So someone wants to sue me

Daveymaclad · 09-10-15, 07:44 PM

A lovely thing to come home to after a 12 hour day on the road and sitting through a seminar.

A letter from the old retired guy who I sold my BMW to stating he's sought legal advice and seeks to sue me.

Got a letter from him 6 weeks after selling him the car stating x,y,z was wrong with it and he wanted a full refund.

I responded to say I had fulfilled my duties as a private seller and addressed each point (emissions/oil consumption, boot lid operation & gearbox). Emissions is purely down to way it's driven, it needs a blast at 3.5-4k every now and then to blow the crap through the system. he stated minor oil leak not mentioned (which not only was on the MOT issued 3 days before sale but also pointed out to him!) The boot lid I ran through with him what to do to keep it operational, which he accepted and the gearbox is a pure fabrication, worked completely fine in the 8 months I had it.

Even though I have no obligation to buy it back I did offer £500 less than I paid on the basis that the gearbox fault had developed during the six weeks he's owned it.

He completely rejected that offer and is actually asking for £700 MORE than I paid for it for costs that he's "incurred" during ownership!!!

I'm absolutely gobsmacked to have received this letter especially after my rather generous offer I put back which I had no need to do.

Also comes one day after my wifes alfa shat it's clutch and set me back £1,100 to fix

StoutyBoy · 09-10-15, 07:51 PM

Hmmm. Not great. Sorry to hear that. Cease replies of offers though. Presumably 'sold as seen'. Did he sign anything when you parted with it?

Maybe the crafty git has been reading too much into the newly revamped consumer laws...

Let him stew. If you have evidence of the original ad' etc, he will incur costs to sue and be on very thin ice. Know a friendly solicitor you can run it by?

Daveymaclad · 09-10-15, 08:02 PM

Nothing other than the V5 signed. No further communication will be forthcoming on my part and not only is my cousin a barrister but I also meet with a firm of solicitors every tuesday at work so will pass the letter to them and see what they recommend.

Personally I did everything I could reasonably do as a seller, said I was happy for a specialist to view if he wanted but he chose not to!

StoutyBoy · 09-10-15, 08:09 PM

Game over. No sleep to lose. He'd be dumb to pursue it.

Isimmo · 09-10-15, 09:30 PM

Quote:

Originally Posted by StoutyBoy

Game over. No sleep to lose. He'd be dumb to pursue it.

This... Ignore... delete and file for harassment, duress and intimidation..

Ringmaster · 09-10-15, 11:16 PM

It was a private sale, his word against yours, and Caveat Emteor still applies under new consumer regs as far as I can tell, so I don't believe he will succeed.

4WDrifter · 10-10-15, 07:44 AM

Nearly sounds like he married in haste and doesn't want to repent at leisure. Tell him to get lost!

4v6 · 10-10-15, 09:34 AM

Keep all correspondence and ignore the cabbage.
If he keeps at it then youll have all the info and evidence you need.

Sold as seen, buyer beware, caveat emptor and bugger right off all apply.

Daveymaclad · 10-10-15, 09:51 AM

Yup thanks all.

I went through my rights as seller and I'm absolutely sure I've done all I had to. 30+ cars I've sold and nothing like this ever!

In fact the alfa I bought that just died was from my dad and he just turned round and said caveat emptor too!

I'm just going to ignore it but it's still an annoying thing to get. My 3rd of three dropped on my doormat this morning. Apparently underpaid tax so I've got a bill from them too.

Hopefully that should be my lot for a while!

Daveymaclad · 10-10-15, 09:54 AM

Oh and the MOT on the car was THREE days old at time of sale!!

09-10-15, 08:02 PM	#3
Daveymaclad 4 ring whore! Classic Audi Club Member Join Date: Feb 2009 Location: Bursledon - Southampton Posts: 2,575	Nothing other than the V5 signed. No further communication will be forthcoming on my part and not only is my cousin a barrister but I also meet with a firm of solicitors every tuesday at work so will pass the letter to them and see what they recommend. Personally I did everything I could reasonably do as a seller, said I was happy for a specialist to view if he wanted but he chose not to! __________________ 2008 RS6 avant SOLD 1988 UR Quattro

10-10-15, 09:51 AM	#9
Daveymaclad 4 ring whore! Classic Audi Club Member Join Date: Feb 2009 Location: Bursledon - Southampton Posts: 2,575	Yup thanks all. I went through my rights as seller and I'm absolutely sure I've done all I had to. 30+ cars I've sold and nothing like this ever! In fact the alfa I bought that just died was from my dad and he just turned round and said caveat emptor too! I'm just going to ignore it but it's still an annoying thing to get. My 3rd of three dropped on my doormat this morning. Apparently underpaid tax so I've got a bill from them too. Hopefully that should be my lot for a while! __________________ 2008 RS6 avant SOLD 1988 UR Quattro

10-10-15, 09:54 AM	#10
Daveymaclad 4 ring whore! Classic Audi Club Member Join Date: Feb 2009 Location: Bursledon - Southampton Posts: 2,575	Oh and the MOT on the car was THREE days old at time of sale!! __________________ 2008 RS6 avant SOLD 1988 UR Quattro

09-10-15, 07:51 PM	#2
StoutyBoy Grown up member Join Date: Sep 2015 Location: Sussex Posts: 95	Hmmm. Not great. Sorry to hear that. Cease replies of offers though. Presumably 'sold as seen'. Did he sign anything when you parted with it? Maybe the crafty git has been reading too much into the newly revamped consumer laws... Let him stew. If you have evidence of the original ad' etc, he will incur costs to sue and be on very thin ice. Know a friendly solicitor you can run it by?

09-10-15, 08:09 PM	#4
StoutyBoy Grown up member Join Date: Sep 2015 Location: Sussex Posts: 95	Game over. No sleep to lose. He'd be dumb to pursue it.

09-10-15, 11:16 PM	#6
Ringmaster Senior Member Classic Audi Club Member Join Date: Apr 2008 Posts: 1,336	It was a private sale, his word against yours, and Caveat Emteor still applies under new consumer regs as far as I can tell, so I don't believe he will succeed.

10-10-15, 07:44 AM	#7
4WDrifter Grown up member Classic Audi Club Member Join Date: Jun 2013 Location: Northern Ireland Posts: 209	Nearly sounds like he married in haste and doesn't want to repent at leisure. Tell him to get lost!

10-10-15, 09:34 AM	#8
4v6 Ex Member Classic Audi Club Member Join Date: Dec 2007 Posts: 5,565	Keep all correspondence and ignore the cabbage. If he keeps at it then youll have all the info and evidence you need. Sold as seen, buyer beware, caveat emptor and bugger right off all apply.