Private buyer - civil claim?
Private buyer - civil claim?
Author
Discussion

Janosh

Original Poster:

1,776 posts

190 months

Saturday 15th October 2022
quotequote all
I recently sold some alloy wheels and tyres.

They were advertised on Marketplace, collected in person, paid for in cash.

The listing accurately described the wheels and tyres, the buyer inspected the items before making the payment.

2 days later, the buyer claims that a tyre blew a sidewall and that the TPMS have been removed. He is claiming that the items were misrepresented, put him and his family in danger and would like me to pay for some new TPMS.

I should add that the buyer has conceded in a text exchange that the wheels were as stated and that the tyres appeared ok at the time of purchase, just that I had omitted that the TPMS was either not working or removed.

To my knowledge the TPMS had not been removed but perhaps more importantly was not described in the listing and never discussed as part of the sale.

The buyer has told me to expect a formal claim.

Any advice and thoughts are welcome... hopefully just putting my mind at rest that his claim has zero basis?!

ingenieur

4,643 posts

204 months

Saturday 15th October 2022
quotequote all
I wouldn't worry about it.

There are so many insurmountable thresholds between him saying it and you actually having to defend yourself that it's just never going to happen.

A person who buys second-hand wheels and tyres instead of new ones is not the sort of person who has the resources to frivolously engage in pointless legal action.

KungFuPanda

4,585 posts

193 months

Saturday 15th October 2022
quotequote all
Give him the address to serve the Letter of Claim and tell him to crack on.

anonymous-user

77 months

Saturday 15th October 2022
quotequote all
Delete, get on with your day.

Canon_Fodder

1,775 posts

86 months

Saturday 15th October 2022
quotequote all
Janosh said:
I should add that the buyer has conceded in a text exchange that the wheels were as stated and that the tyres appeared ok at the time of purchase, just that I had omitted that the TPMS was either not working or removed.
take a screenshot of that OP

Golfgtimk28v

2,797 posts

42 months

Saturday 15th October 2022
quotequote all
If it had been removed would have flagged up straight away as fault, he should have contacted you then. I would consult tech knowledge on this issue.

anonymous-user

77 months

Sunday 16th October 2022
quotequote all
Ignore.

ingenieur

4,643 posts

204 months

Sunday 16th October 2022
quotequote all
Canon_Fodder said:
Janosh said:
I should add that the buyer has conceded in a text exchange that the wheels were as stated and that the tyres appeared ok at the time of purchase, just that I had omitted that the TPMS was either not working or removed.
take a screenshot of that OP
Actually that's good advice. Although the chances of anything actually happening are less than minimal it is worth keeping any evidence until you are sure there won't be anything happening. I have been threatened with court action in business by some bloke who fell over while he was at my premises and I was sure he wouldn't actually do anything but I did prepare just in case by taking photos and making notes.

stinkyspanner

936 posts

100 months

Sunday 16th October 2022
quotequote all
Is having tpms a prerequisite to selling wheels then?

Rozzers

2,981 posts

98 months

Sunday 16th October 2022
quotequote all
Even if they had working TPMS, the buyer would need to read them and code them to the car, so he plainly didn’t bother doing this or the query would have been when fitting, not post puncture.

Any normal person would swap the ones from the old rims to save hassle.

If he wanted TPMS, he should have looked for a listing offering them, and you say you didn’t mention it.

Acorn1

2,942 posts

43 months

Sunday 16th October 2022
quotequote all
Wtf is TPMS?

E-bmw

12,281 posts

175 months

Sunday 16th October 2022
quotequote all
Acorn1 said:
Wtf is TPMS?
Tyre Pressure Monitoring System.

Most cars built within the last 10 - 15 years have them.

Acorn1

2,942 posts

43 months

Sunday 16th October 2022
quotequote all
Ah gotcha! Thanks

So how would that prevent a sidewall blowing out?

I guess the light would come on after lol!

Edited by Acorn1 on Sunday 16th October 08:54

sixor8

7,894 posts

291 months

Sunday 16th October 2022
quotequote all
More recent than 10 - 15 years.

I had a 2011 car until last year, and currently have a 2009 Mercedes, neither have TPMS. Nor does my FIL's 2008 Honda Accord or my sister's 2015 Vauxhall. I was recently getting an oil change at a place last week and they were struggling to reset the TPMS on a 2014 Hyundai ix35. Some cars, all 4 are the same part number, on others it isn't. rolleyes

It's another thing to go wrong IMHO and is for people who never glance at their tyres. frown

scorcher

4,099 posts

257 months

Sunday 16th October 2022
quotequote all
sixor8 said:
It's another thing to go wrong IMHO and is for people who never glance at their tyres. frown
Thought it was originally developed for runflat tyres so you didn’t end up driving around for days on end with a flat tyre you weren’t aware of.

Janosh

Original Poster:

1,776 posts

190 months

Sunday 16th October 2022
quotequote all
Thanks for the replies all.. I’ve taken snaps of the listing and subsequent thread / debate.

Given that I never mentioned TMPS in the listing or in any narrative prior to purchase, I feel that this is a closed case.

Nonetheless, thanks for the reassurance.

Rozzers

2,981 posts

98 months

Sunday 16th October 2022
quotequote all
sixor8 said:
It's another thing to go wrong IMHO and is for people who never glance at their tyres. frown
Only on active systems, the passive ones just use the wheel speed sensors and a calculation to identify a mismatch in road speed from the calibrated amount, the system is just software in existing modules. All new cars built in the EU from some point in 2014 have it.

Active systems with transducers in the wheel are indeed something else to fail, but are decently accurate.

Mr Tidy

29,532 posts

150 months

Sunday 16th October 2022
quotequote all
Janosh said:
Thanks for the replies all.. I’ve taken snaps of the listing and subsequent thread / debate.

Given that I never mentioned TMPS in the listing or in any narrative prior to purchase, I feel that this is a closed case.

Nonetheless, thanks for the reassurance.
I can't see him getting anywhere!

If he does pursue it he has to prove you misdescribed them and given you have copies of the listing and the later discussion how can he?

Assuming the TPMS are the valve type ones he could have seen that they weren't there when he collected them!

Sebring440

3,087 posts

119 months

Sunday 16th October 2022
quotequote all
Mr Tidy said:
Assuming the TPMS are the valve type ones he could have seen that they weren't there when he collected them!
How do you tell? X-ray eyes?


rigga

8,798 posts

224 months

Monday 17th October 2022
quotequote all
Sebring440 said:
Mr Tidy said:
Assuming the TPMS are the valve type ones he could have seen that they weren't there when he collected them!
How do you tell? X-ray eyes?
TPMS have metal stems, non have old type rubber ?