Tweet
Hi,
I sold a car privately on 31/07 to an individual who is a trader. They took the car for a test drive of at least 7 miles with them driving, testing the performance and features of the car, and visually inspected the car both before and after this test drive. No issues were remarked upon during the test drive or at any other point during the transaction. The V5C was filled out in the name of his company, he paid directly into my bank account and drove away.
Approximately 1.5 hours later (approx 30 miles according to location mentioned) I received a text from the buyer saying that he had heard a "whining" noise coming from the car. He said he believed it to be a bearing problem in the rear diff, and started quoting me general prices in the thousands it would cost to repair if he was correct. When I asked why this whine wasn't evident during the test drive he suggested that it only became apparent on "fresh road surfaces". Not being mechanically minded myself I took much of what he was saying as gospel, and suggested that he take it in to a main dealer to work out what's what.
A few days later he texted me to say that he had taken it to his local main dealer who confirmed a fault with the rear diff due to low oil. Initially this was blamed on the car manufacturer (specifically the main dealer where I took the car) for previous warranty work in the proximate area, so I facilitated him speaking to where I had previously taken it for all servicing as a courtesy (i.e. I phoned them to tell them they could speak to him with my authority about servicing and maintenance work that had been done in the past on the car). Again, because I am not mechanically minded I was taking what he was saying in text about them being responsible as authoritative. On more than one occasion at this point he said in text that he did not believe I was to blame or that I knew of the fault.
Eventually, a few days later, he texted again to say that the diff had been diagnosed by the main dealer as "being shot", with a quote to repair of over £5000. At this point he said that the main dealer had told him that they are not responsible, so he said that it was only fair that he got a contribution from me, and that if I failed to do so he would go legal.
I replied saying that I was not aware of the fault at the point of sale, the statements made about the car were made from the position of a private individual with no mechanical expertise who took the car to the main dealer for everything, which was evidenced by the full service history with no expense spared. I pointed out that he had every opportunity to request a full mechanical inspection before purchase but chose not to, and that we went on an extended test drive where I did not inhibit what functions or features of the car were tested, and no such fault or any other was identified then. I also said that there was no manufacturer warranty in place (as was explicitly said on the test drive) and that as a private sale there was no warranty from me as it was implied sold as seen.
That was my last communcation with him, as at this point with the threat of legal action I considered it imprudent to continue our dialogue.
I received a money claim form in the post on 17/08, for nearly £4000 (including claim form fee). I did not receive any pre-action letter. I have acknowleged the claim online, and responded to say that I rejected the claim in full. I have not yet filed my defence.
His claim makes reference to the fact that I had said that I did not believe there would be anything to pay until the next MOT, but this was said in the context of scheduled maintenance (the car had been serviced earlier in the year, with 4 new tyres, and MOT was not due until the end of the year) and that I initially said in a text that he'd have to get it looked at and we'd have to work out what was wrong, but this was again in the context of him blaming the main dealer where I had previously taken the car for fault.
From my perspective I sold the car 100% in good faith as a private individual without knowledge of any fault. I have got some initial legal advice and been told that the cost to defend it with legal help would eclipse the claim cost, and the solicitor said they believed that is why these claims are effective as a means to essentially "get more money" from a sale.
In terms of my statements about not believing the car would need money spending on it until the next MOT - obviously it would be impossible for anyone, especially a layperson such as myself, to be able to guarantee or say with any authority that a vehicle would not break down or develop a fault at any time. The statement was strictly made in the context of the next scheduled expenditure - an MOT. Regards the comments about him taking it in to get diagnosed and working out what's what from there - that was a statement about needing to find out exactly what was wrong, in context of him initially blaming the main dealer for causing the fault.
I have not seen or heard evidence of this fault myself, I only have the claimant's word that it is/was there. I have not seen a report of the fault nor an invoice for repair.
The solicitor said colloquially that "he doesn't have a leg to stand on" as a trader buying a car from me as a private individual, but nevertheless I'm looking down the barrel of a several thousand pound claim and am keen to get some advice, etc. Whilst I feel my case is strong I have also been led to believe that in Small Claims Track when you're in front of a judge any outcome is possible. There are some other factors which I believe are in my favour or at least cast doubt on the integrity of the claimant that I have not mentioned because to do so would make it more identifiable.
Thanks in advance for any help or advice given
I sold a car privately on 31/07 to an individual who is a trader. They took the car for a test drive of at least 7 miles with them driving, testing the performance and features of the car, and visually inspected the car both before and after this test drive. No issues were remarked upon during the test drive or at any other point during the transaction. The V5C was filled out in the name of his company, he paid directly into my bank account and drove away.
Approximately 1.5 hours later (approx 30 miles according to location mentioned) I received a text from the buyer saying that he had heard a "whining" noise coming from the car. He said he believed it to be a bearing problem in the rear diff, and started quoting me general prices in the thousands it would cost to repair if he was correct. When I asked why this whine wasn't evident during the test drive he suggested that it only became apparent on "fresh road surfaces". Not being mechanically minded myself I took much of what he was saying as gospel, and suggested that he take it in to a main dealer to work out what's what.
A few days later he texted me to say that he had taken it to his local main dealer who confirmed a fault with the rear diff due to low oil. Initially this was blamed on the car manufacturer (specifically the main dealer where I took the car) for previous warranty work in the proximate area, so I facilitated him speaking to where I had previously taken it for all servicing as a courtesy (i.e. I phoned them to tell them they could speak to him with my authority about servicing and maintenance work that had been done in the past on the car). Again, because I am not mechanically minded I was taking what he was saying in text about them being responsible as authoritative. On more than one occasion at this point he said in text that he did not believe I was to blame or that I knew of the fault.
Eventually, a few days later, he texted again to say that the diff had been diagnosed by the main dealer as "being shot", with a quote to repair of over £5000. At this point he said that the main dealer had told him that they are not responsible, so he said that it was only fair that he got a contribution from me, and that if I failed to do so he would go legal.
I replied saying that I was not aware of the fault at the point of sale, the statements made about the car were made from the position of a private individual with no mechanical expertise who took the car to the main dealer for everything, which was evidenced by the full service history with no expense spared. I pointed out that he had every opportunity to request a full mechanical inspection before purchase but chose not to, and that we went on an extended test drive where I did not inhibit what functions or features of the car were tested, and no such fault or any other was identified then. I also said that there was no manufacturer warranty in place (as was explicitly said on the test drive) and that as a private sale there was no warranty from me as it was implied sold as seen.
That was my last communcation with him, as at this point with the threat of legal action I considered it imprudent to continue our dialogue.
I received a money claim form in the post on 17/08, for nearly £4000 (including claim form fee). I did not receive any pre-action letter. I have acknowleged the claim online, and responded to say that I rejected the claim in full. I have not yet filed my defence.
His claim makes reference to the fact that I had said that I did not believe there would be anything to pay until the next MOT, but this was said in the context of scheduled maintenance (the car had been serviced earlier in the year, with 4 new tyres, and MOT was not due until the end of the year) and that I initially said in a text that he'd have to get it looked at and we'd have to work out what was wrong, but this was again in the context of him blaming the main dealer where I had previously taken the car for fault.
From my perspective I sold the car 100% in good faith as a private individual without knowledge of any fault. I have got some initial legal advice and been told that the cost to defend it with legal help would eclipse the claim cost, and the solicitor said they believed that is why these claims are effective as a means to essentially "get more money" from a sale.
In terms of my statements about not believing the car would need money spending on it until the next MOT - obviously it would be impossible for anyone, especially a layperson such as myself, to be able to guarantee or say with any authority that a vehicle would not break down or develop a fault at any time. The statement was strictly made in the context of the next scheduled expenditure - an MOT. Regards the comments about him taking it in to get diagnosed and working out what's what from there - that was a statement about needing to find out exactly what was wrong, in context of him initially blaming the main dealer for causing the fault.
I have not seen or heard evidence of this fault myself, I only have the claimant's word that it is/was there. I have not seen a report of the fault nor an invoice for repair.
The solicitor said colloquially that "he doesn't have a leg to stand on" as a trader buying a car from me as a private individual, but nevertheless I'm looking down the barrel of a several thousand pound claim and am keen to get some advice, etc. Whilst I feel my case is strong I have also been led to believe that in Small Claims Track when you're in front of a judge any outcome is possible. There are some other factors which I believe are in my favour or at least cast doubt on the integrity of the claimant that I have not mentioned because to do so would make it more identifiable.
Thanks in advance for any help or advice given
Comment