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[big-geoff]

Here's one to get the grey cells going.

My son sold a car (heap) as seen, we knew the engine was ok apart from a blown turbo (the bain of my life).

The muppet who bought it has now after 3 months sent a letter stating that the engine was rubbish and he wants his money back, plus costs. I suspect that the guys incompetance in fitting the engine has something to do with this but I have no proof

He did sign a receipt for the car saying sold as seen, and he was told the engine was ok, we have a freind who is a mechanic who will state this quite happily.

I dont want to go giving back this guy any money, he is quoting that CAB and trading standards are saying that he has a case against us.

Has anyone experience of this and what did you do.

Short of visiting this guy and hitting him which is my next move if he upsets me, I am going to have to seek legal advice, but I would like to know if what he is saying is rubbish or not.

Cheers

Big-geoff

[anmo]

In a word, no.

The law treats private and trade sellers quite differently,and from what you tell us, the guy has no claim against you, but I suggest you have a word with CAB or Trading Standards to set your mind at rest. He would have to prove in court that you'd lied or misrepresented the car/engine/turbo in some way, and you seem to have been pretty honest. So all you have to worry about is how large some of his friends are, whether they own Pit Bulls or Rottweilers etc. Depending on where you live, we could form a Mayhem posse.

[Mankster]

Yes he has no case. If he did indeed get the advice of the CAB, he probably old them that he was told the car was perfect when he bought it.

[big-geoff]

Thanks for the info guys.

Contrary to popular opinion we dont all play banjo's on the Isle of Wight, so no worries about big blokes with attitude :-\

I will pop into the CAB tomorrow for a chat, just to see what they say.

Many thanks

Geoff

[J.beazley]

The piece of paper he signed stating sold as seen is your legal way out.

he bought the car as seen knowing the faults so tuff s%*t on his account and im sure CAB would say something along the same lines.

Jay

[anmo]

Thanks for the info guys.

Contrary to popular opinion we don't all play banjo's on the Isle of Wight.....

"Squeal like a piggy, chubby guy....."

[big-geoff]

Now your talking about those that live in the West Wight, known locally as "the Dark side".

The whole lot of them are related................

Geoff

[tigertiger]

If sold as seen, then that is it.
It was not sold 'in working order', so he has no case.
And after 90 days, who knows he might have chipped the engine, blown the engine, and put the old chip back.


All you have to do is say 'sold as seen', and then ignore any further correspondance.

He can threaten litigation, but the courts would not entertain his claim.
He can squeal, he can send a solicitors letter, but remember a solicitors letter is not the paper it is written on.

If he sends a solicitors letter, and I think he won't, then reply in such a way that it says nothing but raises questions.
For example 'I don't understand your compliant, please explain further'.
But reply to his solicitor, do this yourself.
His first solicitors letter will be free, or minimum cost. If his solicitor replies to correspndance, there will be a bill. So if the guy is an idiot you can run up his bill, a lot.


The guy is an idiot.
Don't even get involved in a dialogue with him directly.

All you have to do is say 'sold as seen', and then ignore any further correspondance.

If he persists, tell him you have taken legal advice and if he continues to persist say you will take legal action against him for nuisance if he does not go away.

But I suspect as soon as he knows you will fight it he will go away.

[Bunkerbarge]

Tiger is spot on.  The last thing you should do is get involved in any sort of correspondance with this guy who is obviously trying it on and trying to scare you.

The ball is completely in his court and it is up to him to make a move if he wants to.  He almost certainly knows he hasn't got a leg to stand on and he is hoping that scare tactics will force you into giving him something back.  I would definately do absolutely nothing.  I wouldn't even answer any correspondance or communications.  Let him do the running and carry out any threats he wants.  At the end of the day it will cost him money to do so and I am certain that he is aware that he cannot win anyway so he will, as Tiger says, eventually go away.

[sheerline]

Bunkergarge and Tiger are correct, heed what they say. This was a private sale with not guarantees so he is whistling in the wind. He must be stupid to even approach you on this one. It's vitually impossible to get money out of a car dealer let alone a private individual so why he thinks he might even have a chance after all this time beggers belief. 'There's nowt stanger than folk'.as they say. 

[big-geoff]

Cheers Tiger Tiger

The guy is a complete prat.

I have found out that he has been posting complaints about this sale on another forum although not mentioning any names, but because everyone on that forum knows my son well they are all aware who is being talked about.

I PM'd the moderator and told him to watch what was being said, as any printed material electonic or otherwise is subject to english law. Have not had a reply as yet from him. But I do have a printed copy of the thread .

The chap admits that he has dismantled the original car and put the engine in another car, sold the shell and he admits that he has dropped the engine , so I am in no way going to let him take the urine.

As you say the ball is in his court.

Perhaps I should have called this thread "seller beware" cos you dont know who these people are and what they can try to get away with!

Cheers

Geoff

[Bunkerbarge]

The guy is a complete idiot.  If he was to be in with a chance of getting you to give him his money back he would have to be able to return the car in it's original condition which, from what you say, he is now no longer able to do.

I wouldn't even give him the credibility of an answer and I would definately not engage in any further communication on the issue as this will only fuel further arguments.  Ignore the prat. 

As for the other forum just ensure that the moderator is aware that he is also liable if the clown mentions anything defamatory against you or your son.

[OneBladeMissing]

Don't bother responding to any correspondence from this guy, nor from his solicitor.