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Jun 16, 2010 21:37:59 GMT
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I sold a car about 3 weeks ago and have just had this email,
Just after a bit of advice really,
I ended the ebay listing early and done the deal outside of ebay, There was nothing wrong with the rear brakes (that I knew of) and there was nothing on our V5 about the car being damaged.
This is what he has said
"My daughter has just received her V5C document from the DVLA and it states the car has been "substantially accident damaged" 09/07/2009. Why was this not stated in the eBay advert, mentioned at the time of sale OR pointed out in your copy of the V5C document? This goes against the eBay rules that a seller must not "significantly misrepresent an item by not meeting the terms and item description outlined in the listing". This is a significant omission which would have negated our purchase of the car. Combined with immediately spending £200+ to fix dangerously faulty rear brakes/handbrake when the car was described as "ready to drive away". For tax/MOT purposes yes, for road safety no. Under the circumstances, she wants a half refund of the money exchanged for the car and subsequent essential repairs (a total of £800). Or you can ignore this message and be summoned to the small claims court"
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alexg
Part of things
Posts: 550
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Jun 16, 2010 21:44:21 GMT
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eBay rules are irrelevant as sold outside. Plus it's an 800 pound car FFS! The buyer could have HPIed the car but failed to bother. Plus a write-off on an old car could be just a cracked bumper. Tell them to do their worst, it'll come to nothing.
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1979 'V' Austin Allegro Estate
1990 'G' Rover Metro GTI 1.8 VVC
1985 Sinclair C5
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Jun 16, 2010 21:44:41 GMT
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If the car wasn't recorded as damaged when you bought it, wasn't damaged and repaired in 'your ownership and has a long MOT, I'd tell him to do one. Call his bluff, the chances of him going to court are slim.
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Davenger
Club Retro Rides Member
It's only metal
Posts: 7,272
Club RR Member Number: 140
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Jun 16, 2010 21:46:22 GMT
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If it's fit for an MOT, then it's perfectly roadworthy. As for any supposed damage, you can prove you didn't know about it, and have no proof of her story. I say stuff em
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Jun 16, 2010 21:46:39 GMT
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He gave me £1200 for the car, wants half back plus £200 for the repairs he had done
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Davenger
Club Retro Rides Member
It's only metal
Posts: 7,272
Club RR Member Number: 140
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Jun 16, 2010 21:48:59 GMT
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He doesn't have a leg to stand on as the deal was done outside of ebay
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Jun 16, 2010 21:49:16 GMT
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This was my reply to him, (lied about not working)
Hi, There was nothing on our V5C document stating anything about the the having any damage and was unknow to us. We did not do a hpi check when we got the car and did not know of any damage, I did not say in the advert it was hpi clear and it is up to the buyer to do a hpi check before buying a car. IF we had known then I would have said but it had nothing on our V5C. We had a long mot on the car and nothing was said about the rear brakes so how am I expected to pay for work that I didnt even know needed doing? You were more than welcome to have any inspection and do a hpi on the car before buying. The car was sold as seen and not through ebay. I have a copy of the orignal V5C and it has nothing about any damage on it. Neither of us now have a job so there is no way I can afford to give you £800 sorry. I don't see why I should give you half the price of the car back, I sould the car sold as seen in good faith. You say the rear brakes were ok for MOT purposes but not for road saftey, surrly thats what the MOT is for, to make sure the car is safe for the road?
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Llewelyn_
Posted a lot
Hi everyone :)
Posts: 1,977
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Jun 16, 2010 21:49:28 GMT
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You could just offer a refund and see what he says.
I wouldn't worry about it. Whatever happens, he can't expect you to give him half of the value of the car back!
Out of interest, what car was it?
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"Back off man, I'm a Scientist" - Dr. Peter Venkman
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Jun 16, 2010 21:56:13 GMT
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As said by the others, its irrelavant what the ebay listing said as the deal was done outside of ebay. As for the rest. he should have made checks HPi/AA inspection before buying it. It's a second hand car, I can't see he has a leg to stand on and he's just trying it on!
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Current cars:-
2001 P38 Range Rover 4.0 V8 (economical family run about) 1980 Mini Clubman estate (very much in a state!)rolling shell project 1976 Reliant Robin saloon 1998 kawasaki zzr 600 (the commuter)
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MK2VR6
Posted a lot
Mk2 Golf GTi 90 Spec
Posts: 3,329
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Jun 16, 2010 21:56:23 GMT
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Sod him! I wouldn't mention what make of car it was on here, JUST in case he finds this thead through some unlucky chance. If you gave him a sold as seen receipt (as I always do) he has no chance. I sold a Golf VR6 a few years ago. The car wass ropey. The lad came to look at it, and bought it in the dark. He then got very threatening about 2 days later saying the engine was knackered and he wanted about a grand towards a rebuild. I told him I sold it in good faith, and that he was satisfied with the car when he bought it, hence was happy to sign his part of the receipt. Enough said.
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Jun 16, 2010 21:57:20 GMT
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IF he did take me to court and IF he did win would that meen Id have a CCJ?
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Last Edit: Jun 16, 2010 21:58:26 GMT by Cti Stu
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Jun 16, 2010 22:00:38 GMT
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I cant remember if I gave him a receipt or not? I normaly do 2, 1 for me and 1 for the buyer but I cant find my copy, Thinking about it I'm sure I didnt do one?
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alexg
Part of things
Posts: 550
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Jun 16, 2010 22:03:15 GMT
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Stop worrying, nothing will happen, he's blagging it!
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1979 'V' Austin Allegro Estate
1990 'G' Rover Metro GTI 1.8 VVC
1985 Sinclair C5
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alexg
Part of things
Posts: 550
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Jun 16, 2010 22:04:35 GMT
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Btw, your response to him earlier was spot on. Ignore him
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1979 'V' Austin Allegro Estate
1990 'G' Rover Metro GTI 1.8 VVC
1985 Sinclair C5
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Jun 16, 2010 22:10:14 GMT
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sounds like a scrounger thats trying to get a £1200 car for £400.
unless they can prove that the car was sold with a significant dangerous fault and that it was not in a roadworth condition then theres nothing they can do.
as far as the accident dammage goes you don't have to declare that at the time of sale, its up to them to check on. allong with the mechanical condition of the vehicle.
they only have a leg to stand on if you lied and they can prove it.
In private sales (where the seller is not acting as a business), the goods must be as described, but the sale is not covered by the rules on satisfactory quality and fitness for purpose.
caveat emptor.
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Jun 16, 2010 22:13:10 GMT
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cheers guys, Wife is worring about it because she doesnt want us to get a CCJ,
He was 50 ish year old and looked a respectable/well spoken chap not the sort to try it on
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Jun 16, 2010 22:15:34 GMT
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Caveat emptor. It's up to him to check all of the details of the car before purchase, and to inspect / have the car inspected to see that it meets his requirements.
You described the car honestly and to the best of your knowledge. He bought the car "as seen" regardless of what eBay's "rules" are - they do not override UK law, despite how important they make their rules sound.
I had a similar situation happen to me (unsurprisingly with an eBay buyer). I'd described the engine fully and honestly, yet he still thought it was my fault that he couldn't get it to work in a completely different car and expected me to pay for his stupidity.
Your response was the right one, and even if he does try to take you to small claims court he won't stand a chance.
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Steve
Posted a lot
Making progress in small, easy to handle chunks of awesome
Posts: 2,029
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Jun 16, 2010 22:20:29 GMT
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I say stuff him and ignore any further communication. I had a similar incident a few years ago when I sold my Opel Monza, the car was advertised as tidy(which it was) with a fresh MOT(which it had) the car drove well with no serious problems other than a rattly exhaust and a leaky fuel tank. The gent who bought it came some miles to pick it up, had a good look around it before parting with the cash and dissapearing with the car(drove home with no tax......tut tut). 2 weeks later i get a letter through the door demanding I pay for some "serious" rust repairs after the steering box apparently detached itself from the car, he enclosed a copy of a recipt for said work which had already been done and advised me to pay back the cost of the work or I would be taken to court. Now, to say i was a little upset would be bit of an understatment as I knew the car was solid in all the right places, if it hadnt then i wouldnt have bought it in the first place! So i asked for photographic evidence of the problem area before i would even consider paying up..............another 2 weeks later i get a slightly more rude letter more or less telling me that no pics would be shown and that i MUST pay up, with that i went to citizens advice about the matter and they told me that due to the nature of ebay that the buyer didnt have a leg to stand on and that any claim made would most probably come to nothing and only cost them more money! If i hadnt already spent the money i would have bought the car back to shut the idiot up and kept it as it was among very few straight&solid GSE Monza's left.....................oh well Steve
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VIP
South East
Posts: 8,293
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Jun 16, 2010 22:24:15 GMT
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Since when has a V5C contained ANY information about a car's history?
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Jun 16, 2010 22:31:12 GMT
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Private sale, no rights anyway. He can jog on.
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