private seller legal help please

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shaqs77
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private seller legal help please

Post by shaqs77 » Sun Jan 14, 2018 3:40 am

Hi guys,

Need some help and advice please.

I owned a mk4 golf gttdi and put it for sale on various sites. Bought my wife another car and due to work commitments the car was sat on driveway for about 2-3 months.

Had some free time so decided to sell it. Asking price was £1000. Somebody came to see it and liked it. The only defect with the car I was aware of was an intermittent brake light switch which told the buyer about. The car was sorn'd but had mot til May of this year. The buyer wanted to test drive the car but when asked if he had insurance to drive another car he said no. I did say he won’t be able to take the car on a test drive due to lack of insurance but his brother who was on his way and was insured will be able to drive the car. I also informed them both that the car had no tax and with a police station literally 100m up the road it was their risk if they wanted to take it out. No test drive was taken. The buyer haggled me down to 875 and we shook on it. Made him out a receipt with our details, car details, price and the following statement.

"The undersigned purchaser acknowledges receipt of the above vehicle in exchange for the cash sum of £.........., this being the price agreed by the purchaser with the vendor for the above named vehicle, receipt of which the vendor hereby acknowledges. It is understood the vehicle is sold as seen, tried and approved by the purchaser."

We both signed it and off he went. He came back an hour later saying he didn’t want the car, giving excuse that clutch was shot (it wasn’t, bite was still really low down on pedal) and the camshaft was gone (it hadn’t).

He threatened me with court action if I didn’t give him a refund. Low and behold a letter from the county court has come through yesterday.

What shall I do now?? I was a private seller and not in trade.

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Re: private seller legal help please

Post by InfernalBadger » Sun Jan 14, 2018 9:43 am

Firstly I wouldn't ask for legal advise from crazy people on the internet :D
  • Turn up at court
  • Win and claim some extra costs.
  • Laugh at the stupid guy who has now paid 50% more for the car because of his stupid claim.
Tbh, you should be able to reply to the letter with some defence which should get the whole thing dismissed I guess?

Ashley1992
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Re: private seller legal help please

Post by Ashley1992 » Sun Jan 14, 2018 11:09 am

Surely sold as seen with both signatures he hasn’t got a leg to stand on and you’ll win?
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Re: private seller legal help please

Post by Sam_M » Sun Jan 14, 2018 12:09 pm

what does the letter say???

If a court date has been set and you don’t turn up he’ll get an automatic judgement in his favour.

With a judgement against you he can escalate to the high court for a writ and then despatch high court enforcement who you cannot rebuff like a bailiff.

Ultimately I think the law is with you but don’t bury your head whatever you do.

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Re: private seller legal help please

Post by Octavius » Sun Jan 14, 2018 1:58 pm

He still has legal rights no matter what was signed. I would get some information from Citizens Advice and go from there.
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Re: private seller legal help please

Post by mikeyscott » Sun Jan 14, 2018 3:39 pm

Has he stated the issue etc?
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Anish1993
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Re: private seller legal help please

Post by Anish1993 » Sun Jan 14, 2018 3:42 pm

A lot of effort for a £875 car..

I'm surprised.

Just a random note.

I think if it was me I would have given a test drive with £350 cash deposit in hand. This tends to show seriousness in the buyer with purchase.

Atleast that way it was tested and sold and if anything goes wrong during the test drive. The £350 would help bring the car back lol.

How do you even submit a claim when someone sells you a dodgy car?

Hope the case goes in your favour anyways.

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5678
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Re: private seller legal help please

Post by 5678 » Sun Jan 14, 2018 3:53 pm

What claim has he made in the letter?
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ASB1960
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Re: private seller legal help please

Post by ASB1960 » Sun Jan 14, 2018 4:58 pm

Sam_M wrote:
Sun Jan 14, 2018 12:09 pm
what does the letter say???

If a court date has been set and you don’t turn up he’ll get an automatic judgement in his favour.

With a judgement against you he can escalate to the high court for a writ and then despatch high court enforcement who you cannot rebuff like a bailiff.

Ultimately I think the law is with you but don’t bury your head whatever you do.
This.

Do you actually have a letter before action.

Defend the claim if there is one. If the letter is from an individual the chance of it being a compliant lba is close to that of my gf waking up tomorrow and discovering she is the new pope.

But, to echo, don't bury you head.

Fwiw you could pist with the redacted letter on pepipoo.

If you had let the drive it you would also be up for allowing.

If the letter is from the court you MUST acknowledge it. The defence can be submitter later. In this case theyvare going, it would seem, for a default judgement. You do not want this. Never ignore stuff from the court.
Last edited by ASB1960 on Sun Jan 14, 2018 5:08 pm, edited 2 times in total.
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Re: private seller legal help please

Post by ihadablackdog » Sun Jan 14, 2018 5:05 pm

Anish1993 wrote:
Sun Jan 14, 2018 3:42 pm
I think if it was me I would have given a test drive with £350 cash deposit in hand. This tends to show seriousness in the buyer with purchase.
But the car was SORN...the buyer knew that and didn't have a test drive because of that, but thats the buyers risk.

He said the clutch was shot and camshaft shot....how do you tell? Is it easy to

a) check for within 1 hr
b) prove

i.e. when he came back, could he have driven the car back to prove the issues to you. If they were duff, could he have driven it away in the first place?

Did he give you the opportunity to see the problems? Surely that would be obvious thing to do, and at that point you both agree or disagree there is an issue.

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Re: private seller legal help please

Post by Anish1993 » Wed Jan 17, 2018 6:27 pm

Is there a problem with the car?

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RickN55
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Re: private seller legal help please

Post by RickN55 » Thu Jan 18, 2018 2:57 pm

Just make sure you turn up in Court and argue your case, And seek legal advice.. Always thought "Sold as seen" was exactly that, Pay your money take your chance..
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Re: private seller legal help please

Post by jallen » Thu Jan 18, 2018 3:13 pm

RickN55 wrote:Just make sure you turn up in Court and argue your case, And seek legal advice.. Always thought "Sold as seen" was exactly that, Pay your money take your chance..
Yes, but the seller has a legal responsibility to accurately describe the condition of the vehicle. I suspect the purchaser will be alleging that there were faults with the car at the point of sale which the seller would have known about but chose to withhold relevant information.


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Anish1993
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Re: private seller legal help please

Post by Anish1993 » Thu Jan 18, 2018 5:52 pm

This goes back to the question of whether the car has any actual problems.

And how can this be proved in court anyway. It's literally one mans word for another.

I rekon if it was me I would have just given the guy a refund if it was only an hour after. Perhaps tax him a couple hundreds for the waste of time. That seems fair.

If the logbook was already posted then its a different story.

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Re: private seller legal help please

Post by docwra » Thu Jan 18, 2018 6:14 pm

IIRC a private buyer can only do this if he specifically asked you about the problems and you denied them despite knowing they were there.

If he bought a car without a test drive and is now claiming for faults that dont exist then I cant see he has a leg to stand on anyway.

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