Private Sale Gone Bad

[Rg_]

Hi guys the week before last i sold my Scirocco privately to someone. He brought his friend a long who was knowledgeable on cars so it was him who checked it over.

They had done an HPI check, took it for a test drive and where overall really happy. We negotiated the price down as it needed aircon recharging and a service was due.
I had never had any issues with the car in a year of my ownership and it had an MOT on it with no advisories.

Almost a week later he messaged me saying the engine has had a severe mechanical failure and is now a non runner. He is asking for a 50% good will gesture of the total price of what he reckons he has been quoted to fix it with a reconditioned engine at £5000. It had at the start of my ownership new timing chain and tensioner etc and the works.

So he wants £2500 of me and is saying that if he has not heard anything in 3 days he will take his next action.

Anyone had experience with anything like this before? Nightmare!

 

[Spencer]

Has he sent you any type of proof it’s gone bad?

sounds like a scam?
Sold as seen?

 

[Dellmassive]

What was written on the sales receipt you gave him in exchange for the money?

Sold as seen?

Or no paperwork at all?

If its either of the above I'd imagine he would have to go through small claims court..... which will cost him.

I think its classesd as a civil matter?

So I wouldn't worry for now, and wait and see if he starts any legal procedure.

 

[Rg_]

No he has not sent any proof and not even said what it is. He stated that it is at a VW specialist and that he can supply me with the company and engineer dealing with it.

I have not entertained it and have ignored it as it seems like a scam for me to send him money.

And yes it was a private sale sold as seen.

He had the new keepers slip and i sent the log book away the same day.

 

[andys]

Unless anyone on here is a solicitor then you’re asking the wrong people. Book a quick chat with one, they’ll often do the first half hour free, but even if you have to pay for an hour it will be a fraction of £2.5k and you’ll have the peace of mind of having the right answer. Good luck

 

[Salty Spuds]

Scam. He had a test drive & was happy. Who’s to say he hasn’t thrashed the arse off it in the week he’s had it & created the issue himself (if indeed there is an issue at all.) tell him to jog on.

 

[Wills]

Firstly seek confirmation of your rights from consumer protection or a free solicitor chat. I wouldn’t ignore him but would clarify your position based on the response from a professional.
Keep it civil and honest at your end is best.

 

[Daffy]

In law, I think the phrase is ‘caveat emptor’ which means let the buyer beware.

add to this that he brought along an ‘expert’ to inspect the car prior to purchase and I think you have every reason to nicely decline his request. Also do t react unless you get something credible in writing.

You don’t know what he’s done to the car, has he attempted to service the car himself and messed up, has he driven through a flood, has he selected 1st gear at 50mph thinking he was going to 3rd???????

my view is no court in the land will uphold his claim if you ask the right questions, also small claims (below £10K)protect you from his costs.

If he threatens you, inform the police straight away, (& tell him you will/have) that way if he might decide to let it go or if he decides to slash your tyres they have a record of a dispute.

I’m not a lawyer but do occasionally get involved in engineering issues by insurance companies.

 

[Shaun Witts]

Some good advice above. It’s likely that he hasn’t got a leg to stand on, but if his story is legit, then you have to feel a bit sorry for him. Even so, you are not a business that is able to consider a “good will gesture” and, if genuine, it’s just his bad luck that the failure occurred so soon after he bought it.


Reminds me of the time I sold my old Kawasaki KLR650. The guy came 60 miles to view it, test rode it and bought it then rode it home. Then he started phoning up with complaints to which I politely replied that he’d had a good look at it and had taken it for a test ride, and it was sold as seen. Next thing was he said that the engine had blown up and that I had tried to hide a mechanical problem by adding sugar to the engine oil (yes, really) to quieten it down. He had this confirmed by a mechanic at a local garage who he demanded I phone for his opinion. So I did, and yes the mechanic confirmed that there were grains of what looked like sugar in the crankcases. So I asked whether he thought that those grains would still be visible as actual grains after the bike had been ridden for at least 60 miles, or would they have melted/dissolved into the oil? I also asked whether he thought that adding sugar to the engine oil would do anything to quieten mechanical issues? Thankfully I got through to him, because he conceded that he didn’t think I could have put said sugar in the engine. But that didn’t stop the phone calls from the guy that bought it, which eventually escalated into death threats, foolishly left on an answer machine! I still have that tape somewhere.


So while things are unclear, treat the guy with respect and have some sympathy, but don’t feel pressured into admitting any sort of responsibility.

 

[Skyliner33]

Have a read of this thread, your situation is almost a carbon copy.

Sold as seen now buyer wants to return and threatening legal action - MoneySavingExpert.com Forums

 

[True Romance]

Why I haven't sold a car private in years. Just to much hassle even more so in this day and age.

 

[Loz]

I would simply say that they were happy with the test drive and agreed the sale.
The car was in perfect running order and any subsequent damage can only be down to the way he has driven/treated it and beyond your control/responsibility.

 

[kiter]

Had a similar situation when I sold an old suzuki vitara, 4 weeks after it was bought got an abusive telephone call demanding his money back as the gearbox was now in need of replacement. Told him politely it was sold as seen and it was not my responsibility. I did check with citizens advice afterwards and they advised he had no grounds for any recompense and that I should tell him if he wished to discuss the matter further he should speak to my solicitor. They were quite clear that I should not engage in any further direct communication with him either verbal or written beyond this and to seek legal advice if I did receive anything further. Happily I didn't but I wont ever sell a car privately again.

 

[Village]

Unless anyone on here is a solicitor .....

ahem....

Assuming you did indeed state "sold as seen" on the receipt, then he has no case. Sounds like a total scam to me. I'd simply reply saying you have no liability; it was sold as seen. Then wait to see what exactly what his "next action" will be. But i wouldn't fret

 

[BognorMotors]

I'm sure its been answered above, but very basically its SOLD AS SEEN, PRIVATE SALE. No warranty or comeback. Just ignore him, he hasn't got a leg to stand on.

This is why people buy from dealers

 

[Rg_]

Thanks guys, i received a message from his friend who came to look at the car with him. He has written this......


Hello Richard, I just want to give you a bit of background re Nigel who purchased your car. Nigel is 60 years old and has fallen on hard times when his Boiler Spares company lost some major clients. He now works nights at Sainsburys earning minimum wage. To fund the purchase he cashed in one of his Children's ISAs. With the failure of the engine he has no choice but to repair it and myself and another friend are lending him the money he needs.
He's in a desperate situation and he's trying to reach out to you for some help with the cost. There is no fault being placed on you and I'm sure you sold the car in good faith knowing the engine was ok at the time. You have no legal obligation to help but you seemed like a decent bloke so I'm hoping you will help him out.
Regards

 

[Rg_]

I must admit it has put me off now with private sales selling. I know 2 other people that similar incidents have happened where only a few days later they have messaged saying something is wrong.

Its like they regret there purchase and look for a way to get some money back or change there mind completely .

 

[Salty Spuds]

Thanks guys, i received a message from his friend who came to look at the car with him. He has written this......


Hello Richard, I just want to give you a bit of background re Nigel who purchased your car. Nigel is 60 years old and has fallen on hard times when his Boiler Spares company lost some major clients. He now works nights at Sainsburys earning minimum wage. To fund the purchase he cashed in one of his Children's ISAs. With the failure of the engine he has no choice but to repair it and myself and another friend are lending him the money he needs.
He's in a desperate situation and he's trying to reach out to you for some help with the cost. There is no fault being placed on you and I'm sure you sold the car in good faith knowing the engine was ok at the time. You have no legal obligation to help but you seemed like a decent bloke so I'm hoping you will help him out.
Regards

He forgot to mention his starving puppy & sick grandmother

 

[Rg_]

He forgot to mention his starving puppy & sick grandmother

Exactly! If he was that strapped for cash why take your kids ISA money to fund a car purchase which he was telling me he had already looked at company's for remaps etc when he took it for a test drive.

 

[Salty Spuds]

Exactly! If he was that strapped for cash why take your kids ISA money to fund a car purchase which he was telling me he had already looked at company's for remaps etc when he took it for a test drive.

It could be the remap that’s fooked it. I’d just ignore him & move on. If you engage him, he will just wear you down until you give in. Resist resist resist.......