Sold a car privately - COURT ACTION

Sold a car privately - COURT ACTION

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muussaah

Original Poster:

64 posts

38 months

Thursday 8th June 2017
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Hello chaps, mainly for peace of mind... looking to see your view point on the following...

I sold a car (BMW 330ci 2003 - 134k) late Jan, answered all questions truthfully, listing was as described, excellent condition and running perfectly, cat d bla bla bla, usual description of my ownership of several months, sold due to being a lil too juicy on fuel... I sold it to a guy who I felt like was in a rush and just wanted to buy and leave, didnt even test drive! I insisted and he still said no need however I still took him out for my own peace of mind, he was happy and just handed the cash over, didnt ask any questions on arrival, he did ask on the phone about the rocker cover gasket leak which I told him about and he was aware of this (common issue) and had me drop the price from 2400 to 2100. Purchased and left happy! or so I thought...

4 weeks later I get a phone call from a lady demanding full refund because its got some faults and accused me of lying about the car being serviced 3 days prior, I also found out it had driven over 4000 miles in 4 weeks and she was stating the tyres are in poor condition so I have misrepresented the condition and the garage shes taken it to have said it will cost £4000 to fix some engine leak or something. I not having sold many cars in my lifetime said leave it with me I need to see where I stand with this then later that day called her back and said sorry I cannot do anything as its sold as seen and I described it to the best I can. shes now taking me to court however I did NOT sell the car to her and never met her, she seems to be the sister of the chap I sold the car to so is this not a worthless case whereby I have never dealt with the claimant? furthermore I have read online re this caveat emptor and have proof where I serviced the car 3 days prior to her buying the car from a reputable garage, the car has been driven to what I think an excessive amount in a short period.

The previous letter/garage receipt I have received, I responded back to Mr M*** (claimant) stating I will NOT be refunding due to the following reasons:-

I have not sold the above car to the claimant named above (Doesn't even have the same surname as the chap who I sold the car to)

I am a private seller.

Vehicle purchased for £2100, NOT £2150. (see exhibit C)

Car details:- 2003 BMW 3 Series Reg:- ******* Mileage:- 134000

Vehicle was advertised & described to the best of my knowledge and was in full working order at the time of sale. (see exhibit A)

Serviced by a garage 2 days prior to selling. (see exhibit B)

Sold as seen receipt was signed by both parties. (see exhibit C)

MOT History confirms it was roadworthy at the time of sale. (See exhibit D)

Claimant (Mr ****) was not interested in a test drive on arrival and was happy to purchase without, So I insisted as I found this rather odd and wanted him to, for my own peace of mind, to be sure he was happy however I found him to be in a hurry to leave throughout.

I have found out the car has been driven nearly 4000 miles in 3 weeks. Compare exhibit A/B/C to Exhibit E (Sent from claimant).

I would like to point out that the nature of cars is such that faults can arise at any given time, he inspected the vehicle and I answered all of the questions he asked truthfully such as the rocker cover gasket was leaking oil and the car was pulling to one side, hence the drop in price. He then said “I've looked around and am happy to buy” to which I responded “lets go for a test drive” to which he replied “no I am happy to buy without, she seems fine”. I must say I was a little on edge and after insisting, he agreed and we went for a test drive.

I strongly believe the claimant to be committing fraudulent activity by buying a car privately for short period of time and once they've had their use they no longer require the car so have now made these false claims.

Can anyone shed any light please for peace of mind as I am stressing out about this as it seems completely unnecessary, shes even put a charge in where shes asking for £30 interest a day until the court date! I find this absurd!

ClaphamGT3

8,407 posts

199 months

Thursday 8th June 2017
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Krikkit

18,969 posts

137 months

Thursday 8th June 2017
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It sounds distinctly like a scare tactic to me, I suspect if you can provide a copy of the original ad and a reasonable argument it won't go far.

This kind of thing is happening quite often now, usually praying on people's good nature because they think it's really an error.

alfie2244

11,292 posts

144 months

Thursday 8th June 2017
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as above ^^^^^

Ignore everything apart from a court letter.

ambuletz

8,750 posts

137 months

Thursday 8th June 2017
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Not read OPs post simply because the answer is the car was sold privately, the buyer has no comeback. The onus lies on the BUYER to make sure the car is sound. I suggest you google this. move on, ignore new owner. end thread. case closed. someone should really close topics like this on new posters.

muussaah

Original Poster:

64 posts

38 months

Thursday 8th June 2017
quotequote all
So I have received a court letter dated in august however she has to pay a fee of £170 otherwise it will be struck out, I thought this should have been struck out already prior due to all this buyer beware (Caveat Emptor) but obviously not!

she states I have written excellent condition and drives flawlessly (which it did in my ownership), A car which is nearly 15yrs old with over 134k she has managed to drive 4000 miles in 4 weeks! then calls me up complaining that the tyres are worn and drives like a dog... I dont know whether to laugh or cry at the audacity!

I read someone on PH where someone wrote in the unlikely event of the buyer winning you can put forward a hiring charge of £30 per day is this likely to be accepted? down to the judge I guess and I know I am jumping to conclusion but if she wins this means she gets the 2k she paid plus another 2k for interest!

VladD

7,320 posts

221 months

Thursday 8th June 2017
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alfie2244 said:
as above ^^^^^

Ignore everything apart from a court letter.
Indeed. Sounds like they're trying to con you. Don't answer to the phone to either of them again.

IanCress

4,409 posts

122 months

Thursday 8th June 2017
quotequote all
You sold the car in January, and it's now June. How long have you sat on this?

Also, the court letter is dated August?

I'm confuzzled.

muussaah

Original Poster:

64 posts

38 months

Thursday 8th June 2017
quotequote all
VladD said:
Indeed. Sounds like they're trying to con you. Don't answer to the phone to either of them again.
Appreciate it, I am an honest and truthful individual and strongly believe in karma so as you can all imagine would have described to the best of my ability!
My only concern is shes paid a fee of £105 to submit a claim to the court and has now gotta pay £170 for the hearing by mid august which is likely she will, however I sold it to a Mr A and she is a Mrs M with a different surname and claims to be his sister however can she be a claimant although I have never dealt with her and she was not present at the time of sale?! Surely its got to be he himself as claimant!

So confused

muussaah

Original Poster:

64 posts

38 months

Thursday 8th June 2017
quotequote all
IanCress said:
You sold the car in January, and it's now June. How long have you sat on this?

Also, the court letter is dated August?

I'm confuzzled.
I sold it in 22nd Jan she phones me in end of feb and opens/submits a court case in April and I have since put my defense through etc so I have been following all protocol but thought surely this would have been struck out before hearing seeing as it seems such a straight forward case! If she wanted the warranty or anything why buy privately, its inevitable for something to creep up on a car of this age and mileage! but anyhow the court date is august 22nd so long as she pays the hearing fee by end of July, if not then it will be struck out...

The Surveyor

7,234 posts

193 months

Thursday 8th June 2017
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It can't have been in poor condition if she's managed to drive it for 4,000 miles in 4 weeks. That alone should be enough evidence to show that it wasn't the dog she's claiming.

Also, If it was her brothers name on the receipt, then she's claiming off the wrong person.

It looks like she's bought it for a long trip or holiday, now wants to hand it back and get all her money back. I can't see how she has a claim at all here IMHO

muussaah

Original Poster:

64 posts

38 months

Thursday 8th June 2017
quotequote all
I must add she has taken the car to some garage and has managed to get a quote of £4000 to fix things like an oil leak from the sump section and other bits which are written on the invoice. but this is after driving the car 4000 miles in 4 weeks! plus I told him to test drive and he didnt want to! to top it off I told him on the phone your most welcome to bring an RAC inspection as that what I do.

Jimmy Recard

16,862 posts

135 months

Thursday 8th June 2017
quotequote all
IanCress said:
You sold the car in January, and it's now June. How long have you sat on this?

Also, the court letter is dated August?

I'm confuzzled.
It's not clear but I think the proposed day in court is in August

muussaah

Original Poster:

64 posts

38 months

Thursday 8th June 2017
quotequote all
The Surveyor said:
It can't have been in poor condition if she's managed to drive it for 4,000 miles in 4 weeks. That alone should be enough evidence to show that it wasn't the dog she's claiming.

Also, If it was her brothers name on the receipt, then she's claiming off the wrong person.

It looks like she's bought it for a long trip or holiday, now wants to hand it back and get all her money back. I can't see how she has a claim at all here IMHO
Yes both I and he signed a receipt and have two copies which I understand it may not be worth the paper its written on this should be enough to state I sold it to her brother and not her. That exactly what I thought, I have another vehicle and haven't managed to drive 4000 miles in 2 years, however it just makes me think these people haven't got anything better to do, I am worried that if she ends up winning because of whatever reason that she will get this £30 daily interest shes now charging me up to the date of the hearing that's like £2k plus! frown

Jonno02

2,015 posts

65 months

Thursday 8th June 2017
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She will not win. I'd be surprised if she actually paid the remaining £170 due. The £105 is a cheap amount to pay for getting 4,000 miles out of a car and it makes her look serious?

CubanPete

2,472 posts

144 months

Thursday 8th June 2017
quotequote all
Caveat emptor.

You don't have anything to worry about. 15 year old cars often require routine maintenance!

Enjoy the day out and don't forget to remind her that she will be liable for your costs if she loses.

Likes Fast Cars

2,585 posts

121 months

Thursday 8th June 2017
quotequote all
muussaah said:
The Surveyor said:
It can't have been in poor condition if she's managed to drive it for 4,000 miles in 4 weeks. That alone should be enough evidence to show that it wasn't the dog she's claiming.

Also, If it was her brothers name on the receipt, then she's claiming off the wrong person.

It looks like she's bought it for a long trip or holiday, now wants to hand it back and get all her money back. I can't see how she has a claim at all here IMHO
Yes both I and he signed a receipt and have two copies which I understand it may not be worth the paper its written on this should be enough to state I sold it to her brother and not her. That exactly what I thought, I have another vehicle and haven't managed to drive 4000 miles in 2 years, however it just makes me think these people haven't got anything better to do, I am worried that if she ends up winning because of whatever reason that she will get this £30 daily interest shes now charging me up to the date of the hearing that's like £2k plus! frown
IANAL but it seems to me like you're on firm ground. I am assuming the brother sold it to her??? Hence her interest in it??? So she should sue him.

Can you check the ownership / registered owner details online? May be worth doing to get a clearer picture of the ownership.

I recall there is a schedule or rule for interest calculations (on the court website somewhere) which is nothing like £30 per day interest - total bks and I would think the judge will throw that out.

Likes Fast Cars

2,585 posts

121 months

Thursday 8th June 2017
quotequote all
CubanPete said:
Caveat emptor.

You don't have anything to worry about. 15 year old cars often require routine maintenance!

Enjoy the day out and don't forget to remind her that she will be liable for your costs if she loses.
Yep laugh

TwistingMyMelon

5,806 posts

161 months

Thursday 8th June 2017
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As above, but what does the court order state you have to provide?

MK1RS Bruce

307 posts

94 months

Thursday 8th June 2017
quotequote all
Seriously are you actually worried?? Anything that was written in the advert is completely subjective anyway.
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