but Ive been caught out on 2nd hand purchases - in my case the guy honestly didnt realise the car was not right and we worked out a solution. Mine was a little more obvious than the OP's problem as it didnt match the advert.





superlightr

12,856 posts

264 months

Tuesday 1st September 2015
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DanielJames said:
I could prove the car was in Munich as we parked in the hotel car park and have the reg. Also have the ferry crossing information that proves it went overseas.

I don't see that I could be said to be a dealer. I have all time job but have had a few cars this year out of a hobby more than anything. Never to make any profit.

This is the advert that he is claiming misrepresentation from:
http://www.pistonheads.com/classifieds/used-cars/h...
When would someone be deemed to be acting as a 'trader'? whats a few cars? 6 more less?


NiceCupOfTea

25,295 posts

252 months

Tuesday 1st September 2015
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I'd be interested to hear the outcome to this. It would seem that the O/P holds all the cards, but I too was shocked by that apparent miscarriage of justice on MSE the other day.

When I bought my TVR I got it home and the following day the clutch went to the floor and I lost all the gears. The seller had mentioned something about "needing to top up the clutch fluid" but that it had been fine since. I found it hard to believe that he didn't know as it was leaking pretty badly and even after being topped up it was only lasting a few miles of town driving. It made me cross as I drove 200 miles home in torrential rain (fortunately mostly motorway so very little gear changing) and could have let me down easily.

But, do you know what? It was a private sale. So I sucked it up and fixed it myself.

PAULJ5555

3,554 posts

177 months

Tuesday 1st September 2015
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You said that "they" checked it over. So he could have brought a mechanic with him or left a deposit and returned with one. he knew he was buying a performance car and has failed to do any proper checks other than bring along a mate.

Anyway that's all this problem as it sounds like you didn't try to mislead him.

SarGara

365 posts

177 months

Tuesday 1st September 2015
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As the buyer purchased the car via PH classifieds is there potential he will spot this thread and post his side of the story? Could get interesting smile

liner33

10,699 posts

203 months

Tuesday 1st September 2015
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OP you sound like a genuine guy, best of luck with the situation


DanielJames

Original Poster:

7,543 posts

169 months

Tuesday 1st September 2015
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SarGara said:
As the buyer purchased the car via PH classifieds is there potential he will spot this thread and post his side of the story? Could get interesting smile
How do you know he bought it via the classifieds? It was up on 4 or 5 different sites.

The buyer seemed like a nice guy as I have said, up until the point that email was sent...

DanielJames

Original Poster:

7,543 posts

169 months

Tuesday 1st September 2015
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liner33 said:
OP you sound like a genuine guy, best of luck with the situation
Thanks pal.

Haven't heard anything yet, will update when I do.

Also haven't responded to 'the email'.

akirk

5,395 posts

115 months

Tuesday 1st September 2015
quotequote all
superlightr said:
DanielJames said:
I could prove the car was in Munich as we parked in the hotel car park and have the reg. Also have the ferry crossing information that proves it went overseas.

I don't see that I could be said to be a dealer. I have all time job but have had a few cars this year out of a hobby more than anything. Never to make any profit.

This is the advert that he is claiming misrepresentation from:
http://www.pistonheads.com/classifieds/used-cars/h...
When would someone be deemed to be acting as a 'trader'? whats a few cars? 6 more less?
According to HMRC it is intent to trade (i.e. buying to sell at a profit) - which they could demonstrate with one sale, or not be able to demonstrate with 10...
the comment ref. 6ish sales is that it starts to become an indicator that you might be trading...

some examples:
- a friend of yours is emigrating, they offer you their car at £3,000 instead of its market value of £6,000 - you accept and buy it thinking that you can flip it on ebay / autotrader and make a profit - you have bought with the intent to trade / profit = trader.
- you decide to run a charity challenge whereby you buy a car from a new decade each month - lots of PR, and driving around the country raising money, sponsored by mile etc. - you buy and sell 12 cars in a year - not a trader as you are not buying and selling to make a profit...

buying a car for a specific continental journey and selling afterwards it is clear he is not a trader as the purpose of purchase was the trip, not any profit...

DanielJames

Original Poster:

7,543 posts

169 months

Tuesday 1st September 2015
quotequote all
I've had a few cars this year for sure, but I have never bought a car with the intent on making money from it.

It's mostly because I like cars, and get bored at work...

Most of them were bought/sold from Pistonheads, if that gets me any grace? biggrin

anonymous-user

55 months

Tuesday 1st September 2015
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But you did buy this car for under 5k and sold it a month later for 6k, even with oil changes etc you would have made some money.

Joeguard1990

1,181 posts

127 months

Tuesday 1st September 2015
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The Spruce goose said:
But you did buy this car for under 5k and sold it a month later for 6k, even with oil changes etc you would have made some money.
That doesn't mean he is a trader does it, he drove the car to Munich and did 3K in it for Christ Sake...

catman

2,490 posts

176 months

Tuesday 1st September 2015
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My Son has made a profit on every car he's ever had, but it doesn't make him a Dealer. He's just good at negotiating.

Tim

anonymous-user

55 months

Tuesday 1st September 2015
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Joeguard1990 said:
That doesn't mean he is a trader does it, he drove the car to Munich and did 3K in it for Christ Sake...
If you read the quoted post properly , i never implied he was a trader he just siad he never intents to make a profit, for which he did on this car, that was it, don't make out it is any more than that.

dannyDC2

Original Poster:

7,543 posts

169 months

Tuesday 1st September 2015
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What's your point Spruce Goose?


jeff666

2,323 posts

192 months

Tuesday 1st September 2015
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dannyDC2 said:
What's your point Spruce Goose?
I guess he is saying "IF" you are classed as a trader the buyer will have rights.

By the way, did you tell the buyer the car had been recently tracked before he bought it ?