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

[beedz]

hope that makes him see the light mate

 

worst case scenario now is that he replies with all of the info

 

but let's face it, sounds like a great sweaty load of £&%$&" , and even if it wasn't it was his responsibility to ensure his car was roadworthy.

 

quote from the AA:

 

If you buy privately, you won't be protected legally if the car doesn't come up to scratch. It's up to you to ask the right questions and have the car thoroughly inspected before you buy.

 

Safeguards Essentially it's a case of 'Buyer Beware'. As the onus is on you to make sure the car is sound, it's a good idea to get an independent engineer to give the car a thorough mechanical inspection.

 

Hidden past Then, there are past owners to consider. You could opt for an AA Car Data Check, which will let you know if there's outstanding finance on the car, or even if it has a shady history.

 

Your legal rights are limited and unscrupulous dealers often masquerade as private sellers, so beware.

 

The only legal terms that cover a private sale contract are:

 

 

the seller must have the right to sell the car

the vehicle should not be misrepresented

it should match its description:

for example, if the ad states that there is a valid MOT, there should be a valid MOT.

[GJUK]

I think that should do the trick - i dont think you will hear from him again

[antz]

good luck sorign it ken!

 

when i bought my escort they told me that you had to jump start it when it was left for a few days....found out it was a dry battery!...no acid! ....i didnt go crying back to the person who sold me it. it was my car now so my problem!

 

the guy is been a tinker lol!

[DeanMk1Capri]

Heard anything else from this fool mate?

[bmxdave]

He had the cheek to go round and look at the car AFTER bidding on it.

 

To me that says hes an idiot and is having second thoughts.

 

If hes lost a shaft i believe although its a slipper hed loose drive altogether.

 

If it goes to court id be more then happy to come along and back you up, ive got the qualifications to back me up.

 

You should ask him to bring the car to you to be proffesionally inspected, but say your staying with family for a while down south (if youve got cousins etc etc blag that) and explain that its for your defense and that all cost will be recovered in court if he wins. He may well shit his pants at that point. If he has repaired the car hes fooked because the car is in a repaired state.

 

At the end of the day though, its his problem, he bought it. He drove it. If it was fooked you wouldnt have let him test drive it.

[DaveH]

Even if he took you to the Small Claims Court (he'd lose), it is no big deal.

 

It's not a court like you see on TV, usually just a judge and a clerk.

You don't even need to attend in person if your defence is tight.

 

As for costs, a court will dismiss any unreasonable claims for solicitors costs as the syastem was designed to be reasonably cost effective (but not hassle free, unfortunately).

 

If he does supply the information you have asked for, you have everything you need to provide a defence if the muppet tries to carry on.

 

AA recovery sheet will have the mileage at the point of recovery.

 

Keep us posted if there are any new developments.

[RATSPORT]

I doubt any solicitor would take this on - he would know hes got no chance of winning.

[jimbo]

Any more news from your claimant (or his lawyer)?

[Conor]

He had the cheek to go round and look at the car AFTER bidding on it.

 

To me that says hes an idiot and is having second thoughts.

 

 

Not really. Under Ebay rules, you are not obliged to buy the item or are entitled to a refund if it is not as described.

 

So if I describe my Capper as rot free but the rear arches are shot, the winner can quite rightly walk away under Ebay rules.

 

To be honest, I'd also walk around it and make sure I was getting what was described.

[Conor]

I THINK YOU MAY BE IN TROUBLE.

 

Here's why.

 

You sold it through Ebay. Ebays rules say that if the item isn't as described, the buyer is entitled to a partial or full refund.

 

In your auction description, your own words are:

 

"only things wrong is .

 

the heater is broke . "

 

and

 

"runs and drives without fault no noises etc ."

 

Clearly that wasn't the only thing wrong and, as any solicitor would tell you, a stupid thing to put on a listing as you're leaving yourself wide open. What others are spouting on in here about "Sold as seen" and all that the round ones is irrelevent as the sale is covered both by Statutory Law as a private sale would be but more important, Contractual Law due to it being sold via Ebay. In other words you sold the vehicle, with the bits I posted in the listing, under Ebays terms and limitations.

 

All he needs to do is to find a solicitor remotely competent in contract law and you've not got much of a leg to stand on IMO. Whilst a "reasonable person" wouldn't expect a 20+ year old car to be completely devoid of faults, from the auction description they could reasonably expect it to be free of a serious fault such as the driveshaft popping out.

[Jeb]

So after he's checked it over, decided it's how it was decribed and paid and driven off, surely he can't be under that ebay rule, as he allready took it.

 

It probably did run without fault, or noise. Does'nt stop it from doing so in the near future.

[Rick]

until you get an official letter from his solicitor or representitive...

 

fook him.

 

buying a second hand car has been hit and miss since the wheel was invented, you should assume theres work to be done at a later date if not obvious at first sight.

 

i wouldnt even give him a response from now on,

 

let him do what he wants to do

[bigdaz27]

he is taking the piss he has no legal rights at all when seling a USED CAR Private sale it is the buyers resposabilaty to look over the car if he has missed somthing then it is his problem this is why if your not sure what you are looking at then find some one who dose tell him if he wanted a gurantee then he should buy a car from a dealer next time and if he dosent stop contacting you then you will kick his arse to his sholder blades

[FredTransit]

As the last reply from Ken to this was August last year, are we to think the buyer has given up? For what it's worth I agree with the other posters that say buyer beware. It's a private sale, the buyer test drove the car and was happy enough to pay for it and drive it away. It's his car, his problem. In Ken's place I would say fook him.