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.
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!
superlightr said:
Pls clarify.what have you received from the court?
Im what name? Yours or your sons?
Who did the buyer pay? Was is into your account or sons account or cash in hand?
If they have issued a summons it should be in the sons name as the owner and beneficery of the money.
The summons letter (small claims) was addressed to me. The buyer paid me as my son only has an Australian account and the buyer would have had to pay a fee, i transferred the money to my son the following day. Im what name? Yours or your sons?
Who did the buyer pay? Was is into your account or sons account or cash in hand?
If they have issued a summons it should be in the sons name as the owner and beneficery of the money.
d_a_n1979 said:
alscar said:
d_a_n1979 said:
Fill the paperwork stating all this & send it back...
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
+1 as seems to be the most sensible advice here and definitely keep each bullet point succinct without any waffle or additions.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
If the car was only minor accident damaged and repaired ( and of course it may not have been been anyway ) it wouldn't show up on any V5 paperwork in the first place.
As soon as this was made aware to the courts; they rejected the claim...
I knew I'd done nothing wrong; just the buyer was a tit
[quote=sandman77]
Agree but also when selling a car isn’t the first done thing be done is to advertise the car honestly?
I really think both parties have a share of the blame here and a comprise could be met if the seller was willing to admit this.
The car was advertised honestly. We didn’t know it was a cat s. My son obviously didn’t check when he bought it either. They had a very good deal on the car as he wanted to tell to buy a car in Australia.
Agree but also when selling a car isn’t the first done thing be done is to advertise the car honestly?
I really think both parties have a share of the blame here and a comprise could be met if the seller was willing to admit this.
The car was advertised honestly. We didn’t know it was a cat s. My son obviously didn’t check when he bought it either. They had a very good deal on the car as he wanted to tell to buy a car in Australia.
I guess it depends if the car was stated as hpi clear in the advert.
No it wasn’t. All that was in the advert was that I was selling on behalf of my son and why. I was honest saying that it had no book with it (service history) when he bought it and we had just put it through a new MOT a few weeks before. Advertised as having 1 key which was correct. Any questions she had I asked my son and gave her all the information she asked to the best of our knowledge.
deebs said:
Indeed. The OPs story that she was acting for a son who is out the country and willing to sell the car cheaply ("they got a good deal because he was moving to Australia") and it then turns out it's a cat car that she couldn't possibly have known about has several markers of an iffy story. But roll the dice and see what the court says. Or offer to split the difference to keep it out of a judgement.
Not a story. This is 100% the truth. I really don’t appreciate you implying I am lying. sandman77 said:
Where was it advertised? Can we see the advert?
It was advertised on Facebook. I took It down after it was sold cos I was still having messages about it even though I put sold on it. I’ve tried to see if I can get it back or find it somewhere but looks like it’s gone. Any ideas if it gets stored somewhere? Thanks
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