jacko198
Member
Registered: 1st Mar 07
Location: Buckinghamshire
User status: Offline
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Sold my car on Monday. Showed the guy arround it pointed out the EML comes on occasionaly, and he took it for a test drive. All running good he was happy with it and I was happy to sell it with no problems.
On his way home it broke down. Turns out the cambelt has slipped and caused some damage.
He is phoning and texting me saying he has taken legal advice and "Suggest you text back mate before i start going down the legal route ive spoke to a solicitor allready and ive been told to get my money back as "sold as seen" means nothing a car is sold for a purpose which it does not do"
I sold it "sold as seen" he was happy with it and we both got a copy of the same receipt.
Where do I stand?
The cambelt was done by a friend of mine not a garrage, using the proper tools etc. I told thr guy who bought it that he had done it and I only had a receipt for the parts not labour.
The belt had been done a couple of months back but we didn't do the dephaser. Ran it for 8k absolutely fine no problems, took it back to him to get the dephaser sorted 2 weeks ago. Put brand new belts on it and put it all back together using the same tools as last time. I have done 1k since it was done
Anyone up on this? Not sure what to do really
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VrsTurbo
Premium Member
Registered: 8th Jun 10
User status: Offline
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Private sale. nothing can be done. But to be honest i would be ringing the garage that did it as it could be an issue with the workmanship.
Edit: He could of been ragging the tits off it etc in the drive home etc. With a dealer its different.
Just seen it was done by a mate whoops. Brett iirc had an issue with his sale of an A3 just ignore it.
[Edited on 26-09-2012 by VrsTurbo]
[Edited on 26-09-2012 by VrsTurbo]
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Ben G
Member
Registered: 12th Jan 07
Location: Essex
User status: Offline
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He agreed to the sale and your receipt is a contract of that.
Private sellers don't give warranties, hence qhy they're cheaper than dealer prices.
Tell him to do one, he's just trying to scare you into paying for repairs.
Keep all texts though incase he does something to your property.
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Neo
Member
Registered: 20th Feb 07
Location: Essex
User status: Offline
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Caveat Emptor. He would have to prove you knowingly sold him a car with a fault. Tell him to be quiet.
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GTM
Member
Registered: 24th Nov 08
Location: Kingswinford, West Midlands
User status: Offline
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It happend to me. Got a mondeo as a daily hack and the night i got it the cam belt went. Spoke to the guy i got it off and he offered to pay for another engine from a breakers with a years warranty but on the condition that i had to fit it. That seemed fair but tbh he wasnt really obliged to as id asked him when the cam belt had been done and he said in all honesty he didnt know so it was a risk i had took. I dont think you owe him anything. I can understand the guys frustration but i wouldn't worry mate its not your fault really.
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chrisritch
Member
Registered: 2nd Sep 08
Location: Northants Drives: V40
User status: Offline
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Ask him why he is telling you whats wrong with his car?
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Brett
Premium Member
Registered: 16th Dec 02
Location: Manchester
User status: Offline
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From my thread I like steve's comment the best..
Ask him why he's texting you about his car.
EDIT: Oh, that was said above.
[Edited on 26-09-2012 by Brett]
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spencer88
Member
Registered: 6th Oct 08
Location: cornwall
User status: Offline
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quote:
Originally posted by Neo
Caveat Emptor. He would have to prove you knowingly sold him a car with a fault. Tell him to be quiet.
Exactly.
There is a difference between a car developing a fault on the drive home and being sold with a problem.
This is the former. The latter is still ok as long as both the buyer and seller are aware and agree on the fault prior to the sale.
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BarnshaW
Member
Registered: 25th Oct 06
User status: Offline
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to be honest if i got a car and the cambelt failed and fucked the engine driving home i would not be best pleased, you can understand the buyers frustration.
difficult one, legally if sold as seen probably no recourse but morally i can sort of see his point
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chrisritch
Member
Registered: 2nd Sep 08
Location: Northants Drives: V40
User status: Offline
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quote:
Originally posted by Brett
From my thread I like steve's comment the best..
Ask him why he's texting you about his car.
EDIT: Oh, that was said above.
[Edited on 26-09-2012 by Brett]
I couldnt remember who posted it to credit them 
Kudos to Steve
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Mike
Organiser: North West and North Wales
Premium Member
Registered: 20th May 06
Location: nr. Skipton, North Yorkshire
User status: Offline
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Yeah, obviously the buyer isn't going to be pleased but Jacko has no responsibility whatsoever. He had no control over a slipping cambelt, it wasn't a fault at the time of sale. If you sold a phone on ebay and 20 minutes after the buyer turned it on, the screen failed, is that your problem?
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kennySRi
Member
Registered: 12th Nov 10
Location: Lancashire
User status: Offline
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quote:
Originally posted by chrisritch
Ask him why he is telling you whats wrong with his car?
Exactly this.
Hate people who dont understand buying cars privately. If you want warranties go and spend more money at a garage. The guy sounds a dick so more than likely he's going to be giving you some abuse for a while. If you had been driving it with no problems my money would be on him ragging the crap out of it on the way home.
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Corsa_Sport21
Member
Registered: 13th Apr 08
Location: Leven, Fife. Drives : 205 GTi
User status: Offline
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Tell him you have also got legal advice and will be taking action against his solicitor for giving him false information.
Sold as seen will stand up for a private sale, would be a different matter if it was a trade sale.
If i had bought a car and the same happened, i wouldn't even consider contacting the seller. Its not something you know is going to happen in a very short period of time. No warning signs etc so not your problem. Not as if you sold it knowing it was going to happen.
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1L Nick
Member
Registered: 11th Apr 12
Location: Stafford, Staffordshire
User status: Offline
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wat car was it?? because on some engines if belt does slip it doesnt always cause damage
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VrsTurbo
Premium Member
Registered: 8th Jun 10
User status: Offline
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Clio 182
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Corsa_Sport21
Member
Registered: 13th Apr 08
Location: Leven, Fife. Drives : 205 GTi
User status: Offline
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Non interference engines wouldn't have any damage if the belt slips/snaps. Clio engine isn't non interference so will deffo have done some damage.
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craig8
Premium Member
Registered: 31st Dec 04
Location: Glasgow
User status: Offline
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I tend to put on receipts "sold in the agreed working condition with no warranty expressed or implied" when selling a car, your not expecting something like that to go wrong but covering yourself if it does
E36 328
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P1CK4D
Member
Registered: 19th Jun 06
Location: Around Essex Somewhere
User status: Offline
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I don't bother with reciepts or anything of that nature. Soon as the new keeper has signed that log book it's not my problem anymore. It's their car, not mine. He can't do fuck all, I wouldn't worry.
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jacko198
Member
Registered: 1st Mar 07
Location: Buckinghamshire
User status: Offline
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He is texting me saying he is coming down to my work to get his money back.
Asked him how and he said "I'll get it back one way or another"
Keeps saying he is on the way down.
Dunno what to do really. I have told him to get some legal advice and get back to me. But he seems to think I'm cocky about it.
Told him that no one can predict that happening. I got the belt done to sell it, have done 1k and it's been fine.
He said "What so you rekon a court would believe you didnt no about it when less then what 20 miles later it had blown up dont think so.. I dont give a fuck what it cost you.. Pay for the fix give me all the money back or go to court"
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VrsTurbo
Premium Member
Registered: 8th Jun 10
User status: Offline
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Let him take you to court. You would win even if it did get that far. He test drove it was happy with it. Just ignore it seriously.
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Ryan
Member
Registered: 23rd Jun 08
User status: Offline
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Go to court then...
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flybikeslee
Member
Registered: 2nd Jan 07
Location: Liverpool
User status: Offline
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tell him to fuck off, the v5 still to formby? send me his number...and everyone else in his phone book. you got his address? we can all play the threat game
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Steve
Premium Member
Registered: 30th Mar 02
Location: Worcestershire Drives: Defender
User status: Offline
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internet commandos aside, id text him back saying that he isnt getting his money back, you are sorry for whats happened but unfortunately you are not responsible for it, and that you are logging all aggressive communications for the police to deal with
[Edited on 26-09-2012 by Steve]
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Ian
Site Administrator
Registered: 28th Aug 99
Location: Liverpool
User status: Offline
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Legally he's going nowhere.
I'd probably log the harassment just so if he does turn up anywhere you've got some form.
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adiohead
Member
Registered: 28th Sep 01
User status: Offline
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Jacko, you need backup? I'm in Bucks and will fight to the death for you
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