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Scenic - when buying private - thekeep666

hi there guy's and girl's

bought a car private,turbo blew within 2 hour's on motorway nearly causing bad accident,was told by guy who sold it to bring it back and he would return money,got car back costing £90 and he kept £100 to get turbo taken out and new one fitted.so i was down £190 through no fault of my own .a mechanic who lived beside him tried the car and the car started,by the way he told me he got the turbo fitted in feb i think and it had a warrenty,he hadn't told me this when i bought the car.bottom line is he has texted over two week's later saying the engine is done and is threatening small claims court.

where do i stand there

any help out there
thanks

Scenic - when buying private - ifithelps

If I read your post correctly, you bought the car, it broke, and he returned most of the money.

That's the end of the transaction, what he later did with the car is irrelevant.

I cannot see he has any claim against you.

Scenic - when buying private - Avant

Absolutely. Unfortunately you have no claim against him either: in a private sale of goods there's no implied warranty or assurance about their condition.

He is just trying it on; you can safely ignore him.

Edited by Avant on 15/10/2011 at 01:14

Scenic - when buying private - tony g
It's curious that the guy kept £100 of the money you paid, to have the turbo repaired .
I guess you agreed to that.?
Did you also agree that once he had the car repaired you would collect it and pay the agreed balance.
Is that why he is threatening to pursue this through the small claims court.?
If he does take you to the small claims court ,will you be willing to contest his claim.
If you loose in the small claims court you will be liable for costs in the region of £300.Plus whatever he's looking for in the way of compensation.

Tony g
Scenic - when buying private - thekeep666

hi tony

no he said he had paid £100 to have the old turbo taken out and the new or recondioned one put in (he never said if it was new ).i asked him to go half's as it was unfortunate it happened and as i had already paid £90 for a trailer to bring it back he might take just half which would have made me out of pocket just £145 instead of £190.iknow he probably could have told me to politeful f off but as he had told me on the phone he would remburse the money i thought i would cut my lose's and accept.in fact both police men who stopped on the motorway told me that giving me back my money was the decent thing to do as i had only drove about 50 mile's.and yes i would difinely contest it in the small claim's court because i think he is being very erroneous and disingenuous after he kept us there and had an neighbour who was a mechanic check it and after he got it going said it was the turbo.do you not think he should be going after the guy who fitted the turbo and caused everthing.

and i did not agree that once he had the car repaired i would collect it and pay the agreed balance. i went away £190 down with a bad taste in my mouth about the transaction

i paid the money and put it down to a bad experience

Scenic - when buying private - Icey

The question that comes to my mind is who do DVLA think owns the car ?

When you first bought the car was the V5 completed to change the owners details ?

If it was, how did it get changed back when you took the car back ?

If he has sent the V5 off to DVLA saying you are the new owner I'm not sure how that affects your position legally.

Scenic - when buying private - thekeep666

no it was only 1 to 2 hour's after buying and it was a sunday,the police would probably have the time it blew on the motorway plus he filled out another form r.ather than the car's book.

Scenic - when buying private - bonzo dog

Hi 666, I'm not entirely certain of either the sequence of events or, & more importantly, what the other guy wants you to do; I think this is it:

You bought a car privately. Almost immediately the car developed a fault; but you own it so it's your problem.

The seller returns you your money less a few pounds "to fix the car" & he takes the car into his possession.

He now wants you to take the car back & give him the money that he returned to you.

Assuming these are the facts, then as he gave you the money back, it can be reasonable to presume that he bought the car back, otherwise why would he do this?

The only possible problem would be if there was an invoice for the initial sale but no subsequent invoice for the "buy-back".

If I've got it right, ignore him; if I've got it wrong, please tell us what exactly he wants off you

Good luck

Scenic - when buying private - Icey

I still don't understand who is the registered owner of the car, which, legally, may be important.

I agree with the other posts that from a financial point of view, you owe him nothing, he probably owes you.

However, if he has sent off the V5 to DVLA stating that he has sold the car to you, DVLA may believe that you are the new owner.

What happened to the section that the new owner is meant to keep until the new V5 comes through ?

There is no section on the V5 to transfer ownership twice. It can only be done once. What other form is there for transferring the ownership back after a couple of hours ?

Scenic - when buying private - thekeep666

never got it,he had another type form but he give the small piece you send away i think,but he took it back when i got the money.funny looking back i always think you should go with a gut instinct and when i went to try the radio he said that the battery was disconnected for something trival and maybe i trusted him to much after initionaly going to walk away over the radio being disconnected.but sure you live and learn.no more contact so to be honest i think it is a bluff as he know's he was initionaly in the wrong not telling me the turbo was changed and giving me the warrenty to back it up,just looking back can see some dodgy stuff but it's easy in retrospect

 

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