Sold car privately, buyer wants money back
Discussion
Looking for some advice please!
Sold a car via Facebook on behalf of my son. Told the buyer that I didn’t know much about the car, explained it was my sons (on many occasions) that he had moved abroad and that was the reason for the sale. Gave all the information I knew to the buyer. After they received the log book they have discovered that it has previously been in an accident and repaired (before my son bought it) neither myself or my son knew this information. The buyer now wants a refund and is taking me to court for it.
Sold a car via Facebook on behalf of my son. Told the buyer that I didn’t know much about the car, explained it was my sons (on many occasions) that he had moved abroad and that was the reason for the sale. Gave all the information I knew to the buyer. After they received the log book they have discovered that it has previously been in an accident and repaired (before my son bought it) neither myself or my son knew this information. The buyer now wants a refund and is taking me to court for it.
Plainjane91 said:
Looking for some advice please!
Sold a car via Facebook on behalf of my son. Told the buyer that I didn’t know much about the car, explained it was my sons (on many occasions) that he had moved abroad and that was the reason for the sale. Gave all the information I knew to the buyer. After they received the log book they have discovered that it has previously been in an accident and repaired (before my son bought it) neither myself or my son knew this information. The buyer now wants a refund and is taking me to court for it.
Caveat Emptor - buyer bewareSold a car via Facebook on behalf of my son. Told the buyer that I didn’t know much about the car, explained it was my sons (on many occasions) that he had moved abroad and that was the reason for the sale. Gave all the information I knew to the buyer. After they received the log book they have discovered that it has previously been in an accident and repaired (before my son bought it) neither myself or my son knew this information. The buyer now wants a refund and is taking me to court for it.
This is no recourse at all; the buyer bought the car upon their inspection/test drive etc
So tough titty; deal is done and they can' do anything about it unless they can PROVE you absolutely told a pack of lies to them and they have solid proof!
They should have done their checks and due diligence before agreeing to buy the car, so they can't take you to court; it's empty threats/words. Ignore and leave them be, STOP communicating with them now. Any court action would be laughed at and thrown out
It's buyers remorse and they're trying it on
Ignore them now
There is a pinned article regarding this scenario at the top of the forum Plainjane91 - https://www.pistonheads.com/gassing/topic.asp?h=0&...
I have to reply to the court claim which arrived today. I have all the messages and documents saved. The car was £4000
I didn’t know it stated it on the log book as we didn’t look at it. When it arrived after he bought it we just filed it away and only got it out when he asked me to sell it. The log book was given to the buyer to inspect and complete their details and they didn’t notice it either!
I even had a message from her stating if I come across any other paperwork for the car if I would pass it on doesn’t matter what that is.
I would never have deliberately kept this information from her if I had known it. I couldn’t even open the bonnet and asked the buyer’s son who was with her if he knew how to open it, like I said I didn’t know much about it. Still doesn’t stop you stressing when you get a court letter though!
I didn’t know it stated it on the log book as we didn’t look at it. When it arrived after he bought it we just filed it away and only got it out when he asked me to sell it. The log book was given to the buyer to inspect and complete their details and they didn’t notice it either!
I even had a message from her stating if I come across any other paperwork for the car if I would pass it on doesn’t matter what that is.
I would never have deliberately kept this information from her if I had known it. I couldn’t even open the bonnet and asked the buyer’s son who was with her if he knew how to open it, like I said I didn’t know much about it. Still doesn’t stop you stressing when you get a court letter though!
Plainjane91 said:
I have to reply to the court claim which arrived today. I have all the messages and documents saved. The car was £4000
I didn’t know it stated it on the log book as we didn’t look at it. When it arrived after he bought it we just filed it away and only got it out when he asked me to sell it. The log book was given to the buyer to inspect and complete their details and they didn’t notice it either!
I even had a message from her stating if I come across any other paperwork for the car if I would pass it on doesn’t matter what that is.
I would never have deliberately kept this information from her if I had known it. I couldn’t even open the bonnet and asked the buyer’s son who was with her if he knew how to open it, like I said I didn’t know much about it. Still doesn’t stop you stressing when you get a court letter though!
If she saw the log book before she agreed to buy, and you made no attempt to hide the fact that is had been accident damaged se doesn't really have a case.I didn’t know it stated it on the log book as we didn’t look at it. When it arrived after he bought it we just filed it away and only got it out when he asked me to sell it. The log book was given to the buyer to inspect and complete their details and they didn’t notice it either!
I even had a message from her stating if I come across any other paperwork for the car if I would pass it on doesn’t matter what that is.
I would never have deliberately kept this information from her if I had known it. I couldn’t even open the bonnet and asked the buyer’s son who was with her if he knew how to open it, like I said I didn’t know much about it. Still doesn’t stop you stressing when you get a court letter though!
Plainjane91 said:
I have to reply to the court claim which arrived today. I have all the messages and documents saved. The car was £4000
I didn’t know it stated it on the log book as we didn’t look at it. When it arrived after he bought it we just filed it away and only got it out when he asked me to sell it. The log book was given to the buyer to inspect and complete their details and they didn’t notice it either!
I even had a message from her stating if I come across any other paperwork for the car if I would pass it on doesn’t matter what that is.
I would never have deliberately kept this information from her if I had known it. I couldn’t even open the bonnet and asked the buyer’s son who was with her if he knew how to open it, like I said I didn’t know much about it. Still doesn’t stop you stressing when you get a court letter though!
Fill the paperwork stating all this & send it back...I didn’t know it stated it on the log book as we didn’t look at it. When it arrived after he bought it we just filed it away and only got it out when he asked me to sell it. The log book was given to the buyer to inspect and complete their details and they didn’t notice it either!
I even had a message from her stating if I come across any other paperwork for the car if I would pass it on doesn’t matter what that is.
I would never have deliberately kept this information from her if I had known it. I couldn’t even open the bonnet and asked the buyer’s son who was with her if he knew how to open it, like I said I didn’t know much about it. Still doesn’t stop you stressing when you get a court letter though!
They'll read through it, file it under BIN and reject the claim
The buyer will be £88 out of pocket and the cars his to deal with as he agreed to buy it in the state it was sold
Make sure that you absolutely mention this; so it's all above board etc...
Do not add any unnecessary info in there or any claim to have further knowledge...
Keep the reply/info clear & concise and send it back & forget about it
d_a_n1979 said:
Plainjane91 said:
I have to reply to the court claim which arrived today. I have all the messages and documents saved. The car was £4000
I didn’t know it stated it on the log book as we didn’t look at it. When it arrived after he bought it we just filed it away and only got it out when he asked me to sell it. The log book was given to the buyer to inspect and complete their details and they didn’t notice it either!
I even had a message from her stating if I come across any other paperwork for the car if I would pass it on doesn’t matter what that is.
I would never have deliberately kept this information from her if I had known it. I couldn’t even open the bonnet and asked the buyer’s son who was with her if he knew how to open it, like I said I didn’t know much about it. Still doesn’t stop you stressing when you get a court letter though!
Fill the paperwork stating all this & send it back...I didn’t know it stated it on the log book as we didn’t look at it. When it arrived after he bought it we just filed it away and only got it out when he asked me to sell it. The log book was given to the buyer to inspect and complete their details and they didn’t notice it either!
I even had a message from her stating if I come across any other paperwork for the car if I would pass it on doesn’t matter what that is.
I would never have deliberately kept this information from her if I had known it. I couldn’t even open the bonnet and asked the buyer’s son who was with her if he knew how to open it, like I said I didn’t know much about it. Still doesn’t stop you stressing when you get a court letter though!
They'll read through it, file it under BIN and reject the claim
The buyer will be £88 out of pocket and the cars his to deal with as he agreed to buy it in the state it was sold
Make sure that you absolutely mention this; so it's all above board etc...
Do not add any unnecessary info in there or any claim to have further knowledge...
Keep the reply/info clear & concise and send it back & forget about it
t your pants.jm8403 said:
d_a_n1979 said:
Plainjane91 said:
I have to reply to the court claim which arrived today. I have all the messages and documents saved. The car was £4000
I didn’t know it stated it on the log book as we didn’t look at it. When it arrived after he bought it we just filed it away and only got it out when he asked me to sell it. The log book was given to the buyer to inspect and complete their details and they didn’t notice it either!
I even had a message from her stating if I come across any other paperwork for the car if I would pass it on doesn’t matter what that is.
I would never have deliberately kept this information from her if I had known it. I couldn’t even open the bonnet and asked the buyer’s son who was with her if he knew how to open it, like I said I didn’t know much about it. Still doesn’t stop you stressing when you get a court letter though!
Fill the paperwork stating all this & send it back...I didn’t know it stated it on the log book as we didn’t look at it. When it arrived after he bought it we just filed it away and only got it out when he asked me to sell it. The log book was given to the buyer to inspect and complete their details and they didn’t notice it either!
I even had a message from her stating if I come across any other paperwork for the car if I would pass it on doesn’t matter what that is.
I would never have deliberately kept this information from her if I had known it. I couldn’t even open the bonnet and asked the buyer’s son who was with her if he knew how to open it, like I said I didn’t know much about it. Still doesn’t stop you stressing when you get a court letter though!
They'll read through it, file it under BIN and reject the claim
The buyer will be £88 out of pocket and the cars his to deal with as he agreed to buy it in the state it was sold
Make sure that you absolutely mention this; so it's all above board etc...
Do not add any unnecessary info in there or any claim to have further knowledge...
Keep the reply/info clear & concise and send it back & forget about it
t your pants.Plainjane91 said:
Thanks everyone. Really appreciate the advice! I’ll send all the documents to the court and see what happens.
One more thing….does it matter that I wasn’t selling on behalf of my son and I am not the owner and never have been? I made it clear I was only showing the car for him.
Nope, v5 is not proof of ownership. Nothing to worry about. He is just trying to scare you. Block the number.One more thing….does it matter that I wasn’t selling on behalf of my son and I am not the owner and never have been? I made it clear I was only showing the car for him.
Plainjane91 said:
Thanks everyone. Really appreciate the advice! I’ll send all the documents to the court and see what happens.
One more thing….does it matter that I wasn’t selling on behalf of my son and I am not the owner and never have been? I made it clear I was only showing the car for him.
As 'jm' has said aboveOne more thing….does it matter that I wasn’t selling on behalf of my son and I am not the owner and never have been? I made it clear I was only showing the car for him.
They're trying it on; ignore any further communication/block number & messages etc...
Don't send ANY docs to the court; just fill out the paperwork stating that the car was 'sold as seen', presented by you, but you made it clear that you weren't the owner but had the paperwork to show the car was legal
State that the buyer did the look-over of the car, did the test drive and on the basis of that agreed to buy it.
The rest is out of your control; if the buyer didn't do their due diligence its their fecking fault & tough s
t...Caveat Emptor:
"When you buy privately, you don't have the same rights as you do when buying from a professional trader. It's a case of 'buyer beware'. That means it's up to you, not the seller, to make sure the car is in good condition before you buy it.
The Sale of Goods Act applies to people who sell in the course of their normal business, but for private sales, the only part of the law that applies is that goods must be 'as described'."
The buyer has bought the car on 'as described' basis... So don't fret any further...
Lesson to all, always check the paperwork. The new buyer has made exactly the same mistake you and your son did, and as a result he and his family, and the new buyer and his, may have been/be running around in a badly repaired death trap. Now that thought fills me with dread. Learn from this and move on.
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