Any Legal Experts On Here Re A Car Sale?

[clf]

Just out of curiosity, did he view the car prior to bidding, or try to bargain you do further at the time of collection?

[scorpio]

You can change the owner on-line just do that and let him stew, he has no recourse as you told him it was maybe only suitable for parts.

[AURORA MG]

Originally Posted by Darcydog

This is very likely the scenario that you could inflict upon this chap. However you would evidence of some sort. From what you say:-

"I sold the car for £230 & he wants £85 back as he says - Full & Final Settlement. He then added if I am not forthcoming with this he will consider Small Claims Court & or given the V5 scenario put the car on the road & let it get retrieved by DVLA & then they would presumably pursue my Son."

I would tell him to go to the SCC if he wants because it will cost him close to £85 to register the claim - and with the evidence of the wording of your advertisement - it is clear that you covered all your bases and your advert was as honest as was reasonably possible.

I assume that you and your son did complete the relevant sections of the V5?

If not then ASAP inform the DVLA that you have sold it quoting the 11 digit reference number from the V5C (also can be found on an old VED reminder if you have one) and the cars registration. Tell the DVLA that it was sold spares or repair and tell them the new owner.

Keep copies of everything you send them.

Their threat to put the car on the road unless you give then £85 is blackmail and is taken seriously by the police. But you do need evidence of the threat.

Regarding the V5, my Son bought the car at the end of August last & presumably the V5 was sent off as he had the tear off green slip though not filled in ( I have posted this to the new owner). Whether my son received the new V5 or not I have no idea as he could not find it when I asked for it. Therefore nothing was filled in by anyone as there was nothing to write it on.I am not happy with his lack of common sense to be fair.
Now I don't have the slip I have no record of the 16 digit number etc.

The buyer did NOT view the car. MJS Auto Marine collected it while I was still at work.
The Clutch Bearing seizure statement in my advert text was based on a local Mobile MGR Technician popping in to look at it. He looked at the pedal which was on floor & the lever going into the top of gearbox was jammed. With that in mind he reckoned it was the Clutch Release Bearing Seized. I am sure there is no way anyone could have known the gearbox was f****d as the new buyer stated especially as it was being driven just before it stopped.

RE haggling the price. YES he did that both times he rang me. On the first phone call he offered £200, I said £250 then he went 210, I said 240 & settled on 235. He then wanted the car to be taxed & at that point it was so we could push it out onto the road so the RAC could collect it as he was going to say that he had broken down but they won't take a car that was not taxed.
He then called a day or so later to say that the car had been sorned so would pull out of the sale due to cost. I knew who was going to repair the car so I facebooked them to ask if they do recovery. When I was told yes I rang the buyer to tell him. He then haggled again & would I take £200 as he had to pay £120 for a recovery truck. I said no then he said would I take £230. I said I really can't be bothered keep haggling so I said yes.

Unfortunately most contact has been via the telephone except the request for £85 refind.

[clf]

Originally Posted by AURORA MG

Unfortunately most contact has been via the telephone except the request for £85 refind.

That part is good, in that it is in writing. Make sure you take a screenshot and save the web page complete, on all communications. Not just copy and paste. Contact eBay also, to keep them informed, and monitor everything.

At this point I would tell them, politely and firmly, that the car was sold as spares or repair etc. Then wait. Have your son seek advice from Citizen's Advice, since that is free.

Don't counter threat etc, firm and polite all the way.

[AURORA MG]

Originally Posted by KWIL

Simple, you have covered yourself, if it were me I would be pleased to meet him in court (I have never lost).

I am guessing you are a barrister ?

Originally Posted by clf

Don't counter threat etc, firm and polite all the way.

I have been polite. I did say I would send a cheque providing he replied saying that he would not hassle me re the tax. However I did not say how much I would send the cheque for!!
The only thing I did say was this ---- {{{{I will also add that this will be a gesture of very good will given the car was bought as a spares or repairs car & I am not particularly happy about being threatened with small claims court on such a scenario. I doubt many people would do a part refund on a £230 car to be fair.}}}}

[Coups]

You should never have sent the new owner the V5C. That was the only proof your son had of buying the car with the correct paperwork. If you can produce that to DVLA you are not liable for the fine of 'failing to register'. The previous keeper, who should have sent off the V5, would be. Of course if the previous keeper did send it off and it's subsequently been lost at your end it doesn't matter!

As far as the car sales concerned it's a civil matter. The police will not be interested in that part however the blackmail threat is a criminal offence.

Your advert is clear that the car has problems, it's suggested the clutch release beating is goosed and to replace that the gearbox comes off anyway. Hardly much extra work/cost to chuck in a different box.

Tell the new keeper to jog on. At that price what did he expect. As already said its buyer beware, you're not a trader, you've described it to the best of your knowledge and you've absolutely no comeback from him.

Where is he getting this £85 part refund from?

I'd be asking what he's done with the car in the meantime? Speeding offences, other crime? Keep well clear of this car now.

[Saga Lout]

Originally Posted by AURORA MG

I have been polite. I did say I would send a cheque providing he replied saying that he would not hassle me re the tax. However I did not say how much I would send the cheque for!!
The only thing I did say was this ---- {{{{I will also add that this will be a gesture of very good will given the car was bought as a spares or repairs car & I am not particularly happy about being threatened with small claims court on such a scenario. I doubt many people would do a part refund on a £230 car to be fair.}}}}

I'd play it safe and not give him anything, it will only reinforce his demands. It looks like he's trying to get it down to scrap value. A Court wouldn't give much time to it and he can't win anyhow. The description was fair and he bought a broken car knowingly, buyer beware is the key. If he bought a car that wouldn't move under its own power, it's called taking a chance.
It looks like you're becoming a victim of demanding money with menaces, I'd tell the Police just to get it on record.
The tax couldn't be transferred anyhow, so there's no reason to even mention it when buying or selling any vehicle now.

[AURORA MG]

Originally Posted by Coups

I'd be asking what he's done with the car in the meantime? Speeding offences, other crime? Keep well clear of this car now.

The car was recovered by MJS Automarine on a dolly IIRC as it was undriveable. It was taken directly to their workshop & so far as I am aware that is where it remains.

[mh007]

Whatever you do, don't send any payment.

As far as I can tell, reading your posts, you advertised it honestly & the buyer purchased it as 'spares or repair'.

It was a private sale & it was sold for a very low price on the understanding that it was a non-runner/driver.

He hasn't got a leg to stand on & making threats against you won't the help the buyer at all.

[AURORA MG]

Just rang DVLA & they confirmed there is NO registered keeper of the car presently so no comeback to my Son if the other guy decides to put it on the road.