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Author: Subject: Legal advice after selling car
nero1701

posted on 26/5/19 at 10:00 PM Reply With Quote
quote:
Originally posted by Jamesc
Thank you to everyone, you've made me feel so much better by reinforcing what I thought.

Looking back through the messages, there were comments such as 'I have paid too much for this car, if I knew of the problems I would have offered less' and 'let's work together as adults before this gets out of hand'. Makes me think he wants some money back even though I sold it for a very fair price.

The last thing I want to do is get in an argument, but I get the impression he's the kind of guy that will turn up at my door with the car and leave it on my drive...



Then charge him rent for the space.

If you don't mid, Please clarify..

1. What did you sell him
2. What were the known and disclosed issues (all cars have them)
3. What is he claiming the issues now are ?
4. What are his expectations (if indeed he has clearly defined them)

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coyoteboy

posted on 27/5/19 at 01:01 AM Reply With Quote
Don't even try to entertain more conversation. Don't block him, just reply with the same text given a couple of posts above. Every time. He can't dump it on your drive, he can't claim anything against you, report him to the police now and explain you wont be entertaining any ideas of refunds.





Report your local potholes, it actually works!

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steve m

posted on 27/5/19 at 08:18 AM Reply With Quote
I had an issue years ago (18 years old) with a guy who was trying to claim a lot of money off me for a car accident that was 50/50 according to the police, who attended,
The hassle etc went on for weeks, and was quite frightening, as he had my address, and sent numerous letters

My Mother suggested I have legal advice that cost me £25 from memory, including a letter to the other party, and we never heard another thing

Now if this problem was mine, I would report him for harassment, wether its threatening, or just unpleasant, doesn't matter, its harassment, and he signed the letter to agree with what he has bought
The sooner you do this, and let him know, politely, it will stop

steve





Thats was probably spelt wrong, or had some grammer, that the "grammer police have to have a moan at




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lennym1984

posted on 27/5/19 at 10:36 AM Reply With Quote
Hi

Have a read here...

https://www.pistonheads.com/gassing/topic.asp?h=0&t=1771612&d=0#seperator

You appear to have done nothing wrong and so I would ignore any further contact or - as he had suggested - let him go through the court. From what you have said, I don't think he'll get far...





Kit Car Newbie!
Current Fleet:
Porsche Boxster 2.5
Jaguar XE 25T R-Sport (the petrol one)

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chillis

posted on 27/5/19 at 11:15 AM Reply With Quote
Sadly this kind of scam is becoming all too common, buy the item often unseen and without haggling then once in possession claim there's something wrong with it and you want a partial refund/discount.
Do not block him but also do not enter into any further conversation with him. First thing tomorrow seek legal advice, if only to calm your shattered nerves.
Tell the solicitor everything including all the phone calls and messages which hopefully you have kept.
A solicitor will be able to advise if this is worth fighting or if you should go and get the car back. If you take the car back do not enter into discussion just ask him to make it ready for your collection.
I doubt it'll come to that though as it seems you have done nothing wrong and a good solicitor should be able to support this.
A solicitor should be able to send him a letter pointing out the legal aspects as well as highlighting his claims of it 'being broken' or 'not fit' are irrelevant as he has admitted working on it and thus an independent verification of its 'as sold' condition to support his claim is no longer possible.





Never under estimate the ingenuity of an idiot!

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rf900rush

posted on 27/5/19 at 12:25 PM Reply With Quote
Just count you self lucky.
You could have bought a car from him

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Jamesc

posted on 27/5/19 at 12:46 PM Reply With Quote
The only issues were with the bodywork, it was a little rough and marked. The speedo had an intermittent fault but I sorted that with a new sensor which is supplied the receipt for.

He has not explicitly said what the issues are yet.

I haven't done anything wrong, I even tried to explain that kits aren't like regular cars, especially bec. But I've never sold a kit before, so it's new territory for me and not sure how things would differ from selling a 'normal' car.

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slingshot2000

posted on 27/5/19 at 05:25 PM Reply With Quote
I had something similar a few weeks ago with a builder that had put some (4) nails through electric cables in a a customer's house. I refused to go out on Easter Sunday and then received real nasty threats of violence. A friend in CID advised me to call Police on 101. They were out within an hour and photographed all texts, they contacted him and he has never contacted me since.
I did attend the clients house and replaced all the damaged cables. Client paid me in cash and told me he would be deducting it from builders final payment.

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Jamesc

posted on 27/5/19 at 05:33 PM Reply With Quote
That's ridiculous.. Not even your fault?!

I wouldn't say the threats are violent, but I think the quote was he'll be passing the case on to 'a recovery company he uses in situations like this'. Not sure what the even means.

[Edited on 27/5/19 by Jamesc]

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femster87

posted on 27/5/19 at 05:53 PM Reply With Quote
quote:
Originally posted by Jamesc
That's ridiculous.. Not even your fault?!

I wouldn't say the threats are violent, but I think the quote was he'll be passing the case on to 'a recovery company he uses in situations like this'. Not sure what the even means.

[Edited on 27/5/19 by Jamesc]


Would be interesting to see what the recovery company has to do with this.

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Jamesc

posted on 27/5/19 at 05:55 PM Reply With Quote
Me too. Not sure if he means car recovery or debt recovery.. I'm guessing the latter.
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cliftyhanger

posted on 27/5/19 at 08:56 PM Reply With Quote
There is no debt. You owe him nothing.
All he could do is claim via the courts, but from what you say his chances of success are less than a kitkat lasting an hour in our house. And he knows it.
Sounds more and more like a despicable idiot.

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Jamesc

posted on 27/5/19 at 09:02 PM Reply With Quote
Love the kit kat reference, wouldn't last an hour with me either!

Debt was the wrong word, recover his money I guess he means. His messages are quite difficult to understand. Looking back, he asked me to send him the sale reciept (that he forgot to pick up) 9am Saturday morning and he wanted it before lunch. I sent him a photo of it on Friday as I was away and he said it wasnt clear enough to read - looked fine when I looked at it, maybe 40 megapixels wasn't enough?

Will keep you all updated.

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tegwin

posted on 28/5/19 at 07:05 AM Reply With Quote
Itís an annoying situation to be in. Perhaps a bit late but youíre best option is to politely refuse to communicate with this moron. He has no leg to stand on so by talking to him youíre letting him think he has a chance.... donít give in, save all communications and if you feel threatened contact the police.





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Would the last person who leaves the country please switch off the lights and close the door!

www.verticalhorizonsmedia.tv

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Jamesc

posted on 28/5/19 at 10:40 AM Reply With Quote
Just received this message:

I have just finished speaking to recovery company they told me that I have a legal right to return the car for full refund , we have three choices either you take the car back or pay me to repair it or tell me you are not interested please be advised if they start the case there will be additional charges which will be enclosed please let me know ASAP as they are ringing me these afternoon in fact they were going to start the case this morning but I told them I need to speak to you first please let me know regards

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loggyboy

posted on 28/5/19 at 11:16 AM Reply With Quote
If you havent already send the message I quoted above and leave it that. He either knows he is very wrong and is playing games, or doesnt know hes wring and just very stupid.

[Edited on 28-5-19 by loggyboy]

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nero1701

posted on 28/5/19 at 12:13 PM Reply With Quote
Mate, he's angling for cash from you.

Do not give into him!!

Go legal if you have to.

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Ugg10

posted on 28/5/19 at 12:35 PM Reply With Quote
May be worth a trip or a call to citizens advice bureau





---------------------------------------------------------------
1968 Ford Anglia 105e, 1.7 Zetec SE, Mk2 Escort Workd Cup front end, 5 link rear
Build Blog - http://Anglia1968.weebly.com

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Jamesc

posted on 28/5/19 at 12:43 PM Reply With Quote
I have sought legal advice and been told that in their opinion of the list of items he gives, the only one I *could* be liable for is a headlamp bulb. Although, he would need to prove the bulb wasn't working when he picked it up.

Solicitors words were "He wouldn't be getting anything out of me" - That was after I sent him a conversation log, pictures and the original advert.

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adithorp

posted on 28/5/19 at 12:46 PM Reply With Quote
Politely tell him to do one.

This is what Which say...

Second-hand car bought privately
You have fewer rights when you buy a used car from a private seller, and key parts of the Consumer Rights Act don't apply.

For example, there is no legal requirement for a car to be of satisfactory quality or fit for purpose.

But contractual rules about misrepresentation do apply. So, legally, the seller must:

accurately describe the second-hand car. For example, an ad must not say 'one owner' when the car has had several
not misrepresent the second-hand car, ie tell you something about it which isn't true. For example, if itís been in an accident, the owner mustn't tell you it hasn't.





"A witty saying proves nothing" Voltaire

http://jpsc.org.uk/forum/

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nero1701

posted on 28/5/19 at 02:25 PM Reply With Quote
quote:
Originally posted by Jamesc
Just received this message:

I have just finished speaking to recovery company they told me that I have a legal right to return the car for full refund , we have three choices either you take the car back or pay me to repair it or tell me you are not interested please be advised if they start the case there will be additional charges which will be enclosed please let me know ASAP as they are ringing me these afternoon in fact they were going to start the case this morning but I told them I need to speak to you first please let me know regards


Guy sounds like a moron, just trying it on.

Inform him that all further communication will be through your solicitor. Then forget it

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Jamesc

posted on 28/5/19 at 03:04 PM Reply With Quote
I only used an independent solicitor for advice, I don't have one for actual litigation - Not sure how I would even find a suitable one or what the huge cost would be?

Quite a lot more than offering him a couple of hundred to wee off I'm guessing

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nero1701

posted on 28/5/19 at 03:09 PM Reply With Quote
quote:
Originally posted by Jamesc
I only used an independent solicitor for advice, I don't have one for actual litigation - Not sure how I would even find a suitable one or what the huge cost would be?

Quite a lot more than offering him a couple of hundred to wee off I'm guessing


Have him write a letter, should be enough to put the guy off

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bonzoronnie

posted on 28/5/19 at 03:17 PM Reply With Quote
Listen to your legal adviser.

As a private, sold as seen sale, he has no legal grounds for a refund or contribution towards repair costs.

Any debt recovery agent is breaking the law acting without a county court judgement issued against you.
I doubt any small claim action against you would be successful .


A couple of years back I listed my late grandsons dirt bike on ebay.

A buyer did not want to wait for the auction to end.
He arranged to come for a look the next day after initial contact.

When he arrived with a mate & his teenage son.

They were shown the V5C, recent new MOT cert/receipt , recent service history invoices & told of all known faults.
Main fault was difficulty starting when hot, I advised in my opinion that it be bet to assume a new carb would be needed.

I was present, the owner my late Grandson was also present ( Built like brick out house) & finally my no2 son was present ( built like an even bigger brick outhouse )

They spent the best part of 30 mins thrashing it up a down my lane.
No through road & I made sure my Jeep was blocking the exit of the lane.

All 3 were delighted with the bike & just what his son was looking for.

A cash price was agreed , V5C was filled out & they were given the new keeper portion, I posted the V5C to DVLA the next morning.
Full sold as seen, no warranty given or implied receipt was issued at point of sale,

They promptly man handled the bike into their people carrier & threw it down on its side ( Heard something break ) Then followed that up by slamming the tailgate down breaking the rear mudguard in the process .

Thought what a bunch of idiots, went indoors a closed the ebay auction.

2 Weeks later I had a message from the buyer
He was ranting an raving the the bike was a pile of scrap & was only fit for breaking.
Claimed it cost him a fortune for an engineers report.
He was all guns for his money back.

As a honest seller I agreed to refund him once I had seen the engineers report.
I also warned him I would reduce the the amount of refund to cover the cost of the damage caused to the bike caused by throwing the bike onto its side & breaking the rear mudguard in their tailgate.

He said he would send me the engineers report.

No report was forthcoming just 2 weeks of daily messages of ever increasing abuse .
Also demanding to come down to collect his money & he will bring the report with him.

I advised without seeing the report first He was not to bring the bike down.

He went mental & advised me he would be down with a van load of his mates.

I responded by telling him to make sure it is at least 26 seater.
Politely reminder him that he had seen the size of my late Grandson, No 2 son & seeing the size of no1 son, Other Grandson & 4 cousins will make his ass tweak
Due to his aggressive manner, my goodwill gesture of a refund was now off the table.

More daily abuse followed
Then he changed tack for a partial refund.

I advised I was all done talking about the issue & advised him to take it up in the small claims court.
Also advised that his threats had been printed & handed to the local police.

Last message sent by him " You Bleep Beep Bleep see you in court you Bleep Bleep Bleep "

That was the last I heard from him.

3 Years ago now.

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Steve126

posted on 28/5/19 at 03:50 PM Reply With Quote
quote:
Originally posted by Jamesc
I only used an independent solicitor for advice, I don't have one for actual litigation - Not sure how I would even find a suitable one or what the huge cost would be?

Quite a lot more than offering him a couple of hundred to wee off I'm guessing



I hope you are not considering offering him a couple of hundred to wee off. It's a private sale, you know you have done nothing wrong, unless he is stupid he must know you've done nothing wrong, you don't owe him anything and he can't make you pay anything so you mustn't give in.

Giving him money he isn't owed just gives him an incentive to whine like a baby to the next poor sod he buys something from in the hope that more money comes his way.

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