geordiegooner

any help would be very helpful.
basically sold a cat c watered damaged vw polo 05 plate to a women who seen the advert on ebay and never even veiwed the car for £1850.i'd drove it for about 80 miles altogether to mot and get it vic checked and when at garage was told the clattering noise from the engine was the timing chain and would need replacing which the buyer was told.
the advert:
FULL 12 MONTHS MOT AND BEEN VIC CHECKED!
volkswagen polo 1.2 05 plate 5dr reg 23/3/05.
36884k miles,1 previous lady owner,with full vwsh last service was on dec 2010 @ 35763 miles.
very clean inside and out but does have the odd ding here and there.
standard-e/w,e/m,c-locking,aircon,alloys with new pirelli tyres.
recently fitted 3 new ignition coils and sparkplugs from vw at a cost of £125.
this car is direct from a insurance company having been registered as a cat c water damaged car.(sometime from last service in december to end of febuary)it has been totally dried out and seats and carpet valeted.car starts and drives but does require attention and few parts to finish.
i have plenty more pictures of car or can take any picture you require just let me know.

the advert states that the car was a cat c water damaged and does start and drive but requires attention which i told her was the timing chain as thats what the garage told me.
she's now threaterning(sp?)court action for fraud as she say's she's had the timing chain changed at x amount and the vw garage have told her the engine is basicly f@@ked and want x amount to put it back together and £1400 for a replacement engine.

where does she stand?

thanks for any help

dannymc86rscab

did you sell ..sold as seen??
also are you a car dealer?? with private sale she would have to take you to a small claims court mate, which would be expensive for her, and if you have proof of saying which you had in the advert she hasnt really got a leg to stand on. You wasnt to know what was the exact problem with the car but at least you stated that you thought there was an issue! personally mate i wouldnt worry too much just seems like another chancer out there who wants something for nothing!
be polite to her if she contacts you again and basically in the nicest possible way tell her its not your problem and to piss off

zippyobrien

iTrader: (2)

She's just chancing it mate. Your advert is honest enough, and even if she did have a leg to stand on, its a cat write off so is automatically a non warrentyed sale.

Chip

iTrader: (3)

As you say it requires attention and parts to finnish, I dont see that she will have much luck in the courts TBH

Flucker01

Agreed. You offered no warranty and never claimed to be a vw technician, so you never guaranteed it was the timing chain. I'd tell her to get fucked.

charlie luciano

iTrader: (3)

If you were honest in your ad I don't see that she's got a leg to stand on tbh


Luciano

Dlatch!

she don't really have much of a chance there and more than likely the VW garage is trying it on with it needing a new engine

fordsportjay

iTrader: (6)

you havent mis-advertised the car.cant see a problem for you.
she took a chance buying a written off car with some issues for a lot less than one would be on a garage forecourt in near perfect condition with a warranty.

Mr RS500

iTrader: (6)

Tell her to do one

you sold the car needing attention , doesnt matter what she says she knew it needed work

she wont stand a chance against you , and it doesnt matter if your a trader or not if its sold with faults and the buyer knows

Escow-Van

Jog on lass...

geordiegooner

cheers i'm not a trader,and was told by the garage that mot'd it that the timing chain needed replacing as that was the noise.why would her garage change the chain if they knew the engine was f@@ked?

geordiegooner

well ive just had a very nice chat with the womens bloke threating to get me done over in the next few days because i'll not do anything about the car.

zippyobrien

iTrader: (2)

Still trying there luck. And I'd kindly remind him that you've got there adress to.

Vw trying to rip them of.

dojj

iTrader: (3)

that sort of stuff you can report to the police

Adam.

Love the way people clearly buy the cheapest priced model they can find, then moan about a stonechip in the bonnet

thebigmacmoomin

Can you record the phone calls, so, if the police do get involved, you have evidence of any threats made against you?

Oranoco

Sounds like the typical "buy something at a rock bottom price and expect a perfect example" type people. They purchased it knowing full well it had some issues and they still went ahead, they should have had it checked out if they didn't know.

matts1

keep any threatening emails, and make notes of calls, what was said, when and by who.

First thing i would do is contact the police to say you have be threatened.

They bought a cat c car sold as requiring attention, now they are just gutted they didn't get the bargain they thought they were going to get and are trying to point fingers.

I dare say a call or vist from the plod will quieten them down.

If they take you to court and loose dont they have to pay your court costs?

zippyobrien

iTrader: (2)

Yh they would have to pay.

robp-tt

iTrader: (1)

As far as I know she only has 3days from the time the car was bought to either complane or ask for a refund, any time after that she can't do any thing or expect any thing, selling sold as seen dosnt mean any thing any more because if there not happy by law they can have a refund after 3days

robp-tt

iTrader: (1)

That's ment to say after 3days they can't do nothing

Oranoco

You mean "can't do anything" as "can't do nothing" would mean they could do something

Ditto though mate, was going to say "sold as seen" means nothing as under the Sale of Goods Act 1984 (iirc) goods, including second hand items, must be fit for purpose

matts1

surely though even within 3 days they can only ask for a refund or fixes IF it is not as described??

Otherwise you would have people just buying a car for a weekend trip then getting their cash back after a couple of days use?

Rikochet

She doesn't have a leg to stand on, and as for her husband, get him charged with harrassment right now. Go to the police and tell them exactly what happened and that this guy is threatening you. People who threaten others like that are bullies and deserve a good grassing up.

Rikochet

As for small claims court, they'll laugh at her.

Marvin_hagler_

had the same thing happen by a snide who was too scared to come round face to face and said he would come round in the night and do my ride,i said and if i catch you i will slit your throat and make you look into my eyes when you slip away punk.

no i didn't say that i called the old bill and explained to a very nice wpc who contacted the tit and said owt funny happens and were calling round for you. Funny thing was that was the end of it hahahahah

BRAMMER

iTrader: (23)

A lot of people are under the impression that it's easy to take someone to a small claims court, it's not at all and if they get you there in this case they can't really do anything for her.

geordiegooner

went to the police who have spoken to her and basicly told her theres nothing she can do as long as ive described it as i have so we'll see.

thanks for the info

scottyrs

iTrader: (1)

glad to hear it mate

matts1

hopefully that will be an end to it.

I was selling a puma the other month, clearly stated NON RUNNER and that the engine had overheated.

I recieved a call from someone who had no idea it was a non runner? and when I told them said 'oh, i thought it was cheap' lol!

The a girl emailed asking if it was a good runner? WTF.

People just think they are getting a bargain and dont bothered to actually read the description then expect the seller to sort it out.

Paulo P

I sold my wife's old VR6 5 years ago with what was genuinely a cam chain noise and I sold it cheap and told the guy that bought it that the chain needed changing but he blew it up the following day and admitted driving it with the water temp in the red and fried the engine!

He was a very young guy and he called me to say it'd blown up and he was bringing it back for a full refund! I told him this isn't Tesco's and I've no idea what you've done to it! Eventually he calmed down after the old bill got involved and he admitted what he'd done and I stupidly gave him £200 towards getting it fixed to save damage to my car but he didn't have a leg to stand on

I was daft back then to give him the cash but it wasn't a nice experience and I just wanted rid of him.

As far as the law goes "sold as seen" means nothing and neither does a receipt if you're a private seller, if you're a trader it's a different matter.

Just cover your arse I say, if you have decent cars outside your house is it worth the risk? I sold my wife's car to a scrote and I take that as a lesson, I'd rather lose the sale now than sell to someone like that.

Chip

iTrader: (3)

"sold as seen" is irrelevant as its not the bits you have seen that are the issue, it means nothing at all.

You need to put something stating "spares or repairs" or similar before a person buying a car doesnt have the right for it to work properly (as the original poster did)

Psycho Warren

iTrader: (5)

Id tell her that youll see her in court, be it small claims or magistrates court for threatening behaviour

Be as much of a sarcastic or smarmy cunt as you want as she's got no leg to stand on and cant do anything about it.

stu21t

I had a great 1 years ago,
I was about 20 and sold a R5 gtt to my birds sisters, boyfriends brother lol.
Some1 i knew, and we have a lot of mutual friends.
I took the car as a part ex, drove it twice, cleaned it and he bought it a week later. He knew the score with it, i knew nothing about it really.
Anyway he sold it a couple of months later then 1 day i was at home with my mum and a knock at the door.
Some little scummy bloke was standin there askin me what was wrong with the 5 and would i fix it!!!
He said the rev counter didnt work, and the steering wheel fell off as he went round a corner.
I went and had a look and it didnt even have the same wheel i sold it with!!! Unbelievable.

I was nice and polite and sent him on his way then rang the fella i sold it to, he knew nothing about it, so i rang his brother, again no idea, so i rang their house phone and spoke to their dad. It was him that gave the bloke my address and told him to come and see me.
Aparently the bloke they sold it to was ringing them threatening them sayin he was gunna knife their tyres/brick the windows... If they didnt fix the car. So they sent him round mine.
To say i wasnt best pleased is an understatement.
The man was very lucky his son was goin out with my birds sister (now married to her)