thesaint sfc Posted 4 August, 2008 Posted 4 August, 2008 I sold my Skoda Fabia to someone last Thursday through ebay. He bought it for £1,350. He is doing a masters degree in mechanics. He took the car out for a test drive and did all the usual checks. He took all the documents - MOT's & everything away with the car and was happy with it. He was given a receipt to show that he had given me the money for the car & I signed it. He has returned to me today & said that when driving to work that evening he went at 65MPH at the car made a lot of noise. He thought that it was a small problem that could be fixed but when he booked it into the garage he was told he needed a new gear box which would cost around £800. He also said when going into town that evening with the car he was pulled over by the police & they said there wasn't enough tread on the tyres and they were illegal and he was lucky not to get 3 points on his licence. The car had been booked into the garage the week before I sold it and it had passed its MOT. About a month before that I had taken it to another local garage complaining that sometimes the car would not immediately go into gear 3. He took it out for a test drive & didn't experience the problem and he put it down to me not putting the clutch right down to the floor every time when changing gear. Anyway, he has come back to my house this evening and is demanding that he doesn't want the car. He wants his money back. He insists that I've conned him out of money & knew of the fault when I sold it. I've said I had no idea about the fault & that it had passed it's MOT the week before he bought it - all of which is true. What should I do?
Saint In Exile Posted 4 August, 2008 Posted 4 August, 2008 I sold my Skoda Fabia to someone last Thursday through ebay. He bought it for £1,350. He is doing a masters degree in mechanics. He took the car out for a test drive and did all the usual checks. He took all the documents - MOT's & everything away with the car and was happy with it. He was given a receipt to show that he had given me the money for the car & I signed it. He has returned to me today & said that when driving to work that evening he went at 65MPH at the car made a lot of noise. He thought that it was a small problem that could be fixed but when he booked it into the garage he was told he needed a new gear box which would cost around £800. He also said when going into town that evening with the car he was pulled over by the police & they said there wasn't enough tread on the tyres and they were illegal and he was lucky not to get 3 points on his licence. The car had been booked into the garage the week before I sold it and it had passed its MOT. About a month before that I had taken it to another local garage complaining that sometimes the car would not immediately go into gear 3. He took it out for a test drive & didn't experience the problem and he put it down to me not putting the clutch right down to the floor every time when changing gear. Anyway, he has come back to my house this evening and is demanding that he doesn't want the car. He wants his money back. He insists that I've conned him out of money & knew of the fault when I sold it. I've said I had no idea about the fault & that it had passed it's MOT the week before he bought it - all of which is true. What should I do? Sold as seen..... Buyer beware.... I'd have thought he'd have no claim against you.
thesaint sfc Posted 4 August, 2008 Author Posted 4 August, 2008 SKODA FABIA 1.9SDI COMFORT REG W*** *** Received the sum of £1350.00 in full payment for the above mentioned vehicle. Sold as seen. Vehicle free of any outstanding finance with full title. The reciept read.
Ponty Posted 4 August, 2008 Posted 4 August, 2008 No fault to you mate, unless you're a trader. It's sold as seen, regardless of the receipt anyway, unless you've actually made a false declaration, and even then it'd be tough to prove. Tell him to naff off, and don't panic if he does get the small claims court involved, there's no way he'd win. I assume he came to look at the car before the end of the auction? If it was after the auction, or after clicking Buy It Now, then he's already entered into the contract before he's even turned up! If it was a classified ad then he should've got it checked properly. Not your problem.
thesaint sfc Posted 4 August, 2008 Author Posted 4 August, 2008 It wasn't sold through ebay as such. He saw the ad - came and viewed the car and gave me the money. I then finished the auction. Bit of a bugger in hindsight, but still don't think he has much to stand on.
exit2 Posted 4 August, 2008 Posted 4 August, 2008 Tell him to naff off and if he wants to pursue it further then tell him to carry on proceedings. Small claims will not even look at it. Especially as 1. He took it for a test drive and looked it over 2. It was sold as seen 3. You sold it in good faith ie with new MOT etc 4. You are not a trader
Ponty Posted 4 August, 2008 Posted 4 August, 2008 Don't panic Mr. Mainwairing. He doesn't have a leg to stand on.
gaz Posted 4 August, 2008 Posted 4 August, 2008 SKODA FABIA 1.9SDI COMFORT REG W*** *** Received the sum of £1350.00 in full payment for the above mentioned vehicle. Sold as seen. Vehicle free of any outstanding finance with full title. The reciept read. Thats the important words that cover your bum. Generally (and legally accepted) at the time the reciept was signed that the condition the item (the car) was presented was deemed OK by the buyer and seller. You can't tell if he knackered the 'box and the tyres by hooning round Maccy D's at 2am (unlikely...but you never know).
Son of Bob Posted 5 August, 2008 Posted 5 August, 2008 Tell him to 'f' off (in the kindest manner of course). If you wrote 'sold as seen' (and he test drove it) then that's what you have done. Just make sure he isn't the type to post a petrol soaked rag through your letterbox! By the way, the MOT has nothing to do with a noisy gearbox. That would not be a failure as it's not covered in the test procedure.
thesaint sfc Posted 5 August, 2008 Author Posted 5 August, 2008 Tell him to 'f' off (in the kindest manner of course). If you wrote 'sold as seen' (and he test drove it) then that's what you have done. Just make sure he isn't the type to post a petrol soaked rag through your letterbox! By the way, the MOT has nothing to do with a noisy gearbox. That would not be a failure as it's not covered in the test procedure. Maybe so but it does intail that I sold it in good faith. I phoned the police & had a meeting at the citizens advice beauru this morning. Both seemed to think he had little to go on and would need to pursue me through court if he wanted to try and get his money back.
CabbageFace Posted 5 August, 2008 Posted 5 August, 2008 He shouldnt have bought a skoda, tool. What sought of mechanic is he if he doesnt check a car out fully, mongloid.
Guest Dark Sotonic Mills Posted 5 August, 2008 Posted 5 August, 2008 'Sold as seen' means bugger all I'm afraid. But he has to prove to a Court that on the balance of probabilities you knew about the faults before you sold him the car. As you are not involved in the motor trade there is no inherent assumption that you are knowledgeable. But the opposite applies to him. The recent MOT is a good indicator that you believed the car was OK (especially the tyres as these are checked for the MOT) He has to prove that you deliberately misled him in order to get the contract rescinded and in all fairness, it's unlikely that he will succeed.
Beckster Von Doodle Posted 5 August, 2008 Posted 5 August, 2008 I had exactly the same problem with a Focus I had. It had stood on my drive for 8 months undriven (apart from when it went for its MOT 2 months before) and was covered in bird****. Anyway, I had some bloke knock the door asking if I wanted to sell it and he offered £1500 for it. At the time it was worth probably £2000 but for the sake of having to get it valeted and all the other stuff I took the money. He was the same, test drove it etc. He came back 2 weeks later telling my other half he wasn't happy and it was making a funny noise on the gearbox and his "mate who worked for Ford" said it needed a new gear box. He got the royal F*** right off from my other half and told he'd test driven it etc etc and it was sold as seen. He buggered off and we never heard from him again. Fingers crossed the same happens to you and you don't hear from him.
thesaint sfc Posted 6 August, 2008 Author Posted 6 August, 2008 I've agreed to give him £250 towards the repair. Can't be ****ed with the hassle. He's said he will sign an agreement that he won't come looking for more money. If he does he will get the middle finger.
SNSUN Posted 6 August, 2008 Posted 6 August, 2008 I've agreed to give him £250 towards the repair. Can't be ****ed with the hassle. He's said he will sign an agreement that he won't come looking for more money. If he does he will get the middle finger. I'd give him the whole right fist if I were you. Back in my younger, more naive days, and boy was I naive, a bloke knocked on my front door and inquired as to whether the Citroen AX, that had been my car and was sitting on the drive for ages, was for sale. I said that actually I didn't want it anymore and it was taking up half the driveway, so I let him have it. He claimed he "did AX's up". I should've worried when tax and MOTless and with the handbrake sticking, he backed it off the drive and drove off with it. Two days later I got a phone call from Surrey police, saying that the shell of my car (as the paperwork hadn't gone through yet) had been dumped on the side of the road in Guildford or some place and had the engine missing, and that as it was my car I was in charge of moving it or being fined! Thankfully after explaining the predicament to the officer, he agreed that as I didn't live nearby he'd scrap the car for me. A lot of hassle for me being stupid really. My mum was sad though, because that had been the family car before it was solely mine...
sotonjoe Posted 6 August, 2008 Posted 6 August, 2008 I'd say handing over some money has already weakened your position as it implies some guilt on your part. Don't do it! You hadn't done anything wrong in the first place as long as you didn't intentionally mislead. Don't give him anything!
Ponty Posted 6 August, 2008 Posted 6 August, 2008 Nice show of strength tssfc. You should've just told him to **** off.
Saint in Paradise Posted 6 August, 2008 Posted 6 August, 2008 thesaint sfc now go back to the police and say he is demanding money with menaces and say you only agreed to pay some money to get him away as you were concerned for your safety.
Ponty Posted 6 August, 2008 Posted 6 August, 2008 Seriously, I'm disappointed in you. You were 100% in the right mate.
thesaint sfc Posted 6 August, 2008 Author Posted 6 August, 2008 I bought a car a couple of weeks before. If the same had happened to me I'd have hoped the seller would have been as generous as me. I'm moving out soon and didn't want my parents to get any hassle. He's really appreciated the £250 and I've got enough money to pay off the rest of my insurance with a few pennies left over. Worked out pretty well IMO.
Julian H. Cope Posted 7 August, 2008 Posted 7 August, 2008 I bought a car a couple of weeks before. If the same had happened to me I'd have hoped the seller would have been as generous as me. I'm moving out soon and didn't want my parents to get any hassle. He's really appreciated the £250 and I've got enough money to pay off the rest of my insurance with a few pennies left over. Worked out pretty well IMO. You seem like a very decent chap.
Guest Hacienda Posted 7 August, 2008 Posted 7 August, 2008 You seem like a very decent chap. Or a mug depending on your point of view.
Colinjb Posted 7 August, 2008 Posted 7 August, 2008 I bought a car a couple of weeks before. If the same had happened to me I'd have hoped the seller would have been as generous as me. I'm moving out soon and didn't want my parents to get any hassle. He's really appreciated the £250 and I've got enough money to pay off the rest of my insurance with a few pennies left over. Worked out pretty well IMO. You have been a bit soft to be honest, but I would probably have done the same thing.
Pancake Posted 7 August, 2008 Posted 7 August, 2008 I'd give him the whole right fist if I were you. Back in my younger, more naive days, and boy was I naive, a bloke knocked on my front door and inquired as to whether the Citroen AX, that had been my car and was sitting on the drive for ages, was for sale. I said that actually I didn't want it anymore and it was taking up half the driveway, so I let him have it. He claimed he "did AX's up". I should've worried when tax and MOTless and with the handbrake sticking, he backed it off the drive and drove off with it. Two days later I got a phone call from Surrey police, saying that the shell of my car (as the paperwork hadn't gone through yet) had been dumped on the side of the road in Guildford or some place and had the engine missing, and that as it was my car I was in charge of moving it or being fined! Thankfully after explaining the predicament to the officer, he agreed that as I didn't live nearby he'd scrap the car for me. A lot of hassle for me being stupid really. My mum was sad though, because that had been the family car before it was solely mine... Was it dumped by the A31 about 11 years ago? Red?
Julian H. Cope Posted 7 August, 2008 Posted 7 August, 2008 Or a mug depending on your point of view. Yes.
CabbageFace Posted 7 August, 2008 Posted 7 August, 2008 I've agreed to give him £250 towards the repair. Can't be ****ed with the hassle. He's said he will sign an agreement that he won't come looking for more money. If he does he will get the middle finger. Own'd. The car is probably fine and he spend that £250 quid on a gun and shoot an old lady.
SNSUN Posted 7 August, 2008 Posted 7 August, 2008 Was it dumped by the A31 about 11 years ago? Red?No this was much more recent than that! Why do you have another story?
Atticus Finch of Maycomb Posted 7 August, 2008 Posted 7 August, 2008 Or a mug depending on your point of view. or a racist like your point of view
Baj Posted 7 August, 2008 Posted 7 August, 2008 or a racist like your point of view FYI, Hacienda has been infracted for his post. If you have an issue, PM the Mods/Admins, do not post off topic
Pancake Posted 7 August, 2008 Posted 7 August, 2008 No this was much more recent than that! Why do you have another story? No, not really, I just "obtained" a few parts for mine from one fitting that description.
Guest Hacienda Posted 7 August, 2008 Posted 7 August, 2008 FYI, Hacienda has been infracted for his post. If you have an issue, PM the Mods/Admins, do not post off topic He'll soon grow bored, not that it bothers me as he's on ignore.
SNSUN Posted 7 August, 2008 Posted 7 August, 2008 No, not really, I just "obtained" a few parts for mine from one fitting that description. Well who knows, it may well have been - as long as bits of the car are living on through other cars, then it'll've been worth it.
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