Problems with selling an old Mercedes

Problems with selling an old Mercedes

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Discussion

98elise

13,299 posts

97 months

Wednesday 5th December
quotequote all
Cuban sandwich said:
Ok, update. He has contacted me twice since my last post ( he messages through eBay as I can't block him, ( as told to me by eBay) as we have already had messages about the car previously). He has messaged me saying that this will be the last message he sends, and is giving me a week to come up with a solution, before he starts court proceedings under his consumer rights.
I have not replied to him, nor do I intend to. If he does go down the court route(I wouldn't be surprised if he did,as he's a devious little git). If this is the course he takes, what are my best options. I still believe he is a greedy sneaky little git, who has offered me no proof in the form of quotes, garage details or if he is still driving around in the car. Basically he hasn't or won't supply me with anything I previously asked for, before I stopped replying to him.
I can only assume he is going on his own assumptions or doesn't want to supply me with the requested info. I'm not going to give into his outrageous demands, and I imagine I will see him in court. I was going to reply to him and say about him damaging the car himself with his expority poking around. Also he spent two hours with his expert going over the car, and that the alleged areas of rot can only be seen with the car on a ramp.
He admitted he knew I would not knowingly sell him the car with the alleged rot, and that I am a genuine person. Parts of the so called rot he is going on about are body corrosion which is clearly visible when standing in front of the car, and he saw all this with his so called expert.
I want to nip this in the butt now, before he thinks he can take me to court, but I'm unsure of the best way to do it. I have no fear of going to court as I'm 100% know I'm n the right, but I'd rather shut him down before it gets to that.
Cheers again
You are not a trader so there are no consumer rights applicable. It's a secondhand 50 year old car!

Ignore him, but not any court papers. If you do recieve a summons it will be through small claims so will be easy to defend.


bimsb6

6,328 posts

157 months

Wednesday 5th December
quotequote all
He has no consumer rights , he’s taking the piss .

rambo19

1,958 posts

73 months

Wednesday 5th December
quotequote all
He will not go to court.

craigjm

8,583 posts

136 months

Wednesday 5th December
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Yeah if you get courts papers just turn up on court and act reasonable and they will throw it out anyway not that it should ever get that far.

Deep Thought

22,321 posts

133 months

Wednesday 5th December
quotequote all
Cuban sandwich said:
Ok, update. He has contacted me twice since my last post ( he messages through eBay as I can't block him, ( as told to me by eBay) as we have already had messages about the car previously). He has messaged me saying that this will be the last message he sends, and is giving me a week to come up with a solution, before he starts court proceedings under his consumer rights.
I have not replied to him, nor do I intend to. If he does go down the court route(I wouldn't be surprised if he did,as he's a devious little git). If this is the course he takes, what are my best options. I still believe he is a greedy sneaky little git, who has offered me no proof in the form of quotes, garage details or if he is still driving around in the car. Basically he hasn't or won't supply me with anything I previously asked for, before I stopped replying to him.
I can only assume he is going on his own assumptions or doesn't want to supply me with the requested info. I'm not going to give into his outrageous demands, and I imagine I will see him in court. I was going to reply to him and say about him damaging the car himself with his expority poking around. Also he spent two hours with his expert going over the car, and that the alleged areas of rot can only be seen with the car on a ramp.
He admitted he knew I would not knowingly sell him the car with the alleged rot, and that I am a genuine person. Parts of the so called rot he is going on about are body corrosion which is clearly visible when standing in front of the car, and he saw all this with his so called expert.
I want to nip this in the butt now, before he thinks he can take me to court, but I'm unsure of the best way to do it. I have no fear of going to court as I'm 100% know I'm n the right, but I'd rather shut him down before it gets to that.
Cheers again
As has been said, he has no consumer rights - you are not a trader.

I dont think you can nip this in the bud(?) - he sounds like the sort of dick who will take it to court.


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J4CKO

25,723 posts

136 months

Wednesday 5th December
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Find a pair of XXXXL Mens underpants on eBay and send him the link.

You need your big boys (or girls) pants on when buying old cars, then you need to suck it up if you buy something needing work, been there.

At the point when you go from looking to agreeing and subsequently handing cash over, then thats the deal done, until then, you have options, after that point you have a car.

Wacky Racer

30,179 posts

183 months

Wednesday 5th December
quotequote all
Some rot in a fifty year old car, no st Sherlock.

Let this be a lesson to anyone advertising an old car, stick to the facts:

eg:- 1970 Morgan plus 8. 80,000 miles, White, blue interior. £xxxxx

That way you can't be accused of misleading anyone by saying stuff like good runner, rust free etc.

bimsb6

6,328 posts

157 months

Wednesday 5th December
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Sounds like he should be suing his ‘expert’ if the car is as bad as he says .

ex1

2,698 posts

172 months

Wednesday 5th December
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Do you have anything in writing regarding the £310 service? If so I would issue a moneyclaim for this and not have any other communication.

Cuban sandwich

Original Poster:

10 posts

20 months

Thursday
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I have the original invoice from Harbourne garage, they are a small Mercedes specialist garage. The invoice is made out to me though, I suppose in hindsight I should have had it made out to him.

lord trumpton

4,964 posts

62 months

Thursday
quotequote all
OP - you seem to be getting yourself into a pickle with worry.

Take my advice - wait until he contacts you after the week, listen to what he has to say and reply stating that you have no obligations, you have copies of all correspondence and the original advert and you are happy to see him in court.

State the car was sold in good faith and you feel now his persistent contact constitutes harassment and will be reporting it to the police.

Just call his bluff, stand firm and stop being a drip (plumber - see what I did there?)

The more you entertain him the more he will persist.

Deep Thought

22,321 posts

133 months

Thursday
quotequote all
lord trumpton said:
OP - you seem to be getting yourself into a pickle with worry.

Take my advice - wait until he contacts you after the week, listen to what he has to say and reply stating that you have no obligations, you have copies of all correspondence and the original advert and you are happy to see him in court.

State the car was sold in good faith and you feel now his persistent contact constitutes harassment and will be reporting it to the police.

Just call his bluff, stand firm and stop being a drip (plumber - see what I did there?)

The more you entertain him the more he will persist.
+1

Well summarised.

lost in espace

4,624 posts

143 months

Thursday
quotequote all
If he is going to the small claims court he has to be seen to try to negotiate with you before any action is taken, and it has to be reasonable. The court might also look at if you negotiated back. If he is taking action he has to serve a letter of intent, if he takes action before this you can apply for the small claim to be struck out.

It sounds like you have tried to negotiate, record everything. Stop communicating. Wait for small claims papers, reply stating no letter of intent as he won't bother. Get it struck out and cost him a bit of money. The letter of intent has to be reasonable and say what he wants, the small claims court will expect you both to reach a reasonable outside of court settlement anyway.

Please do some research around small claims courts to get an understanding.

alfabadass

1,818 posts

135 months

Thursday
quotequote all
If I bought a 10 year old car off ebay, I understand I have little to no comeback.

This car is 50 years old and seems to be below market cost?

He has avoided providing you proof and has stiffed you for £300 already.

There will be no court action.

Let this be a lesson, you shouldn't have serviced it.

280E

1,185 posts

43 months

Thursday
quotequote all
Did you not mislead the buyer by calling it an 'E220'? nerd

Cuban sandwich

Original Poster:

10 posts

20 months

Thankyou for your great advice and help. I'm going to take your advice, calm down and see what happens. Really appreciated and I will update as and when. Have a great weekend.

dhutch

2,540 posts

133 months

lord trumpton said:
OP - you seem to be getting yourself into a pickle with worry.

Take my advice - wait until he contacts you after the week, listen to what he has to say and reply stating that you have no obligations, you have copies of all correspondence and the original advert and you are happy to see him in court.

State the car was sold in good faith and you feel now his persistent contact constitutes harassment and will be reporting it to the police.

Just call his bluff, stand firm and stop being a drip (plumber - see what I did there?)

The more you entertain him the more he will persist.
Absolutely this.

Seems to me you have been a gent, faithful to your word, having sold a car with a well written add that states 'no rust as far as I know' rather than 'no rust' and have then gone out of your way to get a pre-sale service carried out, which he has yet to refund you.

Do not entertain and suggestion of you paying for further work, you can close that down right away. Car was sold in good working condition, in good faith, after he and his man gave it a very though going over. Get it straight in your head that what you have done is fair and reasonable, and that if if all he wants is the best for the car, he is a joker and a chancer when it comes to what he is asking of you.

Do not expect to get the £300 service money back, but if he is still trying funny business, politely remind him he owes you money not the other way round.

Be overly polite, don't loose you nerve, just stick to your guns and keep saying the same thing firmly and clearly.


Daniel

Cuban sandwich

Original Poster:

10 posts

20 months

Thankyou Daniel, it's really appreciated

Cuban sandwich

Original Poster:

10 posts

20 months

lord trumpton said:
OP - you seem to be getting yourself into a pickle with worry.

Take my advice - wait until he contacts you after the week, listen to what he has to say and reply stating that you have no obligations, you have copies of all correspondence and the original advert and you are happy to see him in court.

State the car was sold in good faith and you feel now his persistent contact constitutes harassment and will be reporting it to the police.

Just call his bluff, stand firm and stop being a drip (plumber - see what I did there?)

The more you entertain him the more he will persist.
Absoloutley superb, thankyou