sold car, now guy wants money back!!
#44
i think the guy sounds like a chancer but sold as seen doesn't really stand anymore unless you have sold the car as salvage/scrap, an item has to be fit for the purpose it is intended, ie if you have sold him a car with major faults it is not fit
Obviously what you sold him sounds like it was fit and his trying one on and would not go to the legths to get anything back.
pete
Obviously what you sold him sounds like it was fit and his trying one on and would not go to the legths to get anything back.
pete
#45
#47
If i wanted to be perfect yes i'd start my sentences with capitals. I'd also point out that you don't need a capital C on capital after a comma.
So clearly you're not as thick as you first suggest so why use "fort" instead of "thought"?
#48
Sunday, day of rest so FORT i would give my fingers a rest instead of typing the full and proper word!
#49
#52
Originally Posted by airzfocus
Speaking of learning English, Capital letter after a question mark, but let's not go down that road shall we?
Dont forget capital is not with a Capital letter unless at the begining of a sentance.
Capitals do not follow a comma unless its a real name or an I.
Thanks
PS - Back on topic - My hourly rate is around £40, I have just spent 15 mins reading this thread so you owe me £10. Please send it now. Thanks.
Speaking of learning English, Capital letter after a question mark, but let's not go down that road shall we?
Dont forget capital is not with a Capital letter unless at the begining of a sentance.
Capitals do not follow a comma unless its a real name or an I.
Thanks
PS - Back on topic - My hourly rate is around £40, I have just spent 15 mins reading this thread so you owe me £10. Please send it now. Thanks.
#54
Not sure you earnt your 15mins worth there
#55
#59
1. can't believe ya didn't do a proper receipt for it ... covering your back is the first thing you need to be doing!
2. why the heck you gave him money is beyond me...he had driven the car for 2 n half days then just gives you a text....bollox to that!
3. let him get trading standards in...you can show them the ebay add...the price it was up for on there, the fact that he was more than interested and offered you the cash, after driving 2 hours and had a good snoop around the car etc... he doesn't have a leg to stand on and as already said....your not a trader!
stop worrying!
2. why the heck you gave him money is beyond me...he had driven the car for 2 n half days then just gives you a text....bollox to that!
3. let him get trading standards in...you can show them the ebay add...the price it was up for on there, the fact that he was more than interested and offered you the cash, after driving 2 hours and had a good snoop around the car etc... he doesn't have a leg to stand on and as already said....your not a trader!
stop worrying!
#62
'Sold as seen' means nothing whatsoever. But unless you advertised it as having no oil leaks and a new gearbox he has no comeback. Unless you deliberately mislead him he's no legal comeback whatsoever.
Be polite, as I presume he knows where you live, don't apologise, but tell him that he thoroughly inspected the car and it's unfortunate that these issues have developed after he bought the car.
Be polite, as I presume he knows where you live, don't apologise, but tell him that he thoroughly inspected the car and it's unfortunate that these issues have developed after he bought the car.
#65
#66
I bought a car off ebay last week only £500 i seen it bid on it at the last min went to collect it an hour later to be honest i never checked anything signed the paperwork and handed over the cash as i was silly enough to bid and effetivly buy without viewing. Luckily for me the car was well looked after and is far better than discribed but if it had of been a shed i'd of lived with it as it was the chance i took. You gave this clown plenty of oppertunity to pick fault decide etc he bought it he should live with it tell him to do one and if he's really that unhappy with it he should sell it on!!!
#67
what a cheeky cunt.
he cant do fuckall and trading standards would laugh. its a private sale. SIMPLE.
tell him to fuck off SIMPLE
cant believe you gave him £50.
end of the day he looked at it test drove it and gave you the money
he cant do fuckall and trading standards would laugh. its a private sale. SIMPLE.
tell him to fuck off SIMPLE
cant believe you gave him £50.
end of the day he looked at it test drove it and gave you the money
#69
As said the only thing u did wrong was not to get a receipt saying sold as seen etc. Just gives u that extra bit of backup if anything happens like this and he does try and get tradeing standards involved!! If he's bought the car of his own free will having checked it and signed to say so then thats pretty much that!!
It also comes in handy with the DVLA for example, the gf sold her mums cinquecento a few years back, she sent off the log book etc. A year or so after her mum gets a letter from the DVLA saying she hasnt payed her tax the last year blah blah blah, after a bit of arguing all they needed was the letter from the sale with his signature etc on and that was the end of it!! So a receipt has more than one use
It also comes in handy with the DVLA for example, the gf sold her mums cinquecento a few years back, she sent off the log book etc. A year or so after her mum gets a letter from the DVLA saying she hasnt payed her tax the last year blah blah blah, after a bit of arguing all they needed was the letter from the sale with his signature etc on and that was the end of it!! So a receipt has more than one use
#70
just to clarify, sold as seen is NOT recognised in the UK, it doent matter 1 iota if you have a receipt saying this, of this i know it is a fact.
Please read:
"When dealing with, or as, a consumer, the phrase “sold as seen” is effectively meaningless. The term “sold as seen” can only be applied in a reasonable manner and can only apply to the way the goods look: something that can easily be seen on a visual inspection. If one takes the example of a car, advertised for sale as “sold as seen”, the exclusion on liability can only apply to external features, such as scratched or damaged bodywork. It is not reasonable to expect a faulty exhaust or clutch to be picked up on the basis of a visual examination.
The problem for sellers, and the benefit for buyers, is the Sale of Goods Act 1979 (as amended). The Sale of Goods Act 1979 provides buyers with various rights, which state that the goods must be:
• as described
• fit for their purpose
• of satisfactory quality
When a consumer buys from a business their legal rights under the Sale of Goods Act 1979 cannot be taken away or reduced. This is what the phrase “sold as seen” seeks to do.
Any warranty or guarantee can only be given in addition to their legal rights, not instead of them.
Furthermore, using the term ‘sold as seen’ in these circumstances may also be a criminal offence under the Consumer Transactions (Restrictions on Statements) Order. It could be seen as an attempt to restrict a consumer’s legal rights. If a business wishes to use any disclaimers, either in contracts or in signs on their premises, it is best to seek legal advice or speak to trading standards first.
Sale and Supply of Goods Act - If you sell something, whether new or second-hand, it should be of satisfactory quality and fit for its ordinary everyday purpose. It should also be as you describe it.
David N Sheahan
June 2005
David Sheahan is an associate solicitor at Coyle White Devine, specialising in Commercial Litigation and Property Litigation."
But the fact they have inspected the car and was happy at the time of sale, by proof the money was handed over, the buyer does NOT have a leg to stand on and if legal action is threaten, will be laughed at by the solicitor, unless they can prove the problem was there when you sold the car to them and you infact misled them,which im sure you didnt.
Please read:
"When dealing with, or as, a consumer, the phrase “sold as seen” is effectively meaningless. The term “sold as seen” can only be applied in a reasonable manner and can only apply to the way the goods look: something that can easily be seen on a visual inspection. If one takes the example of a car, advertised for sale as “sold as seen”, the exclusion on liability can only apply to external features, such as scratched or damaged bodywork. It is not reasonable to expect a faulty exhaust or clutch to be picked up on the basis of a visual examination.
The problem for sellers, and the benefit for buyers, is the Sale of Goods Act 1979 (as amended). The Sale of Goods Act 1979 provides buyers with various rights, which state that the goods must be:
• as described
• fit for their purpose
• of satisfactory quality
When a consumer buys from a business their legal rights under the Sale of Goods Act 1979 cannot be taken away or reduced. This is what the phrase “sold as seen” seeks to do.
Any warranty or guarantee can only be given in addition to their legal rights, not instead of them.
Furthermore, using the term ‘sold as seen’ in these circumstances may also be a criminal offence under the Consumer Transactions (Restrictions on Statements) Order. It could be seen as an attempt to restrict a consumer’s legal rights. If a business wishes to use any disclaimers, either in contracts or in signs on their premises, it is best to seek legal advice or speak to trading standards first.
Sale and Supply of Goods Act - If you sell something, whether new or second-hand, it should be of satisfactory quality and fit for its ordinary everyday purpose. It should also be as you describe it.
David N Sheahan
June 2005
David Sheahan is an associate solicitor at Coyle White Devine, specialising in Commercial Litigation and Property Litigation."
But the fact they have inspected the car and was happy at the time of sale, by proof the money was handed over, the buyer does NOT have a leg to stand on and if legal action is threaten, will be laughed at by the solicitor, unless they can prove the problem was there when you sold the car to them and you infact misled them,which im sure you didnt.
Last edited by st3v3; 14-03-2010 at 08:28 PM.
#71
#75
just to clarify, sold as seen is NOT recognised in the UK, it doent matter 1 iota if you have a receipt saying this, of this i know it is a fact.
Please read:
"When dealing with, or as, a consumer, the phrase “sold as seen” is effectively meaningless. The term “sold as seen” can only be applied in a reasonable manner and can only apply to the way the goods look: something that can easily be seen on a visual inspection. If one takes the example of a car, advertised for sale as “sold as seen”, the exclusion on liability can only apply to external features, such as scratched or damaged bodywork. It is not reasonable to expect a faulty exhaust or clutch to be picked up on the basis of a visual examination.
The problem for sellers, and the benefit for buyers, is the Sale of Goods Act 1979 (as amended). The Sale of Goods Act 1979 provides buyers with various rights, which state that the goods must be:
• as described
• fit for their purpose
• of satisfactory quality
When a consumer buys from a business their legal rights under the Sale of Goods Act 1979 cannot be taken away or reduced. This is what the phrase “sold as seen” seeks to do.
Any warranty or guarantee can only be given in addition to their legal rights, not instead of them.
Furthermore, using the term ‘sold as seen’ in these circumstances may also be a criminal offence under the Consumer Transactions (Restrictions on Statements) Order. It could be seen as an attempt to restrict a consumer’s legal rights. If a business wishes to use any disclaimers, either in contracts or in signs on their premises, it is best to seek legal advice or speak to trading standards first.
Sale and Supply of Goods Act - If you sell something, whether new or second-hand, it should be of satisfactory quality and fit for its ordinary everyday purpose. It should also be as you describe it.
David N Sheahan
June 2005
David Sheahan is an associate solicitor at Coyle White Devine, specialising in Commercial Litigation and Property Litigation."
But the fact they have inspected the car and was happy at the time of sale, by proof the money was handed over, the buyer does NOT have a leg to stand on and if legal action is threaten, will be laughed at by the solicitor, unless they can prove the problem was there when you sold the car to them and you infact misled them,which im sure you didnt.
Please read:
"When dealing with, or as, a consumer, the phrase “sold as seen” is effectively meaningless. The term “sold as seen” can only be applied in a reasonable manner and can only apply to the way the goods look: something that can easily be seen on a visual inspection. If one takes the example of a car, advertised for sale as “sold as seen”, the exclusion on liability can only apply to external features, such as scratched or damaged bodywork. It is not reasonable to expect a faulty exhaust or clutch to be picked up on the basis of a visual examination.
The problem for sellers, and the benefit for buyers, is the Sale of Goods Act 1979 (as amended). The Sale of Goods Act 1979 provides buyers with various rights, which state that the goods must be:
• as described
• fit for their purpose
• of satisfactory quality
When a consumer buys from a business their legal rights under the Sale of Goods Act 1979 cannot be taken away or reduced. This is what the phrase “sold as seen” seeks to do.
Any warranty or guarantee can only be given in addition to their legal rights, not instead of them.
Furthermore, using the term ‘sold as seen’ in these circumstances may also be a criminal offence under the Consumer Transactions (Restrictions on Statements) Order. It could be seen as an attempt to restrict a consumer’s legal rights. If a business wishes to use any disclaimers, either in contracts or in signs on their premises, it is best to seek legal advice or speak to trading standards first.
Sale and Supply of Goods Act - If you sell something, whether new or second-hand, it should be of satisfactory quality and fit for its ordinary everyday purpose. It should also be as you describe it.
David N Sheahan
June 2005
David Sheahan is an associate solicitor at Coyle White Devine, specialising in Commercial Litigation and Property Litigation."
But the fact they have inspected the car and was happy at the time of sale, by proof the money was handed over, the buyer does NOT have a leg to stand on and if legal action is threaten, will be laughed at by the solicitor, unless they can prove the problem was there when you sold the car to them and you infact misled them,which im sure you didnt.
#77
The sale of goods act applies to anything SOLD, hence the name SALES of goods act, private or trade.
Regulatory Compliance Briefing Note -
Online Auctions & Consumer Protection
Online Auctions
The Sale of Goods Act applies to online auctions in the same way it applies to physical auctions. The 2002 Regulations grant consumers new rights that assimilate the responsibilities of persons selling through auctions to normal retail sales. These rights exist against the auctioneer where second-hand goods are purchased in an unattended auction, i.e. via the internet, telephone, fax or mail-order. Of course, auction sites, such as eBay, are normally structured so that the purchaser and vendor contract with one another. This would be categorised as a private auction, in which the vendor takes on role of a facilitator of price. Online auctioneers almost universally require in their terms of business that the bidder is required to enter into a contract with the seller after the auction has concluded. This is to be distinguished from a traditional auction, where the contract is formed at the moment the auctioneer’s hammer falls.
Exceptions to the Sales of Goods Act 1979
Conveyancing transactions and real property are excluded by the Sale of Goods Act 1979. Also omitted are private sales from individuals, for instance, where the initial contact has been made through ‘Loot’ or other similar trade publications. Despite this, sales are not permitted by misleading or misrepresenting the goods and reference should be made to the Trade Descriptions Act 1968. The goods must also be safe and as described.
The Act is applicable to second-hand goods, though consideration is given to their age and fact that they are second-hand
Regulatory Compliance Briefing Note -
Online Auctions & Consumer Protection
Online Auctions
The Sale of Goods Act applies to online auctions in the same way it applies to physical auctions. The 2002 Regulations grant consumers new rights that assimilate the responsibilities of persons selling through auctions to normal retail sales. These rights exist against the auctioneer where second-hand goods are purchased in an unattended auction, i.e. via the internet, telephone, fax or mail-order. Of course, auction sites, such as eBay, are normally structured so that the purchaser and vendor contract with one another. This would be categorised as a private auction, in which the vendor takes on role of a facilitator of price. Online auctioneers almost universally require in their terms of business that the bidder is required to enter into a contract with the seller after the auction has concluded. This is to be distinguished from a traditional auction, where the contract is formed at the moment the auctioneer’s hammer falls.
Exceptions to the Sales of Goods Act 1979
Conveyancing transactions and real property are excluded by the Sale of Goods Act 1979. Also omitted are private sales from individuals, for instance, where the initial contact has been made through ‘Loot’ or other similar trade publications. Despite this, sales are not permitted by misleading or misrepresenting the goods and reference should be made to the Trade Descriptions Act 1968. The goods must also be safe and as described.
The Act is applicable to second-hand goods, though consideration is given to their age and fact that they are second-hand
Last edited by st3v3; 14-03-2010 at 09:19 PM.
#78
I bought a car off ebay last week only £500 i seen it bid on it at the last min went to collect it an hour later to be honest i never checked anything signed the paperwork and handed over the cash as i was silly enough to bid and effetivly buy without viewing. Luckily for me the car was well looked after and is far better than discribed but if it had of been a shed i'd of lived with it as it was the chance i took. You gave this clown plenty of oppertunity to pick fault decide etc he bought it he should live with it tell him to do one and if he's really that unhappy with it he should sell it on!!!
exactly, i've bought three cars from ebay all have been last minute purchases and i've turned up with the money in full looked at the car, handed over the cash and driven off. actually in all cases they've all had issues but not once have i complained. it was sold at auction and i bought it without looking beforehand, my fault, end of.
on the other hand i recently sold a car on ebay, accident damaged, sold as seen, no tax, no mot, previously written off cat c. The chap had a look, three times, looked at everything, took photos to show his dad how bad the damage was or something and made an offer which i accepted. i drove it to his house and delivered it. everyone was happy.
week later he's at my work while i was out so he call me up, complaining theres play in one of the ball joints, the chassis is bent the front axle is out of line to the rear. but it drives and brakes in a straight line - his words not mine. he asked if i would come and check something for him to which i foolishly agreed. then last week i got a phone call, 8.30pm. i mean who the fuck calls someone that late?! obviously i didn't answer.
i think the moral of the story is buyers are not your friends, as soon as money exchanges hands they can fuck off.
#79
i sold a private car on auto trader and i had trading standards contact me due to a blow on the exhaust so if the man wanted to get funny he could, as said goods sold have to be fit for there purpose but it took them 3 months to get hold of me so i doubt he would bother.
#80
i would say you dont no what he has done to the car wile he has had it and offer to buy the car back for £500................................
then ring him up a few days later complaining that a tyre has gone flat and you want the money for the new tyre
then ring him up a few days later complaining that a tyre has gone flat and you want the money for the new tyre