Legal advice - NEW DEVELOPMENTS - Further Update!

[sam1176uk]

Wonder if anyone can help as I have just today received a strongly worded letter from the new owner of my old car. I sold this car in December after only owning it since September, the last MOT was carried out by the previous owner in March 2010.
The new owner has written (recorded delivery) to me stating that he drove the car home (325 miles approx) and then stored the car during the extreme weather. His next trip was to the MOT station (don’t know why as it wasn’t due till Feb). He states the MOT test shows the car not to be road worthy due to brake failure and an “illegal exhaust system”.
He then proceeds to tell me how much he has spent getting various items repaired, including a catalytic convertor as the car was found to have a de-cat, therefore failing the emissions test. The previous keeper to me had told me the car passed the last MOT with no problems.
He then goes on to say he “has been advised” to make a claim for work undertaken to make the car roadworthy and would welcome my co-operation in negotiating an agreement for the settlement of the claim for the above sum. “I am willing to agree to the involvement of an Ombudsman, mediator or arbitrator to find a mutually agreed solution”.
He also encloses receipts for work carried out to the car.
Like i say, i bought the car in September and found the car to have been very very well looked after, the car had stainless hoses all round and top of the range discs and pads, all replaced in 2008 so whilst not brand new, certainly shouldn’t have been excessively worn. To be honest i thought the brakes were outstanding and one of my reasons for buying the car in the first place.
As for the exhaust, this was on the car when i bought it and i had the Mot certificate from last time with a pass, however he says he has spoken to the garage that passed it and they admitted removing it and putting on a cat to get it through the MOT before re-fitting the de-cat, how was i supposed to know this??
Does anyone know his/my situation with this??

Thanks

[Jaspa]

Are you a trader? or is this your personal car that you sold?

http://whatconsumer.co.uk/second-hand/ should help

[sam1176uk]

No i'm not a trader, it was a private sale and a receipt was exchanged (which he asked for) stating sold as seen etc.

[Jaspa]

Taken from the AA

http://www.theaa.com/motoring_advice/ca ... ights.html

Private
If you buy privately, you won't be protected legally if the car doesn't come up to scratch. It's up to you to ask the right questions and have the car thoroughly inspected before you buy.

Safeguards Essentially it's a case of 'Buyer Beware'. As the onus is on you to make sure the car is sound, it's a good idea to get an independent engineer to give the car a thorough mechanical inspection.

Hidden past Then, there are past owners to consider. You could opt for an AA Car Data Check, which will let you know if there's outstanding finance on the car, or even if it has a shady history.

Your legal rights are limited and unscrupulous dealers often masquerade as private sellers, so beware.

The only legal terms that cover a private sale contract are:

•the seller must have the right to sell the car
•the vehicle should not be misrepresented
•it should match its description:
◦for example, if the ad states that there is a valid MOT, there should be a valid MOT.
Remember, if there are problems, you can only claim against someone you can find, and who has the means to meet your claim. Therefore:

•go to the seller's address and if possible get a home phone number – don't meet someone on a street corner
•check the documents carefully – make sure the seller is the person named on the registration document and other papers.
The AA Car Buyer's Contract can offer you some protection if you're buying privately.

[sam1176uk]

Thanks, what would you suggest i do in this instance?

[Jaspa]

That I can't help you with unfortunately. but reading the above links suggests that it was their responsibility to check the vehicle over 1st.

I would however question the statement about brakes if it has been sat for a couple of months the brakes may well have seized on and therefore be less effective. Not saying that this IS the case but my MX5 is always pants when I get it off the drive for a quick testrun.

I'm sure someone more familiar will be along shortly.

Stuart

[sam1176uk]

Ok thanks for the info anyway, hopefully someone else may be able to clarify what i should do.
It had crossed my mind that the brakes may have frozen solid if they were standing for so long in the conditions we had Dec/Jan, I actually thought the brakes were superb!

[Ryan S]

politely: send him a copy of the reciept saying 'sold as seen', give him the above link as well, personally i would tell him to get fooked. hope you get this sorted mate,

[sam1176uk]

I have since chucked the receipt out as i sold the car at the start of Dec and are now moving house (hence the car sale).

[ancient mariner]

hiya mate,
the guy has no claim against you whatsoever.
he purchased the car as tried and tested,in other words as seen.
you are as you say not a trader,and sold the car in good faith.
he agreed to buy the car,you agreed to sell it him,end of story.
any recourse he may have,is against the mot centre,if as he said they
admitted to putting a cat on to pass the test.
personaly i think on this he is bull$hitting you as in my opinion,
1) how likely is that the test centre would have a cat lying around,other than a furry one.
2) they would not admit it,if they had done. they would get struck off.
tell the guy, it was a private sale to which he was happy.not your problem
fella,end of. paul.

[sam1176uk]

Thanks mate, thought it was a bit suspicious the MOT centre admitting they had done that, like you say they would get fined at least i'd imagine. Think he is just chancing it to be honest.

[ashley]

It was a private sale, and you gave no written warranty, as such he has no right to come back asking for contributions to any costs he has incurred in making the car road worthy. He is chancing it, best advice is to ignore his correspondance.

[sam1176uk]

I would prefer to ignore it but then it will just play on my mind, i'd rather get it done and dusted if possible.

[ashley]

Seriously- nothing to get done and dusted, if he contacts you again politely explain that the car was sold as seen, and in good faith.

Don't be tempted to even discuss the details of the condition of the car or try to defend yourself, simply say you are sorry but it was sold as seen and in good faith...and simply keep repeating that

[sam1176uk]

Ok good idea thanks.
In the middle of a house move and a wedding getting organised, stress!!

[steve]

Thanks, what would you suggest i do in this instance?

sold as seen, tell him where to go TBH

i had the same thing many years ago, the guy that bought it was an MOT tester though

[sam1176uk]

Cool feel a bit better now thanks.

[dgibson2004]

Mate if its sold as seen he cant really come back to you and ask for money for the repairs.

I have just bought a car (private sale) and if something goes wrong with it I wouldnt dream of going back the person thats sold the car to me (unless it turns out to be stolen or a ringer/cut and shunt).

Some people will try anything.

You only have his word for him storing it over winter how do you know he hasnt driven it since or driven it on the way back with the handbrake on etc.....

As for the MOT failing on the exhaust (some garages will pass certain things some wont).

I remember my last MOT failed cause of some spacers on the front wheel where as previous MOT's it passed no problems.

I honestly think the guy is trying it on with you, and you should as 'Sheepy' stated send him the reciept back to him showing sold as seen.

Honestly I wouldnt even reply to the letter, but if you worried about it take a trip to the local citizens advice and run it by them, but to me 'Sold as Seen' is 'Sold as Seen'

[foxy-stoat]

I would wager that IF he had "taken advice" from a proper solicitor, they would of advised him that he hasnt got a chance of getting anything back off you!

Maybe you should reply back to him stating that after taking legal advice from your made up brother/sister/father inlaw who is a solicitor, that you have no obligation to make any payment or enter into future correspondence and, futher more, should you receive any summons or requests for payment for the alledged repair invoice(s) then you will issue proceedings against him for harrasment and stress.

Or just forget about the letter and throw it in the nearest recycling bin!

[Marf]

Right, this is very simple.

Private sale = caveat emptor = no comeback to seller.

Next time he contacts you, inform him that he has no legal comeback and that any further contact from him will be considered harrasment and reported as such to the police.

Ignore all contact from that point onwards.

He does not have a leg to stand on.

End of.