advice needed

[metalhead172]

Hi all

Recently sold my clio sport to a trader....privately from my own home (the trader sent someone to check and collect the car) i have the sold as seen paper work which is signed

that was 2days ago


today the trader calls me saying the power steering pump has failed and he wants money to replace it or i have the car back

failing to comply with this he will take legal action against me for selling a unroad wourthy car..


i'm really worried as my father in law has suffered a heart attack and i dont want to be dealing with this right now

should i explore my legal options or pay a contribution to the repair costs


any help or advice would be great

 

[Revels]

Sold as seen. Tell him to get fucked.

He's just trying to scare you. Private sellers aren't responsible for anything.

 

[Silent_Scone]

How professional of him

As Revels says he's just trying his luck..tosser.

 

[Budgie]

As above.

You buy it how you see it.

Draft a reply stating that you can't be accountable for how he may have treated the car whilst in his possession.

He won't take legal action, it'll cost him 4x as much to do that as it will for him actually get it fixed.

Actually, while you're speaking to him, give him my details- i'll sell him a pump, lol.

 

[plymcl172]

What a toss bag ! As above private sellers is sold as seen. Cheek of it !

 

[Jamie_182]

as above.

as far as you were concerned the car was in a condition he was satisfied with when he bought it, hence him signing for it sold as seen.

just tell him your not prepared to pay anything towards it and that if he wishes to take legal action the so be it, he wont get anywhere with it though.

 

[R-Sport.]

Sold as seen

Not me BTW

S

 

[MartinR]

Sold as seen. Tell him to get f**ked.

He's just trying to scare you. Private sellers aren't responsible for anything.

^^ lol i couldn't have put it any better myself

 

[metalhead172]

Thanks guys

He kept telling me on the phone that sold as seen dosen't make a difference and means nothing...

caught me off guard really, we are all in a state of shock over my father in laws heart attack

within a hour or two of selling the car its was on his website for almost a grand more

 

[Revels]

As good as my advice is don't do it because he'll probably keep going on.

"I have spoke to the Citizens Advice Beareu and I have been informed that as I am a private seller and I have a receipt that states the car was 'sold as seen' I am not liable for any problems that have arisen whilst the car is in your possession, this is covered under the "Selling cars to dodgy dealers act of 1972" (You might want to check that) if you wish to persue this further then all correspondence will need to done via my solicitor. I have briefed him of the situation and he has all the details if you wish to contact him"

 

[Bren Rogers]

Already been said, sold as seen. He won't take you to court because you will win.

 

[R-Sport.]

Trade sale sold as seen-

Say to the trader within the purchase price he should always budget for unforeseen repairs- thats built into the profit margin-
It was an honest sale & its one of those things-

S

 

[Chip-mk1]

I know for a fact that if a trader tries to say "Sold as seen", its a completely meaningless phrase and changes utterly nothing of your consumer rights, not sure how it works on private sales though.
Unless the receipt says "sold for spare or repair only" or similar to that, I would expect a court would just view "sold as seen" as meaning that it was seen as a working and roadworthy car and therefore should be one, but I do know that private sales are less strongly managed in law than trade ones.

I would definately contact CAB if I were you. If you do then let us know how you get on.

 

[daveski]

Keep this updated when you speak to him.

Sorry about your father in law too, not what you need at a time like this.

 

[metalhead172]

Revels

I kinds thought that a shouting match over the phone gets nothing sorted and everything needs to be in writing

he was was quite threating over the phone and explained he had 25yrs experience of selling cars and basically i had no option other than to pay for the repair of have the car back

i have already sent of the yellow part of the V5 (selling to a trader) to the DVLA

 

[Scott™]

I'd also like to see the update of this. Some people make me laugh. Was it Daniel?

 

[jesus]

He sounds like the kind of person that, if you were buying it from him and the same thing happened, he would not give two s***s.

 

[R-Sport.]

offer to buy it back for a grand less-

S

 

[Silent_Scone]

He sounds like a right prick, I would of just laughed

 

[Chip-mk1]

offer to buy it back for a grand less-

S

Or agree to refund, and when you get there say "ah, that stonechip wasnt on it when I sold it, it needs a respray now, Im going to need to phone the renault main dealer and get a price for a respray and knock that off the price as it occurred while the car was in your custody, im sure you understand" and video his reaction, should be good for "you've been framed" etc im sure.

 

[Chip-mk1]

In all seriousness, I bet the car has no such fault, and he just tries it on like this on every car he buys to try and make more money!

 

[metalhead172]

Really dont need this s**t right now....i always thought that sold as seen had some legal weight behind it

the guy he sent to check and collect the car...didn't even test drive it..he only checked the tyres / and checked the oil and had a quick look around it

he trying to pin it on me for not advising him there was a problem with the power steering pump....

i told him there was a few spots of oil on the garage on the morning, but i thought that was age realated as the car is 11yrs old

 

[metalhead172]

Just had another phone call from him asking whats going...was i going to pay £150 for part...

I replied i wanted to seek advice from the CBS...and he then he kicked off saying he would begin legal procedings straight away and sue me the parts plus fitting plus time

he said the cheapest option was just to pay for the part...i tried to say i wanted to view the car to make sure this was legit...he then told me he was a busy man and didn't have time

in the end i did manage to sort out a time where i could go and see the car...either to take it back or pay for the part in person

no matter how this pans out its been a f**king horrible experience

 

[R-Sport.]

Dont let them bully you-

Go on Pistonheads or Pepipoo ( IIRC) plenty of people on there to advise you- although they will know what to say & what not to say

dont enter into any more conversations with the dealer-

Steve

 

[Chip-mk1]

Talk to CAB before you go anywhere near it, you quite possibly dont actually have to do anything.

Also if its just a small leak, thats not something that stops the car being roadworthy anyway IMHO

 

[NickM5c]

I wouldn't take any more calls from him. He's just trying to screw you for a bit more cash. His mate should've checked the car out before handing over the money so if anything he should be the one paying for a new pump. Just ignore him and if he starts getting nasty get on to the police.

 

[Goodj]

You weren't acting as a trader, SOGA doesn't apply.

 

[Chip-mk1]

You weren't acting as a trader, SOGA doesn't apply.

It does apply, but not the bits specific to traders.
(ie section 14, about "goods must be of satisfactory quality")
All the rest applies though.


According to this site, specifically in the context of a private car sale:
http://www.adviceguide.org.uk/index...#you_bought_the_vehicle_from_a_private_seller

These are the circumstances you can demand a refund on a private car:

• the vehicle doesn't match the description they gave you
• the seller broke a specific contract term
• the seller was actually a dealer posing as a private seller
• the seller did not have good title to the vehicle
• the vehicle is unroadworthy

 

[Donny_Dog]

.

 

[Goodj]

It does apply, but not the bits specific to traders.
(ie section 14, about "goods must be of satisfactory quality")
All the rest applies though.


According to this site, specifically in the context of a private car sale:
http://www.adviceguide.org.uk/index...#you_bought_the_vehicle_from_a_private_seller

These are the circumstances you can demand a refund on a private car:

• the vehicle doesn't match the description they gave you
• the seller broke a specific contract term
• the seller was actually a dealer posing as a private seller
• the seller did not have good title to the vehicle
• the vehicle is unroadworthy

So, in summary, the OP is fine and there's nothing unsder SOGA for him to worry about.

Unless he explicity stated that the power steering system was in top-nick and infallible
Or they're Mike Brewer

 

[Chip-mk1]

So, in summary, the OP is fine and there's nothing unsder SOGA for him to worry about.

Unless he explicity stated that the power steering system was in top-nick and infallible
Or they're Mike Brewer

I believe that to be correct yes, but I am not qualified to give legal advice, hence I am pushing him to the CAB who are.

 

[tanker]

Sounds like a nasty pr!ck, don't give in pal!

 

[Scott™]

Mate please don't crumble. It sounds like your having a really though time of it, but stand your ground.

 

[skiptontweed]

Just tell him to piss off and get himself an expensive lawyer. He won't.

The bottom line is that you probably feel threatened by the guy. If you do feel in any way threatened by his behaviour then report it to the police. Let them deal with him.

He sounds like a horrible little turd and deserves a good b**ch whippin' with a wet towel.

 

[metalhead172]

I know what you are saying about not giving in.. but a used car sales man is the least of my worries and i just looking to resolve this and get on with things

one thing i am affraid of...is that even if i pay for the part what happens next week when he finds something else wrong with the car and tries to threaten me again with legal action


i supposed to be going to sort it out in the morning 1hrs drives plus bridge costs

 

[NickM5c]

Don't do it. If you go there he'll really put the pressure on. Don't phone him, speak to him or see him.

 

[Donny_Dog]

I know what you are saying about not giving in.. but a used car sales man is the least of my worries and i just looking to resolve this and get on with things

one thing i am affraid of...is that even if i pay for the part what happens next week when he finds something else wrong with the car and tries to threaten me again with legal action


i supposed to be going to sort it out in the morning 1hrs drives plus bridge costs

Do not do anything. Turn your phone off and deal with the more important issues.
You do not have to attend to sort anything out. There is fcuk all he can do - this is one of the classic bully tactics. Happened to me a few years ago, just ignored the calls.

 

[Donny_Dog]

Don't do it. If you go there he'll really put the pressure on. Don't phone him, speak to him or see him.

Here here. + 1000000000.

 

[metalhead172]

He already threaten me that he would take this all the way becuase he had loads of money...i could not compete with this

 

[Donny_Dog]

He already threaten me that he would take this all the way becuase he had loads of money...i could not compete with this

It's rubbish mate. Take what where? There is nothing he can do and you do not need to do anything. He is bullying you to suit his agenda, stand firm and/or ignore.