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Blue_Nowhere
Spends far too much time on here
Joined: Thu Apr 23, 2009 8:57 pm Posts: 2220 Location: Here for now...
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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?
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Wed Sep 02, 2015 7:43 am |
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TheFrenchun
Officially Mrs saspro
Joined: Wed Jan 06, 2010 7:55 pm Posts: 4955 Location: on the naughty step
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Did you make sure all paperwork was filed?
Sent from my iPhone using Tapatalk
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Wed Sep 02, 2015 7:59 am |
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Blue_Nowhere
Spends far too much time on here
Joined: Thu Apr 23, 2009 8:57 pm Posts: 2220 Location: Here for now...
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In terms of the V5? Yeah, all sent and evidence of when I sent it (I messaged him the same day).
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Wed Sep 02, 2015 8:03 am |
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big_D
What's a life?
Joined: Thu Apr 23, 2009 8:25 pm Posts: 10691 Location: Bramsche
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Pop along to the CAB?
_________________ "Do you know what this is? Hmm? No, I can see you do not. You have that vacant look in your eyes, which says hold my head to your ear, you will hear the sea!" - Londo Molari
Executive Producer No Agenda Show 246
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Wed Sep 02, 2015 8:16 am |
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Blue_Nowhere
Spends far too much time on here
Joined: Thu Apr 23, 2009 8:57 pm Posts: 2220 Location: Here for now...
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Good idea, I'll have a search of their website.
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Wed Sep 02, 2015 8:23 am |
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saspro
Site Admin
Joined: Thu Apr 23, 2009 5:53 pm Posts: 8603 Location: location, location
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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
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Wed Sep 02, 2015 8:36 am |
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bobbdobbs
I haven't seen my friends in so long
Joined: Thu Apr 23, 2009 7:10 pm Posts: 5490 Location: just behind you!
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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
_________________Finally joined Flickr
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Wed Sep 02, 2015 8:46 am |
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davrosG5
I haven't seen my friends in so long
Joined: Fri Apr 24, 2009 6:37 am Posts: 6954 Location: Peebo
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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
_________________ When they put teeth in your mouth, they spoiled a perfectly good bum. -Billy Connolly (to a heckler)
Last edited by davrosG5 on Wed Sep 02, 2015 8:53 am, edited 1 time in total.
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Wed Sep 02, 2015 8:50 am |
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veato
I haven't seen my friends in so long
Joined: Fri Apr 24, 2009 7:17 am Posts: 5550 Location: Nottingham
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He has no recourse. Tell him to [LIFTED] off and call the police.
_________________Twitter Blogflickr
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Wed Sep 02, 2015 8:51 am |
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Blue_Nowhere
Spends far too much time on here
Joined: Thu Apr 23, 2009 8:57 pm Posts: 2220 Location: Here for now...
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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.
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Wed Sep 02, 2015 9:00 am |
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cloaked_wolf
What's a life?
Joined: Thu Apr 23, 2009 8:46 pm Posts: 10022
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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.
_________________ He fights for the users.
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Wed Sep 02, 2015 9:33 am |
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oceanicitl
Official forum cat lady
Joined: Fri Apr 24, 2009 8:04 am Posts: 11039 Location: London
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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.
_________________Still the official cheeky one 
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Wed Sep 02, 2015 9:58 am |
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jonbwfc
What's a life?
Joined: Thu Apr 23, 2009 7:26 pm Posts: 17040
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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.
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Wed Sep 02, 2015 3:44 pm |
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l3v1ck
What's a life?
Joined: Fri Apr 24, 2009 10:21 am Posts: 12700 Location: The Right Side of the Pennines (metaphorically & geographically)
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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.
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Thu Sep 03, 2015 8:08 am |
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Zippy
Spends far too much time on here
Joined: Thu Apr 23, 2009 6:20 pm Posts: 3838 Location: Here Abouts
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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!?
_________________The Official "Saucy Minx"  This above all: To Thine Own Self Be True "Red sky at night, Shepherds Delight"..Which is a bit like Shepherds Pie, but with whipped topping instead of mashed potato.
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Thu Sep 03, 2015 2:14 pm |
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