Private sale scam - car sale
Private sale scam - car sale
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Undertray101

Original Poster:

5,488 posts

190 months

Yesterday (19:31)
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Pretty sure I've become subject to a private sale scam after reading the wiki on here. Put a Disco 4 up for sale on eBay, 16 years old with just under 200k on it. Took it for an MOT which it went through just fine for sale. I mooched about in it before the sale on and off and had zero issues. Some chap sends me a message saying he has a budget of £4500 for a "straightforward sale." That sentence should have have been a red flag but we learn.

We ended up meeting at £4750 and I pick him up from the train station, he came from 200 miles away. All fine. Met him at the station on the day and I told him he can drive back to my office so we can kill 2 birds with one stone. He said no, you drive it it's fine. Second red flag. Near my office I asked him again to drive it still said no. Pulled into my car park and he said yeah all looks good and he bank transferred the money. Signed the AA seller contract sold as seen luckily and all good.

That evening some lady claiming to be his wife texts saying some gearbox light has come on and we will get it sorted tomorrow when we take it to the mechanic. I ignored the text as it was late. Following day and list of issues pop up with a text, broken wheel arch liner, gearbox sensor issue, o2 sensor issue, just a load of random issues where their mechanic said this should have been sold as spares and repairs.

I simply pointed her to the sellers receipt saying sold as seen, your husband refused twice to drive or even look at the car and eventually blocked her as she kept texting issues.

Few days ago I have receieved some court papers from money claims gov requesting £3000 for a new gearbox! Annoyingly they have put the claim against my LTD company not me personally. My business doesn't have anything to do with cars, it's just the best correspondance address for my V5s.

I have responded a few sharp points confirming this wasn't a transaction in the course of any business and it was sold in good faith along with the receipt stating no warranty etc.

So for anyone selling a car and the person refuses a test drive or to even look around under the car, run a mile!

aceofspades1

355 posts

44 months

Yesterday (19:37)
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Problem is, there are similar cases where people do indeed test drive and look around cars and still proceed to ask for large sums of money back and claim x is wrong.

The risk of someone coming back asking for money is a risk when you sell any private car of any value, from £300 bangers to classic sports cars.

If you haven't misrepresented the car, you're perfectly in the clear. You might have to put up a good, well written defence to show you sold the car in good faith should the buyer want to take you to court, but there's no scenario where an accurately described car ends up losing in the buyer's favour.

sixor8

7,923 posts

291 months

Yesterday (19:38)
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I've sold cars to genuine buyers hundreds of miles away who just paid for it to be collected. They do exist!

As long as you didn't out any guarantees in the description as regarding it (drives 'perfect' or 'faultless gearbox,' etc) it seems like a common 'money back' scam. Others may be along with the advice to not pay them anything. I wouldn't.

Undertray101

Original Poster:

5,488 posts

190 months

Yesterday (19:44)
quotequote all
Chap is actively attempting to take me to court. Just waiting for the mediation date hearing how.

I was actually in a rush when writing the advert so only wrote 5 or so bullet points. Didn't mention anything about the running of the vehicle at all, just stated the facts of the sale.

Sheepshanks

39,329 posts

142 months

Yesterday (19:47)
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Undertray101 said:
Annoyingly they have put the claim against my LTD company not me personally. My business doesn't have anything to do with cars, it's just the best correspondance address for my V5s.
Is it your name plus the business address, or was the car registered in the business name?

Undertray101

Original Poster:

5,488 posts

190 months

Yesterday (19:48)
quotequote all
name plus business.

Purchased it privately with priviate bank account and when sold it went into my private bank account. Never been a company asset or ever had anything to do with my business from day 1.

aceofspades1

355 posts

44 months

Yesterday (19:51)
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Doesn't matter whether it was owned, used or registered to the business. If OP isn't a vehicle trader, it's a private sale.

paul_c123

1,890 posts

16 months

Yesterday (19:54)
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What area of business is your limited company?

mmm-five

12,111 posts

307 months

Yesterday (20:01)
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My first response to the MCOL would be to tell them that it's been sent to the wrong entity, as your limited company didn't sell any car to the claimant.

Let them refile/amend and then go from there...responding with the fact that it was sold as seen, and you offered the buyer multiple opportunities to test drive it which they refused.

Undertray101

Original Poster:

5,488 posts

190 months

Yesterday (20:13)
quotequote all
paul_c123 said:
What area of business is your limited company?
Medical

E-bmw

12,318 posts

175 months

mmm-five said:
My first response to the MCOL would be to tell them that it's been sent to the wrong entity, as your limited company didn't sell any car to the claimant.

Let them refile/amend and then go from there...responding with the fact that it was sold as seen, and you offered the buyer multiple opportunities to test drive it which they refused.
^^^^ Wot 'e said.

On top of that as others have said if you did not mis-represent any details in the ad & have kept the ad you are in the clear, just 100% stick to your guns, these low-life need to be faced off.

SydneyBridge

11,025 posts

181 months

They will obviously expect you to just pay so bet they will probably run if you don't. They will have to provide disclosure in support of their claim

itcaptainslow

4,508 posts

159 months

E-bmw said:
mmm-five said:
My first response to the MCOL would be to tell them that it's been sent to the wrong entity, as your limited company didn't sell any car to the claimant.

Let them refile/amend and then go from there...responding with the fact that it was sold as seen, and you offered the buyer multiple opportunities to test drive it which they refused.
^^^^ Wot 'e said.

On top of that as others have said if you did not mis-represent any details in the ad & have kept the ad you are in the clear, just 100% stick to your guns, these low-life need to be faced off.
Quite agree - the guy bought a 16 year old car that's approaching moon mileage. Even from a trader, you'd like to think any court would say "You can't reasonably expect mechanical perfection".

You can see why the likes of WBAC etc. do so well now. Most people can't be bothered with the grief, me included.

Terminator X

19,590 posts

227 months

Undertray101 said:
Chap is actively attempting to take me to court. Just waiting for the mediation date hearing how.

I was actually in a rush when writing the advert so only wrote 5 or so bullet points. Didn't mention anything about the running of the vehicle at all, just stated the facts of the sale.
Sold as seen as the receipt + as others have said as long as sale description was accurate you should be bullet proof. Just don't ignore any of the court stuff, reply to it all.

Also he's wrong using the business to sue so it should fall over at the first hurdle.

TX.

Simpo Two

91,395 posts

288 months

Undertray101 said:
Chap is actively attempting to take me to court. Just waiting for the mediation date hearing how.

I was actually in a rush when writing the advert so only wrote 5 or so bullet points. Didn't mention anything about the running of the vehicle at all, just stated the facts of the sale.
I don't see any need for mediation (though it would be wise to play the game). When/if mediation fails - and in this case I wouldn't move an inch because he and his wife are 'professional complainers', defend the case and go to court. If you're right, you'll win. They may not even turn up. These people rely on bullst, bluff and bluster. Good luck!