Private Car Sale - Legal advice please???
Discussion
Hi, I started a thread in general gassing and have been advised to start one in here.
I recently sold a car privately. The car was working perfectly well and I'd recently been on a family holiday in it with no problems.
Anyway, the buyers are asking for a refund because they say the car is faulty.
I was contacted by the buyer a few days after the sale. She said that she had the vehicle inspected by a mechanic friend and it has a number of faults! One being the DPF and Engine had been removed recently and it is unsafe to drive????!!!!! Another being that the car cuts out when it hits 3000revs. (this never happened whilst I drove it)
I know nothing about cars and I told her that none of this was done whilst I owned the vehicle, and I didn't know of any faults with the car. Like i said, I went on holiday with my wife & kids in the car and experienced no problems.
She also said that there are bolts missing and loose pipes under the bonnet which can be clearly seen????, I politely pointed out to her that when she and her husband came to look at the car, they looked under the bonnet at the engine, under the car and took it for a test drive and were more than happy with it at the time.
I received a letter from her with some photos of the engine and a list of faults.
I've never been in a situation like this before and its giving me sleepless nights with worry.
Since then I have received a letter from the Small Claims Court.
The claim is as follows:
I purchased a car off the defendant after being told it had been looked at by a mechanic and was sound but within 2 hours of driving away an engine fault presented itself.
After investigation by a professional mechanic, we found the vehicle to have several faults and the DPF filter had been removed making the car an mot failure.
None of which had been declared before the sale. We notified the defendant by phone on the same day about the fault & have since written to him for a resolution but have had no response. We feel the car is not fit for purpose.
That's it.
For all I know they could've damaged the engine if they changed their minds about the car????
Do they have a case against me as it was a private sale??
Any help and advice much appreciated.
Thanks
I recently sold a car privately. The car was working perfectly well and I'd recently been on a family holiday in it with no problems.
Anyway, the buyers are asking for a refund because they say the car is faulty.
I was contacted by the buyer a few days after the sale. She said that she had the vehicle inspected by a mechanic friend and it has a number of faults! One being the DPF and Engine had been removed recently and it is unsafe to drive????!!!!! Another being that the car cuts out when it hits 3000revs. (this never happened whilst I drove it)
I know nothing about cars and I told her that none of this was done whilst I owned the vehicle, and I didn't know of any faults with the car. Like i said, I went on holiday with my wife & kids in the car and experienced no problems.
She also said that there are bolts missing and loose pipes under the bonnet which can be clearly seen????, I politely pointed out to her that when she and her husband came to look at the car, they looked under the bonnet at the engine, under the car and took it for a test drive and were more than happy with it at the time.
I received a letter from her with some photos of the engine and a list of faults.
I've never been in a situation like this before and its giving me sleepless nights with worry.
Since then I have received a letter from the Small Claims Court.
The claim is as follows:
I purchased a car off the defendant after being told it had been looked at by a mechanic and was sound but within 2 hours of driving away an engine fault presented itself.
After investigation by a professional mechanic, we found the vehicle to have several faults and the DPF filter had been removed making the car an mot failure.
None of which had been declared before the sale. We notified the defendant by phone on the same day about the fault & have since written to him for a resolution but have had no response. We feel the car is not fit for purpose.
That's it.
For all I know they could've damaged the engine if they changed their minds about the car????
Do they have a case against me as it was a private sale??
Any help and advice much appreciated.
Thanks
philario said:
Since then I have received a letter from the Small Claims Court.
Seriously? They've not just mocked one up...? That's a new twist to the usual buyer's remorse/post-sale discount attempt.Can you scan, anonymise and post it?
philario said:
Do they have a case against me as it was a private sale??
Short answer: Nope.Long answer: So long as you didn't misrepresent it, and you're a genuine private seller not a trader pretending not to be, then... Nope.
Caveat emptor.
That means let the buyer beware.
That is the rule in a private sale. Unless you have misrepresented the car, which does not seem to be the claim then there's no cause of action.
I would suggest that the simplest thing to do is simply to defend the claim and let the claim go to a hearing. You turn up, they'll turn up and you'll win, and get your petrol covered.
Alternatively you could apply to have the claim struck out on the basis that there is no chance for it to succeed as it is incorrect in law.
That means let the buyer beware.
That is the rule in a private sale. Unless you have misrepresented the car, which does not seem to be the claim then there's no cause of action.
I would suggest that the simplest thing to do is simply to defend the claim and let the claim go to a hearing. You turn up, they'll turn up and you'll win, and get your petrol covered.
Alternatively you could apply to have the claim struck out on the basis that there is no chance for it to succeed as it is incorrect in law.
TooMany2cvs said:
Short answer: Nope.
Long answer: So long as you didn't misrepresent it, and you're a genuine private seller not a trader pretending not to be, then... Nope.
The claim in the letter from the courts is this:Long answer: So long as you didn't misrepresent it, and you're a genuine private seller not a trader pretending not to be, then... Nope.
I purchased a car off the defendant after being told it had been looked at by a mechanic and was sound but within 2 hours of driving away an engine fault presented itself.
After investigation by a professional mechanic, we found the vehicle to have several faults and the DPF filter had been removed making the car an mot failure.
None of which had been declared before the sale. We notified the defendant by phone on the same day about the fault & have since written to him for a resolution but have had no response. We feel the car is not fit for purpose.
My original post has now been moved into this section by the moderator.
http://www.pistonheads.com/gassing/topic.asp?h=0&a...
Not sure whether that link will work.
Thanks in advance for all your help.
http://www.pistonheads.com/gassing/topic.asp?h=0&a...
Not sure whether that link will work.
Thanks in advance for all your help.
philario said:
My original post has now been moved into this section by the moderator.
http://www.pistonheads.com/gassing/topic.asp?h=0&a...
Not sure whether that link will work.
Thanks in advance for all your help.
It does, stick with the original thread OP, cross posting is a bit frowned upon in here. Oh. and from what I can see you have had some good advice, tell them to bugger off.http://www.pistonheads.com/gassing/topic.asp?h=0&a...
Not sure whether that link will work.
Thanks in advance for all your help.
philario said:
marshalla said:
How, *exactly*, is this letter headed and worded ?
I smell fakery.
It is worded exactly as I have put in postI smell fakery.
Which court is given as the address to respond to ? Which person/dept. in that court ?
Edited by marshalla on Monday 13th October 19:04
philario said:
JustinP1 said:
What's the value of the claim, £3800?
Value of claim is £3985. Extra £185 for court costs it says.They've wasted £185 which is sad for them.
How this plays out is when you file a Defence, the case is moved to your home court. Then, they'll be asked to pay a hearing fee otherwise it'll be thrown out.
They'll probably realise that it's a waste of time at that point. This point will be in about 3 months time.
marshalla said:
No - that's the claim. What does the letterhead on the accompanying letter look like ? How is the accompanying letter worded ?
Which court is given as the address to respond to ? Which person/dept. in that court ?
(and if that's really the wording of the claim it's a bad one and probably won't go anywhere since it doesn't mention the amount being claimed)
Oh I see, very sorry, this is all new to me.Which court is given as the address to respond to ? Which person/dept. in that court ?
(and if that's really the wording of the claim it's a bad one and probably won't go anywhere since it doesn't mention the amount being claimed)
I will have a look when I get home (at work until 9) and I'll let you know.
Thanks
JustinP1 said:
So they've fired off a claim via Money Claim Online it looks like.
They've wasted £185 which is sad for them.
How this plays out is when you file a Defence, the case is moved to your home court. Then, they'll be asked to pay a hearing fee otherwise it'll be thrown out.
They'll probably realise that it's a waste of time at that point. This point will be in about 3 months time.
Money Claim Online it is yes.They've wasted £185 which is sad for them.
How this plays out is when you file a Defence, the case is moved to your home court. Then, they'll be asked to pay a hearing fee otherwise it'll be thrown out.
They'll probably realise that it's a waste of time at that point. This point will be in about 3 months time.
I've just got to respond with a defense now then, and the ball is back in their court (excuse the pun)
philario said:
Oh I see, very sorry, this is all new to me.
I will have a look when I get home (at work until 9) and I'll let you know.
Thanks
When did you receive this claim? Have you filed your acknowledgement of service?I will have a look when I get home (at work until 9) and I'll let you know.
Thanks
From what you say you made no such assertion about any mechanic inspection. Do you have the wording of the sale advert as well?
It may be prudent to write to them now and advise them if they don't withdraw the claim you will make an application to strike it out before allocation and will seek your costs.
philario said:
JustinP1 said:
So they've fired off a claim via Money Claim Online it looks like.
They've wasted £185 which is sad for them.
How this plays out is when you file a Defence, the case is moved to your home court. Then, they'll be asked to pay a hearing fee otherwise it'll be thrown out.
They'll probably realise that it's a waste of time at that point. This point will be in about 3 months time.
Money Claim Online it is yes.They've wasted £185 which is sad for them.
How this plays out is when you file a Defence, the case is moved to your home court. Then, they'll be asked to pay a hearing fee otherwise it'll be thrown out.
They'll probably realise that it's a waste of time at that point. This point will be in about 3 months time.
I've just got to respond with a defense now then, and the ball is back in their court (excuse the pun)
Don't fire one off just yet. It needs to be worded properly.
Out of interest, you say 'private sale' - was this your own personal car with your name on the V5? How long did you own it for?
The thing about your mechanic looking at it, exactly what was said? That's their sole angle on this.
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