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Advice please - sold my car and....
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Author:  Blue_Nowhere [ Wed Sep 02, 2015 7:43 am ]
Post subject:  Advice please - sold my car and....

So I sold my car just over two months ago to purchase my new car. Car was sold privately through a Facebook group, cash paid and used to pay for my new car.

Today I've recieved a message from the new owner saying there's a problem with the car, that it's a result of having little, no, or bad oil in the engine and that it's essentially uneconomical to fix. That he wants his money back and that if I don't respond to his message in a couple of days, he will call the police to send the car back and get his money. Now obviously he's not getting his money back, I had no idea there was an issue with the car, and even had it checked out before I sold it. I also know the police won't assist him as it's a civil matter.

My question's are: should I even respond to his message? What should I do if I'm contacted through a civil case?

Author:  TheFrenchun [ Wed Sep 02, 2015 7:59 am ]
Post subject:  Re: Advice please - sold my car and....

Did you make sure all paperwork was filed?


Sent from my iPhone using Tapatalk

Author:  Blue_Nowhere [ Wed Sep 02, 2015 8:03 am ]
Post subject:  Re: Advice please - sold my car and....

TheFrenchun wrote:
Did you make sure all paperwork was filed?


Sent from my iPhone using Tapatalk


In terms of the V5? Yeah, all sent and evidence of when I sent it (I messaged him the same day).

Author:  big_D [ Wed Sep 02, 2015 8:16 am ]
Post subject:  Re: Advice please - sold my car and....

Pop along to the CAB?

Author:  Blue_Nowhere [ Wed Sep 02, 2015 8:23 am ]
Post subject:  Re: Advice please - sold my car and....

big_D wrote:
Pop along to the CAB?


Good idea, I'll have a search of their website.

Author:  saspro [ Wed Sep 02, 2015 8:36 am ]
Post subject:  Re: Advice please - sold my car and....

Check with the CAB but private sale so no comeback unless there he could prove fraud (which it isn't so he can't).

He had the chance to get it checked out beforehand so it's up to him

Author:  bobbdobbs [ Wed Sep 02, 2015 8:46 am ]
Post subject:  Re: Advice please - sold my car and....

What sapporo said but if you do correspond with him make it polite and courteous.
Though the temptation to email back and say hard cheese then a wav file of an evil cackle might be difficult to resist

Author:  davrosG5 [ Wed Sep 02, 2015 8:50 am ]
Post subject:  Re: Advice please - sold my car and....

How did you have the car checked out before you sold it? Did you get any sort of report?
In any case as I understand it he or she can bugger off if it's a private sale. The should have got their own survey before money was handed over.
The only way I would think they'd be able to pursue a civil case would be if there was malicious intent or active deception on your part which I assume there wasn't.

Bit basic but some info here - Which?
Also - CAB

Author:  veato [ Wed Sep 02, 2015 8:51 am ]
Post subject:  Re: Advice please - sold my car and....

He has no recourse. Tell him to [LIFTED] off and call the police.

Author:  Blue_Nowhere [ Wed Sep 02, 2015 9:00 am ]
Post subject:  Re: Advice please - sold my car and....

Thanks guys, that's put my mind at bit more at ease. Obviously there's still the concern he knows where I live and lives locally but I know legally I'm ok.

There was absolutely no malice or intent to decieve on my part, he's had the car for 2 months now and I have no proof he hasn't caused the damage himself. I'll reply politely later and see how we get on.

Author:  cloaked_wolf [ Wed Sep 02, 2015 9:33 am ]
Post subject:  Re: Advice please - sold my car and....

Blue_Nowhere wrote:
it's a result of having little, no, or bad oil in the engine and that it's essentially uneconomical to fix.

If it's definitely oil starvation, it may be that he never bothered checking the oil levels.
If it was before the sale, he would have the opportunity to have the car inspected eg RAC charge for an inspection to help find faults.
If he'd bought this from a garage they could turn round and said he should have been topping up the oil levels.

Either way I wouldn't respond. Let him make a case for it. Let it fall through.

Author:  oceanicitl [ Wed Sep 02, 2015 9:58 am ]
Post subject:  Re: Advice please - sold my car and....

When you sell a car privately you don't offer a guarantee. When people at work asked why a PC failed in lieu of a better answer I used to say they're like cars and can fail any time.

When you buy a car you take the risk that something may go wrong with it. I've just sold a 17 year old car. When I got the MOT before the sale it only needed new windscreen wipers and the engine to run for a while to pass the emmissions test. Something may go wrong with it but if it does I very much doubt the buyer would come back to me and complain. I gave him a full service history and nothing major ever went wrong with it but it is a 17 year old car!

Hope you sort it out.

Author:  jonbwfc [ Wed Sep 02, 2015 3:44 pm ]
Post subject:  Re: Advice please - sold my car and....

There's a very, very well established principle here - 'Caveat Emptor'. Private sale is 'sold as seen'. If he calls the police they will laugh in his face. He could possibly open a civil case against you but then he'd have to show you intentionally misled him as to the state of the car or somehow sabotaged it between him viewing it and saying for it. Any sensible solicitor will tell him it's not worth the time and effort.

Important point : do not make ANY offer to him, of anything. The moment you do that legally you accept liability for the problem.

Author:  l3v1ck [ Thu Sep 03, 2015 8:08 am ]
Post subject:  Re: Advice please - sold my car and....

Cars are sold as seen. Legally he hasn't got a leg to stand on unless he can prove you deliberately hid a known fault. He can't prove that.

Author:  Zippy [ Thu Sep 03, 2015 2:14 pm ]
Post subject:  Re: Advice please - sold my car and....

Plus, if he bought a car second hand and didn't immediately do an oil change and fluids top-up then he's a numpty! Surely if he's had it 2 months and never done anything about the oil then he's the one who caused the problem!?

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