Private Car selling rights

[xvickyx]

Hi

I sold my 1986 Golf GTI CC (24 years old) on the 25th May 2010.

The buyer came from London to come and view, didn’t test drive the car, just looked around and asked if it started and ran OK, which it did.

He emailed the day after saying it had cut out on his way home. The car was “sold as seen and tested”

I hadn’t heard from him since, but on the 26th June 2010 he emailed to say that he has fixed a cutting out problem at a cost of £245 and that he had rights as my advert was not “as described”

At the time of selling the car did run perfectly with no cutting out, so it was not misleading in any way and a perfect representation of how the car was working for us at time of sale.

He has also text me on my phone today to say that I have until Friday 2nd July to respond or he will start court proceedings.

Are you able to advise me on what to do next?

Thanks

[Amy]

Re: Private Car selling rights

You should have a read of this thread, post #2 Legal Beagles Consumer Forum

Although your situation is the reverse of this thread, he is correct and he does have rights. Having said that, he has not given you the opportunity to inspect the problem or to fix it yourself perhaps more cheaply so I believe he is on a hiding to nothing.

Have you asked for a copy of the invoice and a specific cause for the car cutting out? If not, you should do so.

[xvickyx]

Re: Private Car selling rights

He keeps mentioning he wil send over an invoice, but I haven't seen one as yet

[Amy]

Re: Private Car selling rights

He keeps mentioning he wil send over an invoice, but I haven't seen one as yet

Well he will need to provide you with one if he expects to go to court with this.

Make sure you keep a record of everything and preferably do it all in writing.

[xvickyx]

Re: Private Car selling rights

Yep I have saved all the emails and have print outs too, and also saved the text message on my phone.

[Tools]

Re: Private Car selling rights

It would also be useful if you have a copy of the wording from your original advert selling the car.

[madison85]

Re: Private Car selling rights

if he wants to court for £245 then just keep with keeping the communication logs and see where he wants to take it

[righty]

Re: Private Car selling rights

For that amount of money & a 24 year old car he's flogging a deed horse The fault (assuming there was one) could have occured at anytime after the moment he took ownership

Whilst he would have rights if you had grossly misdescribed the vehicle but here he has none. I really don't think you should get into protacted correspondence with him. Just deny your liable & tell him you won't be paying anything ............. Caveat Emptor

[Aquasition]

Re: Private Car selling rights

Hi,

I have extensive experience on "as described". Please post the advert.

Chris