Being sued over a car I sold :(
Discussion
Hi all,
As the title suggests I've just received a letter from a solicitor stating that the person I sold my 530d for intends on suing me. Oh the joy.
So I'm a private seller and I sold the car on 30th August this year. I received a letter dated 25th September stating that he's identified issues with the car and wants me to buy it back at full sales price. The items were:
1. Faulty electric tailgate - This I ran through with him how to operate it so it works (basically a £3 retaining pin is missing - but he took an 11 year old car to a BMW main dealer and they charged him nearly £750 for a whole new unit - which he paid!)
2. Oil leak - Again during the sale I showed him the MOT certificate (which was done just three days prior!) which stated that there is a small oil leak.
3. Gearbox fault - Never noticed any ill running of the gearbox but he's stating that I should have known!!! that something was wrong with the box and that I wilfully withheld this information;
4. At some point after the sale a warning came up stating excessive pollution, again he is claiming that I knew about this (how would it get through MOT with excessive pollution warning??)
So being the nice guy I am (and as it happens having just sold on the RS6 I bought to replace it) I offered to buy it back but at a lower amount (£3,500 not the £4,000 paid) citing these issues that were previously not known to me.
He refused that offer and also refuted all my claims.
Today I receive a three page letter from a solicitors demanding a payment of nearly £5,000 for the cost of the vehicle and the 'repairs' he's had done to it.
I've had a quote for initial meeting and first letter from a solicitor and it's coming out just shy of £500.
I'm absolutely sure that this guy is determined to take this to court. He's an old retired guy with a rar rar accent and seemingly bugger all else to do save this.
Anyone got thoughts/advice or an idea as to whether it'll get to court and the chances that he'll win (understand you're only seeing my side of things).
As the title suggests I've just received a letter from a solicitor stating that the person I sold my 530d for intends on suing me. Oh the joy.
So I'm a private seller and I sold the car on 30th August this year. I received a letter dated 25th September stating that he's identified issues with the car and wants me to buy it back at full sales price. The items were:
1. Faulty electric tailgate - This I ran through with him how to operate it so it works (basically a £3 retaining pin is missing - but he took an 11 year old car to a BMW main dealer and they charged him nearly £750 for a whole new unit - which he paid!)
2. Oil leak - Again during the sale I showed him the MOT certificate (which was done just three days prior!) which stated that there is a small oil leak.
3. Gearbox fault - Never noticed any ill running of the gearbox but he's stating that I should have known!!! that something was wrong with the box and that I wilfully withheld this information;
4. At some point after the sale a warning came up stating excessive pollution, again he is claiming that I knew about this (how would it get through MOT with excessive pollution warning??)
So being the nice guy I am (and as it happens having just sold on the RS6 I bought to replace it) I offered to buy it back but at a lower amount (£3,500 not the £4,000 paid) citing these issues that were previously not known to me.
He refused that offer and also refuted all my claims.
Today I receive a three page letter from a solicitors demanding a payment of nearly £5,000 for the cost of the vehicle and the 'repairs' he's had done to it.
I've had a quote for initial meeting and first letter from a solicitor and it's coming out just shy of £500.
I'm absolutely sure that this guy is determined to take this to court. He's an old retired guy with a rar rar accent and seemingly bugger all else to do save this.
Anyone got thoughts/advice or an idea as to whether it'll get to court and the chances that he'll win (understand you're only seeing my side of things).
QuattroDave said:
Today I receive a three page letter from a solicitors demanding a payment of nearly £5,000 for the cost of the vehicle and the 'repairs' he's had done to it.
If what you have said is true and there are no pertinent points missed out, *and this is a private sale* then this is utter madness - especially this bit. That said, in your post you've covered most of the obvious bases.
Are these real solicitors? Have you checked them out?
Thanks guys, I agree it's total madness, especially clawing back costs that he's paid after buying the car which in my opinion are non essential and certainly nothing impacting the roadworthyness (tailgate!)
I've passed the details onto my cousin who's a barrister so hopefully she'll craft a suitably legal 'go F yourself' letter.
It truly beggers belief that he would go to the lengths of legal action over this.
As it happened I bought another car shortly after I sold this one and the RS6 from my dad of all people. Two weeks later the clutch goes pop and I'm £1,400 out of pocket. but did I sue my dad, course I bloody didn't. I didn't even ask for a single penny from him, I treated it just like any other private sale, paid out and got on with life.
The solicitors are indeed real but they're based 100+ miles away from where the guy lives so I'm suspecting either family/friend is solicitor.
The only wording I thought was slightly unusual was the twice mentioned phrase 'we suggest you take legal advice' moreso that it was mentioned twice than at all.
I've passed the details onto my cousin who's a barrister so hopefully she'll craft a suitably legal 'go F yourself' letter.
It truly beggers belief that he would go to the lengths of legal action over this.
As it happened I bought another car shortly after I sold this one and the RS6 from my dad of all people. Two weeks later the clutch goes pop and I'm £1,400 out of pocket. but did I sue my dad, course I bloody didn't. I didn't even ask for a single penny from him, I treated it just like any other private sale, paid out and got on with life.
The solicitors are indeed real but they're based 100+ miles away from where the guy lives so I'm suspecting either family/friend is solicitor.
The only wording I thought was slightly unusual was the twice mentioned phrase 'we suggest you take legal advice' moreso that it was mentioned twice than at all.
Agreeing that this is absolutely ridiculous - period, and this is a side step (and am suprised you've not laughed him out of town) did he offer you the opportunity to repair any fault? (even though he was aware of it)
- Because if he was a private person buying from a dealer then as far as I understand he first has to give them the opportunity to put it right.
Very possible his friend is a solicitor so has sent you a scary letter... or possibly not. But either way he's a numpty.
G.
- Because if he was a private person buying from a dealer then as far as I understand he first has to give them the opportunity to put it right.
Very possible his friend is a solicitor so has sent you a scary letter... or possibly not. But either way he's a numpty.
G.
If you're a 'weekend trader' you may have sometign to answer.
If you are a bona fide private seller, you advertised the car accurately and didn't make any false statements of fact to questions when asked by the buyer, I am not sure on what grounds the buyer's solicitor hopes to make a case.
Please please please redact, scan and post the letter. I fancy a laugh!
If you are a bona fide private seller, you advertised the car accurately and didn't make any false statements of fact to questions when asked by the buyer, I am not sure on what grounds the buyer's solicitor hopes to make a case.
Please please please redact, scan and post the letter. I fancy a laugh!
Is this thread a wind up?
I would bin all correspondence from this so called "solicitor" the guy does not have a leg to stand on, providing you have not misrepresented the car.
You may be in a slightly weak position now though, because you offered to buy the car back, just say you have withdrawn your offer.
I would bin all correspondence from this so called "solicitor" the guy does not have a leg to stand on, providing you have not misrepresented the car.
You may be in a slightly weak position now though, because you offered to buy the car back, just say you have withdrawn your offer.
Wacky Racer said:
Is this thread a wind up?
I would bin all correspondence from this so called "solicitor" the guy does not have a leg to stand on, providing you have not misrepresented the car.
You may be in a slightly weak position now though, because you offered to buy the car back, just say you have withdrawn your offer.
The claim is on the grounds of misrepresentation and breach of contract. I would bin all correspondence from this so called "solicitor" the guy does not have a leg to stand on, providing you have not misrepresented the car.
You may be in a slightly weak position now though, because you offered to buy the car back, just say you have withdrawn your offer.
I offered to buy the car back out of goodwill but in the basis that the factory this remain on the car (which he stated he would remove).
The ad didn't mention the boot missing a pin but I did run him though how to work it verbally.
QuattroDave said:
The claim is on the grounds of misrepresentation and breach of contract.
I offered to buy the car back out of goodwill but in the basis that the factory this remain on the car (which he stated he would remove).
The ad didn't mention the boot missing a pin but I did run him though how to work it verbally.
The ad probably didn't list every stone chip either? But as a non-professional it was listed to the best of your knowledge.I offered to buy the car back out of goodwill but in the basis that the factory this remain on the car (which he stated he would remove).
The ad didn't mention the boot missing a pin but I did run him though how to work it verbally.
G.
QuattroDave said:
The claim is on the grounds of misrepresentation and breach of contract.
Dave:-You have not "misrepresented" anything, and...what contract?...Have you signed anything?
Seriously, get on with your life and this will blow over in a week or so.
Ignore the solicitors letters, you are quite within your rights to, but certainly do NOT ignore any letters from court.
Even if it went to court the judge almost certainly would throw it out.
If you were a trader it MIGHT be a different matter.
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