stringvest

ok i sold a car back in september for £2750 i had the car only two months and sold it as it was to small for me (fiat punto)

i was not aware that the car had any accident repair work done and to me it looked clean and original, when he says about they asked me if any damage previous i replied " not that im aware of " as to be fair i dodnt know!


then i got this letter special delivery to me today:



i purchased a vehicle from you on 15th september 2006 reg blah blah blah
on viewing and test driving the vehicle with my son i asked you if the car had been in any
accidents or monor scrapes, to which you replied ~No, we paid you a deposit of £50
and on the 14th sept we collected and paid the remainding £2700 to which you gave me a receipt


11th oct since this date we have had 2 majour faults;
loss of electrics we returned the car to main dealers and they told us the car had been in an
accident and repaired poorly


21 oct a noise was heard from near side front wheel and the car needed replacement discs and pads


i wish to refer you to sale of goods act 1979, as i feel this vehicle not to be in the condition
you led myself and son to believe

therefor i give you the opertunity to either:


take back the car and refund myself the £2750 plus cost of repairs to date

or pay for the vehicle to be repaired to a satisfactory condition at a accident repair centre
of our choice




NOW

im shi tting my pants as to what to do, a few friends said its a private sale your fine but its not the point, whilst i do sympathise with them with the greatist of respect i cant afford to pay any money atall

the chap never carried out a hpi inspection on the car and neither did i when i bought it


now i need to reply to his letter legally, if the case is true that unfortunatly he has no leg to stand on then i need to state it politely and sypotheticly


or has he got me by the *****?

DCI Gene Hunt

Calm down........ he's spouting ****e

StickyMicky

ignore him if you never knew about the damage, return his letter by special delivery that would **** me right off ??

MAC76

I would say that as a private sale its up to him to HPI the car ... not you. You say the dealer states its had a bad accident this does not tell you the car was a write off or damaged and repaired etc .... it just says that the car has had an accident and in the dealers mind its been done badly. Has he since HPI'd the car?
I would say that he does not have a leg to stand on.... talk to your solicitor who i am sure will confirm the same and then charge you £40 to send a letter to state this.
Hope this helps

Paulo P

iTrader: (42)

What a tosser

Tell him to go and whistle or better still ignore the tosser.

STi wanna Subaru

iTrader: (1)

This should provide some interesting feedback for a post in general.....

As for this case....respectfully tell him to whistle. Unless they can prove you knew it had been damaged and repaired then I dont see they have much comeback.

Bubba po

How can he put discs and pads down to you? He ought to have had the car inspected.

davegtt

write a nice letter back explaining that if he didnt know what he was buying then he should have had an AA check or HPi check on the car.

He has no claim on you, tell him to do one in the letter too

WHEELSHOP0_0

Was it a private sale? if so I think he is just chancing his arm.
If you did not know about the damage how can you declare it?
If you bought it from a garage then give him their details as they are legally obliged to check the car and tell you if its damaged.
Get proper advice tho. I think I am right but you should check with someone who knows.

Neanderthal

iTrader: (6)

Sold as seen. He was well within his rights to have the vehicle inspected before purchasing it. As he didn't, then he was obviously happy with the condition of the car.

stringvest

but the thing is its not fair i do feel sorry for him, but respect hes not getting any money from me, i do want to reply to the letter but i would like to state the law in the letter like he did, and effect, end the dispute immediatly and easily if this is the case

AudiLover

id tell the **** to sell it on den if he doesnt want it.

Dr.No

Your few friends are pretty much correct - Sale of Goods act doesn't apply to private sales, and generally for sales such as your private car sale the term "buyer beware" is in effect. It's up to the buyer to check the car before buying it, as once he's bought it it's his, and his responsibility.

If he did buy it relying upon something that you'd told him that was blatantly misleading, incorrect or a lie (ie "Nope, it's never had an accident in its life, God's honest!", etc.) then he could sue you privately.

Look here for more http://www.clsdirect.org.uk/documents/leaflet13e.pdf

Dr.No

Jeez. How many responses, how quickly?

davegtt

Thats how boring the threads have been this afternoon, we've all been sitting waiting for something half decent to come along. Thought we found one with the women and kids thread but its not taking off as I hoped

jaytc2003

iTrader: (1)

just on my way now to check that one out

stringvest

the thing he he says i said "NO" to the question has it ever been accident damaged etc, but i know for a fact i would of said not tat im aware or, as to be fair i didnt know, lots of cars get damaged and repaired by insurance companys etc

StickyMicky

just send the letter back special delivery and say nothing, it will make him blow his top

Paulo P

iTrader: (42)

If you only owned it 2 months he would have to prove that you'd had it repaired in that time and lied I guess. I wouldn't worry about him.

STi wanna Subaru

iTrader: (1)

hey I tried!

GaryCat

When selling a car privately it's always worth giving the buyer a receipt for the money and writing on the receipt "Sold as seen. No warranty given or implied".

It's not strictly necessary but it reinforces the caveat emptor aspect of buying privately.

Dr Hu

You state in opening post that when YOU sold it, you were not aware of any damage existing.

How could YOU have informed HIM of facts you did not know yourself......?

stringvest

thats what i was saying, hence i know i said... not that im aware of

BIG FUD

iTrader: (84)

Another way to deal with this is to pay me a fee and u will not get letters again thats 100% I will get him to send u a sorry letter as well ....

BIG FUD

iTrader: (84)

As long as he never recorded your conversation u can say that no mention of damage was ever talked about full stop end of. Your word against his .

PeteBrant

He has absolutely no comeback whatsoever - Private sale, car was sold as seen. If didn't check the car out properly, it's his look out.

So long as no warranty was implied nor given, he hasn't a leg to stand on.

orbix

I would send him a letter back saying 'your sorry to hear the car has been... blah blah blah' and that like everyone else has said it was sold as seen.
Also mention that in future he may want to hpi a car and if you have any car buyers guides send him these along with the inspection sheets, in fact send him as much **** as you can on buying a car.
End the letter 'I wish you the best of luck with your next car purchase'

davegtt

Not another Internet Warrier

TopBanana

No, don't send anything at all. You may say something he can use against you.