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Discussion Starter · #1 ·
Just need some help guys sold my 24 year old car on the 19th July guy and his girl come down and I took her for a drive in it and I let her drive it back to my house her boyfriend drove car with her in it around the block, absolutely made up with it.

Guy paid my a deposit so
I refunded deposit and I got a message " hi Danielle made up with car forgot to get deposit can you refund me cheers " so I did ......well today 2nd August he contacted me saying car has broke down this is 2weeks now but he saying car broke down 2days after he bought it , saying car over heats and engine stops .....what I can't understand is why tell me 2 weeks later .....but dvla will have new owner transferred now and I did do 2 copy's of written out sold as seen , but he's saying car was not fit for purpose which I don't understand they both drove car loved it but it wasn't fit for purpose so why buy it ......

What would you say I should do if anything .....just wanting some info guys
 

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The mrs is a manager in citizens advice bureau, she says

If it was sold as seen, the only thing they can do is file a county court law suit, but then they would have to provide proof the car was not fit for purpose the day they bought it.
 

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i would tell him to get lost, if he came looked at the car and test drove it ,if he has accepted that the car is sold as seen he can't chase you for a refund, it's an old car at the end of the day we have all bought a car before and discovered there is a problem that's just the way it goes.
 

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Discussion Starter · #5 ·
Am just not sure I will for peace of mind seek solicitors advise too, I think if you drive the car on a test drive and it's great and 2 people drove it and was made up with it , that would make this county lawsuit hard to hold in court as car not fit for purpose am I right in saying that Alex
 

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Discussion Starter · #7 ·
Hi dod

Yes seen this thanks I just can't see why they never contacted me sooner regarding it I mean 2 weeks and he wants his money back , and I was completely honest in my description , told them what I've had done repLaced ect so I think it just maybe they ragged a 24 year old car
 

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Like A Bawwsss
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Buyer beware when buying 2nd hand goods. Only time there might be a comeback is when its not fully as described (such as being a cat C write off for example and not telling buyer - although you have to prove you never knew about it). Cars are sold as seen, its NOT a dealer where they have to be fit for purpose.

Tell him to jog on and get it sorted out. He's clearly broken it somehow, its not your issue.
 

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Sounds like it broke on him ..... tough luck for him but its his problem now.

If it was allready overheating when you sold it ..... its naughty but still his fault for not checking it.

Some people don't understand sold as seen.
 

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relax tell him to sort the car out. He send you a message saying they are happy with the car so that is the end of the story for you. It's sold as seen and the car was 24 years old... it happens if they wanted an immaculate car they should have bought brand new or at least max 6 years old.... 24 years old means there is deffo going to be something wrong unless the car has been advertised as 100% restored.

I'm quite sure you didn't so to make a long story short: it's theirs now, so they need to sort it out without pestering you.
 

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Private sales
When you buy a used vehicle from a private individual, you don't have the same rights as you do when buying from a trader. The legal principle of caveat emptor, or 'buyer beware' operates. You have no right to expect that the vehicle is of satisfactory quality or fit for its purpose, but there is a requirement that it should be 'as described'. For example, if an advertisement says 'low mileage, one previous owner', it must be correct. You should check the vehicle thoroughly before you buy it.

Whether you buy privately or from trader, you are entitled to expect that the vehicle is roadworthy, unless you and the seller clearly agree it is bought for scrap or for spares and repair. You should be aware that a vehicle sold with an MOT certificate does not guarantee that it is currently roadworthy, only that at the time it was tested it met the required safety standards needed to gain the MOT certificate.

You are entitled to expect that the seller has 'good title' to the vehicle. This means the person selling the vehicle must own it. If you buy a vehicle that you later find out is stolen, you do not have the legal right to keep it. You may have to give it back and you will have to try and get your money back from the seller.

The Consumer Credit Act 1974 gives 'good title' to the first private purchaser of a vehicle that later turns out to be subject to a claim by a finance provider. This means that if the previous owner sold the vehicle to you when there was finance outstanding and you were unaware of this, the finance provider cannot repossess the vehicle from you. Remember, this does not apply to vehicles that have been stolen, or vehicles that were subject to a lease or hire agreement.

You should be aware that some traders pretend to be private sellers - by selling vehicles at the roadside or via a classified advertisement - to avoid their legal obligations to consumers. If you come across a situation like this, contact Citizens Advice for the case to be referred to trading standards.
 

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Just need some help guys sold my 24 year old car on the 19th July guy and his girl come down and I took her for a drive in it and I let her drive it back to my house her boyfriend drove car with her in it around the block, absolutely made up with it.
Guy paid my a deposit so
I refunded deposit and I got a message " hi Danielle made up with car forgot to get deposit can you refund me cheers " so I did ......well today 2nd August he contacted me saying car has broke down this is 2weeks now but he saying car broke down 2days after he bought it , saying car over heats and engine stops .....what I can't understand is why tell me 2 weeks later .....but dvla will have new owner transferred now and I did do 2 copy's of written out sold as seen , but he's saying car was not fit for purpose which I don't understand they both drove car loved it but it wasn't fit for purpose so why buy it ......
What would you say I should do if anything .....just wanting some info guys
I bought a car from a trader and reported a fault within the first week, this was 2 months ago, I'm still kicking off with them to investigate, their argument is its a 2nd hand card with 90k on the clock, CAB state theres nothing much I can neither. I don't think he was impressed with me complaining loudly infront of a guy looking to buy a 10k car from him and has eventually agreed to LOOK at it, doesn't mean he'll sort it though.

So as a private seller you've nothing to worry about at all.
 

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My Other Car Has Blue Lights...
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all above is correct "sold as seen" is what it says.

ignore it! i had this issue a while back and left it ad got nothing back.

Dan.
 

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Discussion Starter · #16 ·
Great I've just received email from solicitors saying car was misdescription ...even when they both test drive it and was happy .....need more advise guys if poss please
 

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Discussion Starter · #17 ·
This email is being sent to you in accordance with the Practice Direction on Pre-Action Conduct (the PDPAC) contained in the CPR. In particular we refer you to paragraph 4 of the PDPAC concerning a court's powers to impose sanctions for failing to comply with this provision. Ignoring this email may lead to our client commencing proceedings against you and may increase your liability for costs.

The Sale of Goods Act 1979 implied into the contract terms that the Vehicle was of a satisfactory quality and fit for purpose.

By offering the Vehicle for sale, you represented to our client that the Vehicle was of a satisfactory quality and fit for purpose with the intention of inducing our client to enter into a contract with you.
 

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How can it be mis-described ?

Keep hold of the messages you have from them saying they are over the moon with the car, Can you ask the solicitor of what there client means by this ? or ask your solicitor to step in and ask that question.
 
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