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

[harris horse power]

well you said you offerd him a reciept and he said no so he is oveosly having you on mtae

 

simon

[lee_capri]

iv only ever had one drive shaft go and thats because i sideswiped a kerb about 30 sq on with wheel and it rip the whole hub off and snapped the shaft i cant see how this has happened mate was he showing off in it and lost controll poss i think, dont pay him mate its hard to prove any-way he sounds a bit of a tit to me has he any-proff as i saw you at ford fair and if the drive shaft was a bout to fall out you would have noticed mate good luck

[mk2 stu]

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

 

Er, did you not read my thread? i was being diplomatic, and thought offering sensible opinions would help!

[James HPE Motorsport]

well if the car wasnt MOT'd when you sold it then A) He must have had it done after he bought it off you and any problems with the car should have been picked up! or he was driving it without an MOT and if he took you to court then he doesnt stand a chance!!!

 

Plus anyway I wouldnt have thought it would be hard to break a half shaft (assuming this is whats broken) that is over 25years old and when it is fitted with 17?! inch wheels and he tried doing a burnout or some other form of showing off!!!

 

Good luck with this mate but i dont think you will need it!

[jimbo]

He doesn't stand a chance. Even if it goes to court, I'm sure you can find someone to argue your case (mechanical engineer/one of the resto pro's on this forum)

 

We all know what it's like. If I'd sold my car a month ago, the new owner would have had to deal with a leaky water pump and subsequent blown head gasket! Luck of the draw.

[xpackken]

recived this today . what shall i do

 

 

 

i'll tell you what i'll do, the repair bill is 150 pounds i got 200 pounds knocked off the price of the car, the recovery come to 311 pounds, if you pay the recovery costs and the repair bill minus the 200 pounds i got off the car i'll settle for that (261 pounds). if not this is the last time im asking, im being more than fair. ive kept all these emails to show that i haven't been at all unreasonable if this goes further. i have to say if the shoe was on the other foot i would do the right thing but hey thats up to you. i'll give you till sunday night to think about this if in that time you still tell me no money fine i start proceedings

just to answer a couple of points you have raised

The responsibility lies with the owner of the car to make sure its roadworthy before he sells it.

As for your phone number its the same on the email you sent me and on ebay when i rang it all i got was a chinese doris who didnt know who i was asking for.

And as for driving for a hour I only got 20 miles away from your house and the AA can confirm this.

I appreciate what you're saying about not being a mechanic and therefore not knowing the car was faulty but now that you have been made aware of this you must realise that it's the sellers responsibility to make sure the car is roadworthy.

_________________

global recession

[flyingbanana]

well has he states he only drove 20 miles...he shouldnt of been driving it if no mot....FULL STOP....i wouldnt even bother replying to his emails....if he wants to then he will...just sit back and wait...until any if any thing happens

[bomber1]

he got £200 knocked off the price of the car? what does that mean. if its only cost him £150 to fix wtf is his problem. its an old car they all need work wether u pay £50 or £11000.

[Cookie]

There's a lesson here for everyone, don't matter how nice the other party seem at time of deal, never take it as a concerete that it won't turn sour afterwards.

 

I have been in this situation a few times m8, at the end of the day in this very situation where a car has been bought with no mot I would tell him to get on his bike, if it had mot and was sold as a roadworthy car i would look into the legal aspects as the courts in this land are all arse backwards to statrt with, wich does'nt stand you in a good stead to start with. basically no mot means that the vehicle was not sold in a roadworthy condition to start with so no worries, if it was mot'd go to cab or a free solicitor to get solid 1000% advice or just bite the bullet and give him some cash back and take it as a learning curve!

 

Any car sales recipt i ever give now involves signitures from buyer and seller and includes the wording

'Sold as seen, tested and inspected with no warranty given or implied'

and for fooks sake make sure you keep the fully signed copy

 

 

 

Hope it sorts itself out for you m8

[Stu_B]

Screw him, If he wants to take it further he's stupid! I'd rather be in your position than his should it go to court! If you bought a car from a reputable garage & got down the road & it broke you wouldn't have a leg to stand on unless you bought it with an agreed warantee period! He bought a 2nd hand car....you take your chances whether it cost you £150 or £1500!!

[Mick The Cabbie]

recived this today . what shall i do

 

 

 

i'll tell you what i'll do, the repair bill is 150 pounds i got 200 pounds knocked off the price of the car, the recovery come to 311 pounds, if you pay the recovery costs and the repair bill minus the 200 pounds i got off the car i'll settle for that (261 pounds). if not this is the last time im asking, im being more than fair. ive kept all these emails to show that i haven't been at all unreasonable if this goes further. i have to say if the shoe was on the other foot i would do the right thing but hey thats up to you. i'll give you till sunday night to think about this if in that time you still tell me no money fine i start proceedings

just to answer a couple of points you have raised

The responsibility lies with the owner of the car to make sure its roadworthy before he sells it.

As for your phone number its the same on the email you sent me and on ebay when i rang it all i got was a chinese doris who didnt know who i was asking for.

And as for driving for a hour I only got 20 miles away from your house and the AA can confirm this.

I appreciate what you're saying about not being a mechanic and therefore not knowing the car was faulty but now that you have been made aware of this you must realise that it's the sellers responsibility to make sure the car is roadworthy.

 

THE GUY SOUNDS A BIT THICK TO ME!

Since when was it the responsibility of a private seller to make sure a car is in a roadworthy condition before being offered for sale? As far as I'm concerned, an old car offered for sale without a current MOT certificate is classed as spares/ repairs or a restoration project no matter how good it may initally look. It should then leave the custody of the seller on a trailer or similar.

A car may be sold by a private seller in ANY condition. There is NO law anywhere stating otherwise. It's up to the buyer to determine if the vehicle is actually in the condition that he/ she is seeking.

He chose to drive the car on the public highway without a current MOT certificate and by doing so was breaking the law. He is the criminal, not you!

To be honest, I'd be very suprised if he was able to gain the interest of a solicitor or the small claims court. They have far bigger fish to fry! This is a petty matter based on pure bad luck.

Fookin hell, I really wish it was me who was having the pleasure of dealin with this 'numb nut'!

[xpackken]

i got the car 4 months ago with 12months mot .

 

so it is motd until march next year ,

_________________

Honda CB250RS

[PIG]

if it had a full years mot on it m8,then forward the address of the old owner to the guy who now has the car,stating you have only had the car this amount of time so it was the person you got it from eho had mot'd it,if he dont like it,tell him f**k off.things happen its called life and this guy should get one imo

[Mick The Cabbie]

Sorry bud, I thought i had read that it wasn't MOT'd. My mistake. It's been a long day... Anyway, I think they do check for play in the propshaft during an MOT but that was 4mths ago. A lot can happen in that time. If he wants to take this matter up with anyone, maybe it should be the MOT test station. I doubt even that would get him anywhere.

I still stand by the rest of what I previously said. I really would not worry. I know that's easy for me to say..

 

I still wish it was me who was having the pleasure of dealing with this foookin idiot! Grrrr

[Jarrodm]

Havn't read the whole post but i've read the important parts.

 

As far as i'm concerned anybody buying an old car for £200 (I gather that was the price ?) Should expect ALOT more than a broken driveshaft !

 

 

People like that shouldn't own old skool cars. They make life hard for the lot of us.

 

It's probably just a case of, it's his first old car and he dosen't understand the nature of them.

 

If he does take you to court all you have to do is sound sensible and explain that anyone with common sense know what the real deal is !!!

 

Good luck, Jarrod

[capritech]

prop-shaft is not part of the MOT.

Did he look over the car when he collected it or did he just bid and then come and drive it off?

[pauln]

Just tell him you will see him in court if he wants to do anything (you won't). Then forget about it. If the tinker lol does contact you again it will be with a reduced demand. I can't remember the latin but it's buyer beware. He would have had more chance coming after you with a personal injury claim so he 's obviously an incompetent fraudster. It's still a pain though and you have my sympathy.

[xpackken]

prop-shaft is not part of the MOT.

Did he look over the car when he collected it or did he just bid and then come and drive it off?

 

may a=i just add he was a concourse vauxhall lad .

 

he bidded 4k won the auction . came viewed kicked tyres moaned about a blemish on the bonnet that was pritty dahn hard to see so out of good will i knocked 200 quid off . then he test drove it personaly with me as passenger . his words yeah its great am just listening for knocks an that but this all seems fine . ill have it .. got back started looking undernieth etc .

 

hour later he drove it away .

_________________

grape ape plants

[Jarrodm]

Oh, i took it by the 200 quid thats what he paid for it.

 

Tell him to Funk off !

 

Jarrod

[Richierich]

Guy sounds like a dick to me! Can't think he actually has a case, as stated its the risk of buying used cars!

 

He's prob just humilliated at breaking down and trying to have a pop at ya!

 

Hope you get it sorted anyways!

[capritech]

So he was happy with it and couldn't fault it after a test drive and a good look over it. I wouldn't loose any sleep over it !! He is trying it on I think!!

[lee_capri]

tell him to pi**off if he won thecar on ebay you want to ask him for the rest of your money its a auction nothing he can do mate same as going to proper car auction once the hammer gos down you own it and you cant knock £200 of the price he needs to get a life a lession to be learned by us all here i think

[bortaf]

Ask him if he knows the meaning of "caveat emptor"

cos this is what it means,

 

New Latin - let the buyer beware

: a principle in commerce: without a warranty the buyer takes the risk

 

[jimbo]

From the CAB Website:

 

http://www.adviceguide.org.uk/index/your_world/consumer_affairs/buying_second_hand_vehicles.htm

 

"Establishing the condition of the vehicle when it was sold

 

An independent report on the vehicle may be able to establish whether the faults are reasonable for a vehicle of its age, price and mileage. A report can be used when negotiating for repairs or compensation, or be used in evidence if the case goes to court.

 

A report will also show where apparently minor faults are symptoms of more serious defects.

 

Independent inspections can be expensive. Many motoring organisations carry out independent inspections so it is worth shopping around for the best price. A report from another garage may not be sufficient if a case comes to court, as it could be argued that they have a vested interest in exaggerating faults to obtain the repair work."

 

So it looks to me that if he wants to prove it in court he has to get an independant inspection. Then the inspection has to find that the occurence of the fault is unreasonable. I don't have the expeience myslef, but judging by what everyone else says on here. This kind of faul tisn't unreasonable for the car.

 

If he drove it and was happy with it (and let's face facts, who wouldn't test drive a car) then it must have been in good nick.

 

20 miles from your place. That's just about the time where you'd really be starting to say "Let's see what this baby can do then". Probably about the sort of time where you smash the back end of a kerb.

 

If he's has repairs done, there's no way an inspector could investigate now. So he might've shot himself in the foot, when it comes to proving the fault. He might also have had work done to hide other contributing factors. (Like a wheel that's hit a kerb)

 

In addition to the above:

 

http://www.consumerrightsexpert.co.uk/YourRightsInInternetAuctions.html

 

"The general rule with private seller auctions sites is caveat emptor - let the buyer beware - which means you're on your own. But a site like eBay does have some basic rules. For example, they insist that a seller has to deliver an item if he accepts payment, he can't significantly misrepresent an item, and has to accept payment at the end of a sale. Additionally, if his listing includes the Paypal logo, then the seller must accept all Paypal payments, including credit cards."

 

Stuff him! You sold the car in good faith, and the onus is on him as the buyer to be sure what he's getting for the money.

 

Hang in there.......

 

Jim

[over_head_cam]

Don't panic. Just reply like I said before, that you will take all of this under advisement from a professional legal source. Then wait.

 

 

In the meantime give the CAB a ring and see what they say.

 

But like I said, don't let it worry you. It sounds to me like he's pissed off that he may have missed a potential problem with the car (it happens) and his ego has a big dent in it.