legal action against me . UPDATE AGAIN NEW MAIL 24/09/07 ??

[xpackken]

so i sold project pearl on ebay . the bloke picked her up yesterday he was more than happy with it . ( i wasnt happy selling it thou ). but at about 12am last night i recived an email saying that a drive shaft had fell of the car and he had to have the car recovered and that i had known about it . and i should pay his recovery cost or i will hear from his solicitor . i obviously replied saying i was sorry to hear about that and a knew nothing about it . he then claimed that a garage said for this reason the car was not road worthy and he is saying i sold him a dangerous car . now would i have drove an unsafe car all the way 300 miles to silverstone a week before with my 7month pregnant missis in the car if i knew it was dangerous . no i wouldnt . so i have said i wont pay the cost (£310) .

he is now saying he is taking me to the small claims court. were do i stand .

im fuming tbh because all i did was sell a bloody car i never put an mot on it etc so i could have never been informed it was like that and i dont go looking underneith my cars at bloody driveshafts . so how the fook was i to know . wtf is a capri driveshaft anyway . if he means propshaft its no as if its a bodgeable thing is it .

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Mercedes Benz V Class

[Durham Fiesta]

surely he has no way of claiming from you as you sold the car "as seen" as with all used cars. Its just been unlucky thats its happened when it has, as long as you haven't sellotaped anything together then it will all be ok

[xpackken]

mate thats what i thought as i said to him it could have happened to me but unfortunatly it was him .

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BMW F650CS

[xpackken]

oops posted twice

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Honda VT series

[sebspeed]

i hope you gave him a receipt saying SOLD AS SEEN

[mk2 stu]

tough one mate, stay diplomatic and dont start throwing accusations, if you've sold it and made him sign a "sold as seen" receipt your covered, now lets be honest a driveshaft going happens everyday and doesnt hurt anyone! its unfortuanate but theres nothing he can really do, to be honest it sounds like hes trying it on, its upsetting when you buy a motor and something goes wrong but, hey thats the joy of 2nd hand cars!

[GJUK]

Firstly im sorry to hear about the sellers hassle hes sending your way.

 

Questions:

 

Did you get a receipt signed buy the seller, some document saying something like "car sold as seen" or "sold as project?"

 

Any links to the auctions if thats how you sold it.

 

Did the guy pick it up from yoru address?

 

(i've been here before mate. Dont replay any more to his emails until youve had sound advice.)

 

Cheers

 

Jon

[xpackken]

er well not quite i offered him one but he said dont worry about it . ahhhh is that why people do that .

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ultra sonja seeds

[mk2 stu]

er well not quite i offered him one but he said dont worry about it . ahhhh is that why people do that .

 

[xpackken]

or did i give him one in court he obviously wouldnt show that would he . i dont think he would take it further as it is a genuine thing with buying an old car that things can go wrong .

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Honda FES125 Pantheon

[Durham Fiesta]

always though that was one of the risks of buying a second hand car privately as you have no comebacks . Fair enought if you were a trader , think this bloke is trying it on cos he's pissed off cos the car has broke, or he's trying to pull a fast one

[Tom]

who's to say he was driving the car like a coot and thats why its failed!?

 

fook him mate don't worry about it, shit happens and unfortunately it happened to him. sold as seen

[GJUK]

er well not quite i offered him one but he said dont worry about it . ahhhh is that why people do that .

 

For future, always get a receipt signed by both parties.

 

mk2 stu: - no need for that really, we all make mistakes.

 

Okay,

 

He could be trying it on, maybe there never was anything wrong with the car. You could ask him for photos but its not a great idea I feel at this stage.

 

Neither of you have documents/receipts stating how the car was sold

 

Was it sold on ebay pal?

 

Jon

[xpackken]

this was ihis first email he is also saying that i gave the wrong phone number because i didnt answer it the reason being i was at an anti natal class with the misses

 

 

hi the time is 12 midnight and ive only just got home on a recovery truck but im guessing you knew something would happen to the car as you gave me the wrong phone number.

i pride myself in being a genuine person and i can not believe someone would sell a car with such a fault, the fault being the drive shaft completly went causing me to have to try and get control of the car im going to give you the chance to at least do the right thing and pay the recovery costs if not you will be hearing from my solicitor as im told the car should not of been driven the recovery costs are 311 pounds

Gary

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Spyder Victor

[xpackken]

next one . he can phone my number i court and ill answer that phone is registered to me plus the call times i got proof via nhs that i was in a class at that time . or am i just worring .

 

 

 

 

trust me your not getting away with this, im being nice about this now i have had the car in to a garage today and they have told me the car isn't road worthy hense why i'll be taking legal action ive only asked you for the recovery costs if i take action against you it will be for the repair bill as well im being more than resonable about this only asking you to pay the recovery costs and you say it will cost me more getting a solicitor it wont because with the garage backing me up that the car isn't road worthy and me taking it to small claims court you haven't got a leg to stand on (as the loser pays costs as well), as well as me being able to show you were deceptive about the deal giving wrong phone number details on more than one document. as ive said im only asking for the recovery costs if you want me to go for the whole lot thats fine by me.

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Alternative Medicine Forum

[Tom]

drive shaft 'went' went where? bearing? broke in two? what?

 

let him do it mate, you'll be ok

[over_head_cam]

Shit happens mate. You can't have known about it. Politely tell him you will see him in court. You have done nothing wrong.

[emu]

If the driveshaft( ) 'went' that badly then I would have a guess that it will have been either knocking its backside off or vibrating the car like a washing machine on full spin first. In which case why did he continue to drive the car??

 

I would strongly suggest he is pulling a fast one. He probably put diesel in it and is trying to get you to pay the repair bill for his stupidity .

[Mr Sam]

my bets on he drifted it into a kerb

[GJUK]

Okay,

 

2 options.

 

 

Ooption one. Less hassle but about £100 cost - go and see a solicitor.

 

Option two.

 

The guy is obviously a retard, his wording in the email is level with that of a 6 year old.

 

as well as me being able to show you were deceptive about the deal giving wrong phone number details on more than one document.

 

This is incorrect as you mentioned before.

 

I would be tempted to see a solicitor in your situation. However being there before, I sent and email saying something along the lins of:

 

 

"

Dear *****

 

I have referred your emails to my solicitor XYZ. Please forward all correspondents to this party as I will no longer answer any further email from yourself directly, as my solicitor is dealing with this matter from this moment forth.

 

Regards

 

XYZ

 

"

 

Might be worth trying to call his bluff. - Its how i shook a guy trying to give me hassle.

 

Other opinions?

[GJUK]

my bets on he drifted it into a kerb

 

I agree 100%.

[DaveC]

I would say he is the one that doesn't have a leg to stand on. He should have got it checked out by a garage before buying it, not after the damage was done. Let the buyer beware as the saying goes!

[Fiesta Steve]

My other halfs brother sold a motorbike a while back which needed many repairs, all were very obvious and he sold it cheap for that reason.

 

He later got taken to court and made to pay for all repairs and their was nothing he could do about it.

 

From then on I always write a recept saying;

 

SOLD AS SEEN, WITH ALL FAULTS.

 

If the buyer then signs this, your more than covered.

 

If not, good luck

[GJUK]

I would strongly suggest he is pulling a fast one. He probably put diesel in it and is trying to get you to pay the repair bill for his stupidity .

 

Exactly, but there is a way of telling him how to shove it.

 

See my previous post

 

Jon

[emu]

I would be tempted to see a solicitor in your situation. However being there before, I sent and email saying something along the lins of:

 

 

"

Dear *****

 

I have referred your emails to my solicitor XYZ. Please forward all correspondents to this party as I will no longer answer any further email from yourself directly, as my solicitor is dealing with this matter from this moment forth.

 

Regards

 

XYZ

 

"

 

Might be worth trying to call his bluff. - Its how i shook a guy trying to give me hassle.

 

Other opinions?

 

Dont a lot of solicitors give you the first hour or so free??

 

Worth calling a couple and finding out