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Car selling woes...

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Car selling woes...

EXACTLY....there is no proof. No proof you did, and also no proof you didnt. Courts work on hard facts and evidence, not statements made by those involved in the case. Physical evidence cannot lie, but people do.
 
Well I wont do anything just yet. I'll see what happens from his side. The balls in his court as the saying goes. Ive sent the reply to his email as shown in the first post which basically states my case and admits no liability or has nothing to do with money mentioned in it.

I will ignore the rest of his emails and send off the reg docs when they arrive. If he then try to take it further I will seek legal advice! As said he might just be calling my bluff on the off chance I just refund it. As said it is my word againced his and there is no evidence to suggest I have wrongfully sold this car. I sold it making him aware of the problem. I briefly talked to him about the problem on collection and he paid his money and drove away.

Will let you know what happens :) and will get ebay printed asap lol.

Cheers guys! (y)
 
sledge said:
EXACTLY....there is no proof. No proof you did, and also no proof you didnt. Courts work on hard facts and evidence, not statements made by those involved in the case. Physical evidence cannot lie, but people do.
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which means no lawyer or court would take the case seriously as there is no evidence. I sold the car with a fault which was made clear to him. He decided to buy the car without looking into the fault and that is his problem, not mine. I did not state what caused the problem as I didnt know and still dont. As far as im aware he could be making up the RAC call out and disgnostic, which may not be correct anyway. Theres only so muh an RAC callout man can do on your driveway or on the side of the road.

Its also the case that he may have broken the engine driving the car home. As far as im concerned. It started and drove away fine when he took it away.
 
sledge said:
The onus is on the buyer in a private sale, as in caveat-emptor,
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Mike brewer quoted that in one of his programs ..you dont have to tell them anything ..but to be fair you did so hard luck mister :)
 
so i was right and it was the head gasket after all :D

i have no sympathy for the buyer in the same way i had no sympathy for you. if you buy a k series you either do a compresison test before you pay or you take a big chance and hope for the best.

legally & morally you've done nothing wrong, its their problem now. even if you knew the HG was the problem no one can prove that so you're safe.

buyer beware is the name of the game. i've sold my fair share of low compression k series in the past, if mugs keep on buying them thats their fault, they should do some research.

the buyer is just pist off because they arent very bright. thats not your fault. if they see a solicitor they will find out that they can do nothing.

please take someone to inspect your next potential purchase, its really easy to avoid crap cars, all it takes is a 30min inspection from someone who knows what they are doing.
 
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But surely I told him that it had a starting problem, which it did. I did not tell him what caused it as I didnt know. Therefore it is still upto him to decide whether to buy the car and by choosing to do so without looking at or inpecting the car, the onus is still on him?

I have looked through the CAB website which doesnt have anything specifically related to my situation BUT does have the following

You have very few legal rights if you have bought the vehicle from a private seller rather than a dealer. The condition under consumer law that the vehicle must be of satisfactory quality does not apply. The only conditions which do apply to private sales are that the vehicle is correctly described, is roadworthy and that the seller has good title (this means that they are the legal owner of the vehicle).


You will only be able to claim against a private seller if:-

  • the vehicle was not as described, see below; or
  • there was a breach of a specific term of the contract, see below; or
  • the seller was a dealer posing as a private seller, see below; or
  • the seller did not have good title to the vehicle, or
  • the vehicle was un-roadworthy.
If you can show that the vehicle did not meet its description the seller will be liable under consumer law, even if the seller believed the description to be true. It will strengthen your claim if you have written proof of the false statement, for example, an advertisement. Verbal false statements are harder to prove, unless someone else was present who can act as a witness.
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It mentions at the end about written proof of the statement (being that it has a starting problem). Obviously he has the advert for this but it clearly states about the starting problem.

However it also has the following about internet auctions :

When you buy something on an internet auction site from a private individual, you have very few rights.


You can't complain if the goods aren't of satisfactory quality or fit for the purpose you bought them. Also, you don't have the right to cancel your order, or any of the other extra rights you get when you buy on an internet auction site from a business trader without having face-to-face contact.



However, you do still have the right to complain to the seller if your goods don't match the description they've given on the website. This applies to second hand as well as new goods. If the goods don't match the description, you may be entitled to compensation from the seller. But you might need to go to court to try and get this, and even if you win your case, the seller might not have enough money to pay you.
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This states that he has no real right to complain as everything in the description is true. What isnt mentioned in the auction (as in the cause for the starting problem (which i didnt know)) is upto him enquire about. Which he didnt.
 
you're right, all it comes down to is the description accuracy. your description said

"The only mechanical problem I can see with the car is that occasionally it will need use of the throttle to start it."

the great thing about your description is that you did not make any claim about the cause of the problem, you only described the symptom of problems starting, that means you are covered no matter what the cause is. so you're laughing.

when you said "i can see" that is effectively the same a saying "that i am aware of" (in future use those words to ensure its legally binding). if you are not aware of a fault you do not need to mention it. this would not make your descrption inaccurate unless it could be proven that you were aware of a fault that you did not mention, proving that is impossible.
 
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Even if they are to come across the threads, there is nothing in them to confirm that the HG has failed. Just suggestions. I havent posted anything to the effect of confirming that the HG had gone or that I think it is the main problem. Infact I pretty much dismissed the idea in the threads lol :rolleyes:

Same on the rover-coupe forum. I dont think anyone actually mentioned the problem being a HG failure.
 
Bushboy said:
Even if they are to come across the threads, there is nothing in them to confirm that the HG has failed. Just suggestions. I havent posted anything to the effect of confirming that the HG had gone or that I think it is the main problem. Infact I pretty much dismissed the idea in the threads lol :rolleyes:

Same on the rover-coupe forum. I dont think anyone actually mentioned the problem being a HG failure.
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legally a suggestion on a forum in no way confirms the state of the car. if you personally had no confirmation that the head gasket was the problem then you legally had no obligation to declare it, how can you declare something you dont even know?
 
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dave said:
they a bit crap on that forum then :p
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definately, they must replace their own head gaskets regularly enough to know that its the first thing you suspect. if you read a haynes manual fault finding section for any make/model it will tell you that starting problems can be due to low compression. its a well known cause of starting problems, especially cold starting.
 
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