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Sold a car it broke buyer wants a refund



  Clio 182
Just after some advice really I sold my Mini Cooper s 05 reg about 5 weeks ago to get a 182 since then never heard from the person who bought it. But tonight that person called around to tell me that the head gasket had gone on it and that it’s going to cost £800 he firstly asked me to pay half the repairs but I had seen this man driving it around town like he’d stolen it a couple of times! Anyway I said no I’m not paying for a car I sold over a month ago and he told me he’d taken it to a place I took it to for a service and was told by the mechanic that he’d told me their was a small leak in the supercharger and that I’d failed to mention that upon sale but I can’t recal the mechanic saying that to me and even if I did he’s had the car 5 weeks and I’ve seen the way he drives it! Why should I pay anything?
Anyway he’s taking me to court apparently for a full refund so just looking for some advise as it’s stressing me out. Thanks
 
  Clio 182
hahaha good luck taking you to court!
He has no recourse whatsoever providing you aren't a trader.

If he'd had it 3 days then fair enough id be pissed too, but 5 weeks. Id tell him to f**k right off.
Exactly my argument he keeps saying he has rights within a 30 day period!! I’m a private seller lol
And yes 5 weeks and no word from him but he’s telling me he’s tried coming to see me a few times before.
 

MRBILLYUK

ClioSport Club Member
  FF Jeden Osiem Dwa
As others have said . I wouldn't worry about being taken to court . 5 weeks of him ragging it , it's his problem.
https://www.which.co.uk/consumer-ri...re-my-rights#second-hand-car-bought-privately
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 it’s been in an accident, the owner mustn't tell you it hasn't.
Car faults and history
If you're buying from a private seller, the onus is on you as the buyer to ask all the right questions before making the purchase.

The seller doesn't have to volunteer extra information so, if you don't ask questions, you may not have the full picture of the car's history or be aware of any potential faults.
 
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  Clio 182
As others have said . I wouldn't worry about being taken to court . 5 weeks of him ragging it , it's his problem.
That’s what I said to him. He’s obviously cooked it! He obviously denied it was him I saw going throug a red light and over taking in a 30 zone
 

MRBILLYUK

ClioSport Club Member
  FF Jeden Osiem Dwa
That’s what I said to him. He’s obviously cooked it! He obviously denied it was him I saw going throug a red light and over taking in a 30 zone
If he'd only had the car a couple of days and it went titsup It's possible he might be able claim you sold him a faulty car and that you'd partially share the cost of the repair. As he's had it 5 weeks , obviously with no problems or he'd have contacted you sooner then he wouldn't have a leg to stand on.
I wouldn't worry about it mate . Let him make his threats about court. I'm sure if he contacted Citizens advice they'd pretty much tell him the same.
 
  Clio 182
If he'd only had the car a couple of days and it went titsup It's possible he might be able claim you sold him a faulty car and that you'd partially share the cost of the repair. As he's had it 5 weeks , obviously with no problems or he'd have contacted you sooner then he wouldn't have a leg to stand on.
I wouldn't worry about it mate . Let him make his threats about court. I'm sure if he contacted Citizens advice they'd pretty much tell him the same.
If he'd only had the car a couple of days and it went titsup It's possible he might be able claim you sold him a faulty car and that you'd partially share the cost of the repair. As he's had it 5 weeks , obviously with no problems or he'd have contacted you sooner then he wouldn't have a leg to stand on.
I wouldn't worry about it mate . Let him make his threats about court. I'm sure if he contacted Citizens advice they'd pretty much tell him the same.
yep! As far as I’m concerned it was running and the head gasket had not gone 5 weeks have passed and only now I’m being told the head gasket has gone and I’m obliged to pay half of the repairs.
I can’t see how that is in anyway my problem.
 

Ol’ Tarby!

ClioSport Moderator
Yeah he's just trying it on. I had the same when I sold my last MPS. The guy contacted me about 6 weeks later asking for 800 quid for "repairs"
Nope.
 
  Clio 182
I just spoke to the mechanic and the only leak he told me about was from the thermostat housing I had that replaced and it was working fine. He’s had it 5 weeks probably driven it hard for the majority of not all the time and he’s fucked it lol so no he won’t be getting a penny! Thanks for all your comments!
 

deanoE30M3

ClioSport Club Member
If you’re not a trader you’ve got nothing to worry about..

How would you know the charger was leaking if you’re not a mechanic or the head gasket was gone if it showed no sign of it..

Don’t worry don’t give him a penny!
 
  Ph2 172, 106 Rallye
Don't be too rude about it if you see this geezer about quite often. He sounds like the type that wouldn't think twice in damaging your property if he was pissed off.

Did you meet him at your house for the sale? Just look after yourself first, it's easy a load of forum people telling you to tell him to f**k off, but in reality that can lead to repercussions. At least that's how it goes over here.
 
  Clio 182
Don't be too rude about it if you see this geezer about quite often. He sounds like the type that wouldn't think twice in damaging your property if he was pissed off.
No I’ve been more than polite with him and he hasn’t threatened anything like that and I have no intention to piss him off further and yes unfortunately I sold it from my doorstep as I had nothing to hide.
He’s definitely coming acrosss as the sort of person that might take the law into his own hands not to hinge a book by its cover but he’s from a rough area of town he dresses like a yob and is Irish (slightly worrying) so yeah for now he’s going down the legal route (apparently) so we’ll see.
Did you meet him at your house for the sale? Just look after yourself first, it's easy a load of forum people telling you to tell him to f**k off, but in reality that can lead to repercussions. At least that's how it goes over here.
 
  Clio 182
Don't be too rude about it if you see this geezer about quite often. He sounds like the type that wouldn't think twice in damaging your property if he was pissed off.

Did you meet him at your house for the sale? Just look after yourself first, it's easy a load of forum people telling you to tell him to f**k off, but in reality that can lead to repercussions. At least that's how it goes over here.
i was more than polite to the man and to be fair he hasn’t threatened me with that just the legal rout as of now but I never like to judge s book by its cover but he is from a rougher part of town he’s Irish and dresses like a yob lol so we’ll see unfortunately he did but it from my house but I had nothing to hide,
 
  Ph2 172, 106 Rallye
Aye, I'm Irish, hence the 'at least that's how it goes over here' line lol. Everybody knows someone over here and it just isn't worth making enemies over trivial matters.

Always meet people away from your house when making a sale. I often do it outside police stations or on garage forecourts where there's lots of CCTV. Better to be safe.
 
  Ph2 172, 106 Rallye
Also, you're well within your rights to tell him to do one. It was a private sale and the damage was unknown to you previously.

I had a friend buy a Impezza from a questionable guy, everything checked out, paid cash and on the way home (giving it a bit) it blew the engine. The previous owner had filled it full of headgasket sealant and removed the thermostat. My friend went to his solicitor about the matter after the guy wouldn't answer his phone and the solicitor said he was better taking the loss as it would cost just as much in court fees if he lost the case. He ended up putting another engine in it and paying for it all himself.
 
  Clio 182
Aye, I'm Irish, hence the 'at least that's how it goes over here' line lol. Everybody knows someone over here and it just isn't worth making enemies over trivial matters.

Always meet people away from your house when making a sale. I often do it outside police stations or on garage forecourts where there's lots of CCTV. Better to be safe.
yeah think I will in future yeah I’m quarter Irish so I’m no way am I slaying the Irish but a lot of the Irish around here are from traveling backgrounds but he has a house i now we’re he lives so I should be ok I think he’s clutching at straws tbh he tried pleading poverty saying it’s near Xmas and that if I had a heart I’d help him lol
 
  Clio 182
Also, you're well within your rights to tell him to do one. It was a private sale and the damage was unknown to you previously.

I had a friend buy a Impezza from a questionable guy, everything checked out, paid cash and on the way home (giving it a bit) it blew the engine. The previous owner had filled it full of headgasket sealant and removed the thermostat. My friend went to his solicitor about the matter after the guy wouldn't answer his phone and the solicitor said he was better taking the loss as it would cost just as much in court fees if he lost the case. He ended up putting another engine in it and paying for it all himself.
also my clio I’ve had for 4 weeks has now got its engine light on lucky it’s only the lampba sensor but I’m not going to ask the previous owner to pay for I just gotta accept it!
 
  Ph2 172, 106 Rallye
No offence taken man, we have a reputation for a reason lol. Albeit, not all of us are that way inclined. I'd do anything for an easy life.

Exactly. Some people like to chance their arm. Tell him that you're sorry that it happened but it's nothing to do with you anymore, and if he wishes to take it to the small claims court that's understandable and you'll see him there. It won't go to small claims court as that costs more money.
 

davo172

ClioSport Club Member
  TCR'd 172
Aye, I'm Irish, hence the 'at least that's how it goes over here' line lol. Everybody knows someone over here and it just isn't worth making enemies over trivial matters.

Always meet people away from your house when making a sale. I often do it outside police stations or on garage forecourts where there's lots of CCTV. Better to be safe.
Can't see anyone wanting to Buy a car not at sellers address and he can get you address when logbook comes thru anyway.
 

The Exterminator

ClioSport Club Member
yeah think I will in future yeah I’m quarter Irish so I’m no way am I slaying the Irish but a lot of the Irish around here are from traveling backgrounds but he has a house i now we’re he lives so I should be ok I think he’s clutching at straws tbh he tried pleading poverty saying it’s near Xmas and that if I had a heart I’d help him lol
?Offer to buy it back for 25% what he paid. Seems a generous solution so close to Xmas.
 
  Clio 182
Can't see anyone wanting to Buy a car not at sellers address and he can get you address when logbook comes thru anyway.
Well I sold it on my doorstep under the impression the car was fine which 5 weeks ago it was so it’s all on him.
Like I said every time I’ve seen the car around it’s been driven like he’s stolen the thing! And he’s blown it up unfortunately it’s easy done on those supercharged engines!
 
  Clio 182
No offence taken man, we have a reputation for a reason lol. Albeit, not all of us are that way inclined. I'd do anything for an easy life.

Exactly. Some people like to chance their arm. Tell him that you're sorry that it happened but it's nothing to do with you anymore, and if he wishes to take it to the small claims court that's understandable and you'll see him there. It won't go to small claims court as that costs more money.
that’s good to hear some of nicest most charming and funniest people I’ve ever met have been Irish in general oli think there great people! This one however isn’t and yes I think he is a chancer that just can’t agford the bill.
I don’t see how I should pay future mechanical bills on a car I don’t own and haven’t pwned for several weeks now.
Also if I did pay for half the head gasket what happens if then he continues to rag it and something els goes wrong am I liable for that to? Haha I’m half expecting him to come back telling me the tyres are now bold!!
I’d love to look at the trip computer and see his recent mpg etc.......
 
  Clio 182
that’s good to hear some of nicest most charming and funniest people I’ve ever met have been Irish in general oli think there great people! This one however isn’t and yes I think he is a chancer that just can’t agford the bill.
I don’t see how I should pay future mechanical bills on a car I don’t own and haven’t pwned for several weeks now.
Also if I did pay for half the head gasket what happens if then he continues to rag it and something els goes wrong am I liable for that to? Haha I’m half expecting him to come back telling me the tyres are now bold!!
I’d love to look at the trip computer and see his recent mpg etc.......
sorry for the typos I’ve not got me glasses on lol
 

R3k1355

ClioSport Club Member
Driving like that how do you know he's not smashed it up a kerb or over too many speed humps?
He said the headgasket has gone, but what if he drove it into a post and wants a new front end?
 
Can't see anyone wanting to Buy a car not at sellers address and he can get you address when logbook comes thru anyway.
Is that still the case?

I thought I read that DVLA no longer printed the previous owner's details on the new V5s because of GDPR regulations, and had stopped giving out the lists of previous owner details that they apparently used to give out if one requested them.
 


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