Breach of Verbal Contract - Private Car Sale

[RybeeLife]

Hey all

I sold my car to a friend last May 2017. It was advertised on autotrader for £6200 and we agreed this same price.

She did not have all the funds available at the time so we verbally agreed the following:

£2,000 immediately
£800-£1,000 upon the sale of her vehicle
£100pcm to start 1st June 2018
- increased to £200pcm upon job promotion (stated within 3 months)

However I have so far received the following

£2,000 immediately
14x £100pcm payments


When confronting the fact that she never paid me the money she received from her car or the fact that she’s not increased it to £200pcm she said we never had a written contract and that we never actually agreed a price.

Im now in need of the money and have only received £3,400 out of the total £6,200. She’s breached the terms of our verbal agreement and I now want to seek my money back.

I know I should’ve got this in writing but you don’t expect these things from friends of 10+ years.

Where do I stand and what can I do next?

[R0b]

It seems odd that your friend doesn't seem to accept that a price wasn't agreed. I assume you can evidence the payments made to date already?

If you need the money then I would suggest you write a letter before action setting out the background, how she breached the contract and then what she needs to do to remedy the problem. Failing that you will commence legal proceedings.

Do be aware that once you go down this route, things might turn sour and your friendship may not be there anymore.

[des8]

On a more pragmatic note does she have the means to pay if your claim is successful?
No point going to court if she has no way of paying

Also it appears all you are missing is the money raised from the sale of her car.
You have had 14 payments of £100 from June 2017 (2018 a typo?)
meant to be increased 3 months after june 2017 (2018 a typo?) following anticipated job promotion.
Was the promotion achieved?

The fact that payments have continued, albeit lower than anticipated, may mean she will provide an I&E form showing she can't afford more than the £100 p.m.

[Setmefree3]

Could your friend be on the defensive because she’s embrassed over the fact that she doesn’t actually have the money to pay the agreed amount each month?. It’s worth asking first, and trying to sort things out, rather than losing a friendship.

Has the money you have received so far been paid in cash or bank transfer.

[davenewbergr]

Contracts that aren't written down are oral contracts.
There is no point in getting on a high horse about this; if you annoy her she may stop paying altogether and then you have to go to court.
AVOID COURT PROCEEDINGS AT ALL COSTS. For one thing, you won't get a trial for several months, at the most optimistic. I have a small claims trial on Tuesday where the claim was issued in February.
Take her out for a wine or a coffee and have a friendly chat. Explain to her that you need the money. Remind her what you agreed between you, even if it wasn't written down, and point out that she has had a car worth over £6,000 for a year now and you've only had £3,400 so far in payment, can she let you have another £500 or something to top up the monthly payment figure, or perhaps increase the monthly payments to £150 or £200 a month.
Practicality is the name of the game; if you are arguing about a million quid with another commercial organisation, then you are in a position to employ a litigator and he will huff and puff and blow their house down. If you are only arguing about £3,000 with a friend then softly softly catchee monkey.