sold car, now guy wants money back!!
14-03-2010 | 09:33 PM
#82
............
Joined: Jun 2003
Posts: 12,970
Likes: 103
From: West Mids
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
It is not applicable.
14-03-2010 | 10:03 PM
#85
PassionFord Post Whore!!
Joined: May 2003
Posts: 7,617
Likes: 1
From: Not near you
no matter how big you write it, it still says at the bottom "The Act is applicable to second-hand goods, though consideration is given to their age and fact that they are second-hand"
Conveyancing transactions and real property are excluded by the Sale of Goods Act 1979. Also omitted are private sales from individuals. (real property!!!! as in real estate)
or did you miss that bit?
Conveyancing transactions and real property are excluded by the Sale of Goods Act 1979. Also omitted are private sales from individuals. (real property!!!! as in real estate)
or did you miss that bit?
Last edited by st3v3; 14-03-2010 at 10:06 PM.
14-03-2010 | 10:07 PM
#86
i bought a car
from ebay
from a "buy it now" trader
went to see it
drove nice
had a knock though
guy selling it said that he had the bit to fix the knock in the back
showed it to me
sorted
still knocked £200 of the price tag
3 weeks later it shit the gearbox
a week, new box, clutch, slave cylinder and master cylinder and £550 later what was i supposed to do?
3 weeks after that it dropped it's water
wrong thermostat fitted
silicon used to plug the gap
deformed thermostat housing
another week off the road and another £200 because i get him to do the timing belt and shit at the same time as do a service and water
still got a case?
if i'd spent more than £1100 on the car then yes
even with the mot being failed oop north with 112,000 miles on the clock but it being passed 2 weeks later with 76,000 miles on the clock, it was half the price i'd been looking to pay for the car, even with the cost of the things being fooked, i am still better off
do i still make a fuss?
etc
from ebay
from a "buy it now" trader
went to see it
drove nice
had a knock though
guy selling it said that he had the bit to fix the knock in the back
showed it to me
sorted
still knocked £200 of the price tag
3 weeks later it shit the gearbox
a week, new box, clutch, slave cylinder and master cylinder and £550 later what was i supposed to do?
3 weeks after that it dropped it's water
wrong thermostat fitted
silicon used to plug the gap
deformed thermostat housing
another week off the road and another £200 because i get him to do the timing belt and shit at the same time as do a service and water
still got a case?
if i'd spent more than £1100 on the car then yes
even with the mot being failed oop north with 112,000 miles on the clock but it being passed 2 weeks later with 76,000 miles on the clock, it was half the price i'd been looking to pay for the car, even with the cost of the things being fooked, i am still better off
do i still make a fuss?
etc
14-03-2010 | 10:18 PM
#87
I've found that life I needed.. It's HERE!!
iTrader: (3)
Joined: Oct 2007
Posts: 1,459
Likes: 0
From: Kent
no matter how big you write it, it still says at the bottom "The Act is applicable to second-hand goods, though consideration is given to their age and fact that they are second-hand"
Conveyancing transactions and real property are excluded by the Sale of Goods Act 1979. Also omitted are private sales from individuals. (real property!!!! as in real estate)
or did you miss that bit?
Conveyancing transactions and real property are excluded by the Sale of Goods Act 1979. Also omitted are private sales from individuals. (real property!!!! as in real estate)
or did you miss that bit?
yes it does mate but second hand in a retail shop like cash convertors or a secondhand car dealer or if a shop is selling an ex demo unit not a private sale!
so tell him to go fuck him self.
cheers,
Phil
14-03-2010 | 10:22 PM
#88
............
Joined: Jun 2003
Posts: 12,970
Likes: 103
From: West Mids
no matter how big you write it, it still says at the bottom "The Act is applicable to second-hand goods, though consideration is given to their age and fact that they are second-hand"
Conveyancing transactions and real property are excluded by the Sale of Goods Act 1979. Also omitted are private sales from individuals. (real property!!!! as in real estate)
or did you miss that bit?
Conveyancing transactions and real property are excluded by the Sale of Goods Act 1979. Also omitted are private sales from individuals. (real property!!!! as in real estate)
or did you miss that bit?
We can argue about this all night if you like, I am qualified in business law.
If you dont want to believe me, call citizens advice or speak to a solicitor. For the last time SOGA does not apply to a private car sale.
14-03-2010 | 10:30 PM
#89
PassionFord Post Whore!!
iTrader: (1)
Joined: Jun 2003
Posts: 3,781
Likes: 20
From: Lincolnshire Home Of The Pothole
I'm trying not be be funny, I can read, you dont seem to understand the SOGA only applies to stuff sold through official retail/trade outlets, as the rules apply to the 'trader' in laymans terms
We can argue about this all night if you like, I am qualified in business law.
If you dont want to believe me, call citizens advice or speak to a solicitor. For the last time SOGA does not apply to a private car sale.
We can argue about this all night if you like, I am qualified in business law.
If you dont want to believe me, call citizens advice or speak to a solicitor. For the last time SOGA does not apply to a private car sale.
14-03-2010 | 10:37 PM
#90
Too many posts.. I need a life!!
Joined: Jun 2009
Posts: 656
Likes: 0
From: Here and there ...
no matter how big you write it, it still says at the bottom "The Act is applicable to second-hand goods, though consideration is given to their age and fact that they are second-hand"
Conveyancing transactions and real property are excluded by the Sale of Goods Act 1979. Also omitted are private sales from individuals. (real property!!!! as in real estate)
or did you miss that bit?
Conveyancing transactions and real property are excluded by the Sale of Goods Act 1979. Also omitted are private sales from individuals. (real property!!!! as in real estate)
or did you miss that bit?
Private sales = virtually no legal recourse, even if an item is misdescribed or unfit for the purpose sold.
Furthermore, something that I think practically everyone if not everyone seems to have missed - Trading Standards? Seriously, WTF! The clue is in the name Trading Standards deals with traders, not private sales.
The buyer of the car is taking the piss, why the OP gave him £50 back I do not know, as he has absolutely no legal obligation to do so. The best advice given the the OP is the tell the buyer of the car where to go.
Last edited by Isaac.Hunt; 14-03-2010 at 10:40 PM.
14-03-2010 | 10:37 PM
#91
............
Joined: Jun 2003
Posts: 12,970
Likes: 103
From: West Mids
14-03-2010 | 11:09 PM
#92
PassionFord Post Whore!!
Joined: Oct 2005
Posts: 4,868
Likes: 48
From: NORTHANTS
In the sellers defence i guess the reason he gave the buyer £50 back was because in the heat of the moment £50 sounded better than £100 and he thought that that was the easiest way to put an end to the matter. I doubt if he knew the buyer would try pushing the issues further later. Hindsight is a wonderful thing but something none of us have (until it's too late).
15-03-2010 | 12:10 AM
#93
PassionFord Post Whore!!
Joined: May 2004
Posts: 4,530
Likes: 2
From: High Wycombe, Bucks
Anyways he was local to me so I gave him £200, I shouldn't have done but considering he lived 10 miles away and had some nasty looking mates I wasn't going to risk damage to our cars parked on our driveway because the damage would have cost more than £200 to sort.
Bottom line is it's his fault if he didn't have the car checked out before he bought it, it was a private sale and you owe him nothing.
15-03-2010 | 12:27 AM
#94
Virgin
Joined: Mar 2010
Posts: 7
Likes: 0
From: grimsby
I worked as an advisor for 3 yrs (citizens advice bureau) and dealt with alot of this, first of all your not a trader so even if he did go to them there is next to nothing they would do, apart from if he felt strongly enough he could take you to small claims court and apart from you writing down that the car was absolutley perfect in everyway and signing it in blood i don't think he would win, you told him about the battery etc and took him for a testdrive, theres no point him saying to a csmall claims court he wants his money back because a mechanic said he thinks the gearbox is ON ITS WAY OUT very conclusive eh! i could go on m8 but basically he's clutchin at straws plus it would cost him more money to do it anyway, the other guys are right tell him you gave no warranty or garauntees so do one!!
15-03-2010 | 08:06 PM
#95
Thread Starter
I'm Finding My Feet Here Now
Joined: Sep 2008
Posts: 147
Likes: 0
From: manchester
In the sellers defence i guess the reason he gave the buyer £50 back was because in the heat of the moment £50 sounded better than £100 and he thought that that was the easiest way to put an end to the matter. I doubt if he knew the buyer would try pushing the issues further later. Hindsight is a wonderful thing but something none of us have (until it's too late).
Pritty much hit the nail on the head there mate, just did it cause i fort it was the half decent thing to do, i dont think that now and relise how stupid i was to do that, but all i can say i think hes definitly trying to pull a fast one other me, got another txt this morning saying if i dont contact him today he will see me in court, but no worrying after readings the posts on here, thanks everyone......cheers for calling me a clown and muppet ect! lol
15-03-2010 | 08:44 PM
#96
Wahay!! I've lost my Virginity!!
Joined: Jul 2006
Posts: 97
Likes: 0
Just to add me bit,
i sold my girlfriends clio, the water pump was leaking (and was advertised as so) the guy came to collect it, he lives over 200miles away gave him 4 liters off water and told him to keep checking it.
We get a text the next day saying something like 'thanks alot the car blew up on the way home' he got trading standards involved, i rang trading standards up and the guy said being that its a private sale and it is sold as is, they wont bother looking into it.
i sold my girlfriends clio, the water pump was leaking (and was advertised as so) the guy came to collect it, he lives over 200miles away gave him 4 liters off water and told him to keep checking it.
We get a text the next day saying something like 'thanks alot the car blew up on the way home' he got trading standards involved, i rang trading standards up and the guy said being that its a private sale and it is sold as is, they wont bother looking into it.
15-03-2010 | 10:30 PM
#99
I've found that life I needed.. It's HERE!!
iTrader: (3)
Joined: Oct 2007
Posts: 1,459
Likes: 0
From: Kent
ask him if he knows what this is?
If he doesn't tell him it's the smallest violin in the world and you've been playing it all day for him but he still aint getting his money back.
Tell him to take you to court and not to forget to get in contact with 'rogue traders'
cheers,
Phil
If he doesn't tell him it's the smallest violin in the world and you've been playing it all day for him but he still aint getting his money back.
Tell him to take you to court and not to forget to get in contact with 'rogue traders'
cheers,
Phil
15-03-2010 | 10:50 PM
#100
BANNED
Joined: Apr 2005
Posts: 6,160
Likes: 3
From: London
15-03-2010 | 10:56 PM
#102
BANNED
Joined: Apr 2005
Posts: 6,160
Likes: 3
From: London
Deflect all you want I'm not nearly the first to comment on your sticky finger'd past.
Twat
15-03-2010 | 11:21 PM
#106
BANNED
Joined: Apr 2005
Posts: 6,160
Likes: 3
From: London
Find a job before giving it the sweeping life statements bigshot, I worked for Audi until starting Uni last October, but cheers for the concern.
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