Jump to content


Photo

I've Sold My Vx Now The New Buyer Wants To Take Me To Court?!


  • This topic is locked This topic is locked
93 replies to this topic

#21 jonkelly

jonkelly

    Super Member

  • PipPip
  • 448 posts
  • Gender:Male
  • Location:ascot

Posted 11 August 2009 - 10:03 AM

I think this proves the importance of running an HPI check they are really cheap to do and would have solved any problem long before hand everyone would be playing of the same filed...

#22 TankRizzo

TankRizzo

    Super Member

  • PipPip
  • 475 posts
  • Gender:Male
  • Location:Gosport, Hants

Posted 11 August 2009 - 10:06 AM

Daniel, did you know that the car was a Cat D?

#23 starlight

starlight

    I used to have a Europa, and had a VX220T once...

  • PipPipPipPipPip
  • 1,790 posts
  • Gender:Male
  • Location:Warwickshire, UK
  • Interests:Oily bits...

Posted 11 August 2009 - 10:13 AM

I think this proves the importance of running an HPI check they are really cheap to do and would have solved any problem long before hand everyone would be playing of the same filed...

:yeahthat: (without taking any sides)
And also doing as much research on any prospective car as possible. In hindsight, it might of been prudent to research the car on here aswell, as you have been a member since last year???

I was stung once on a car with outstanding finance from a main dealer, but thats another story...

#24 G-Bob

G-Bob

    Embarrassing VX's in an MX5

  • PipPipPipPipPipPipPip
  • 8,256 posts
  • Gender:Male
  • Location:West Lothian
  • Interests:Silver VX Bashing!

Posted 11 August 2009 - 10:14 AM

Posted Image

#25 NickB787

NickB787

    Gone but not forgotten

  • PipPipPipPipPipPipPip
  • 7,813 posts
  • Gender:Male
  • Location:Bedford

Posted 11 August 2009 - 10:15 AM

Please take this private and lock the tread

#26 Robbo9227

Robbo9227

    Newbie

  • 9 posts

Posted 11 August 2009 - 10:20 AM

Daniel, did you know that the car was a Cat D?


I did indeed know that the car was a cat D and exactly what repairs had been carried out follwing 'that' accident. I went out in the car and it felt as though wishbone and suspension repairs had been done well, as well as, quickly, visually inspecting them. What I didn't know about, and what wouldn't have showed up on a HPI report was that the car had been damaged/repaired twice previously without insurance intervention. Along with the altered milage only discovered when I got home and logged onto here to view his first thread about having it delivered.
I believe we have come to some kind of agreement on the phone just there now and I am hoping I will be happy with the outcome.

Thanks,

#27 Freedo

Freedo

    Super Duper Member

  • PipPipPip
  • 528 posts
  • Gender:Female
  • Location:Scotland

Posted 11 August 2009 - 10:41 AM

I'd like to keep this open as I'm not too clued up on this but the fact is I am not a registered car dealer, I was thinking of being one. This will show with the DVLA, etc. I just don't want to pay any large court costs, etc + all the hassle involved.

#28 Ken

Ken

    Member

  • Pip
  • 98 posts

Posted 11 August 2009 - 10:57 AM

Sold as seen means "Sold as Seen" no warranty and no comeback - Theres no evidence of mileage altering and if he says hes not a dealer - you must prove he is.. Sounds like the car may need a few quid spent to put right so just spend the money and get it right. Life's too short :rolleyes:

#29 Zoobeef

Zoobeef

    Joes bedroom assistant.

  • PipPipPipPipPipPipPip
  • 11,103 posts
  • Gender:Male
  • Location:Retford/Bovington

Posted 11 August 2009 - 11:11 AM

From freedo's previous posts and things i'd say that he owned the vx as his own car and didnt buy to sell on or anything so points me towards private sale. Fact that you knew it was a CAT D means you should of looked at it properly and asked about the damage/repairs

#30 Robbo9227

Robbo9227

    Newbie

  • 9 posts

Posted 11 August 2009 - 11:18 AM

Sold as seen means "Sold as Seen" no warranty and no comeback -

Theres no evidence of mileage altering and if he says hes not a dealer - you must prove he is..

Sounds like the car may need a few quid spent to put right so just spend the money and get it right.

Life's too short :rolleyes:


There is evidence of mileage altering, posts on here, previous MOT and it is now showing alot less.

From freedo's previous posts and things i'd say that he owned the vx as his own car and didnt buy to sell on or anything so points me towards private sale.
Fact that you knew it was a CAT D means you should of looked at it properly and asked about the damage/repairs


And I did ask about any previous bodywork damage, and I believe that even if a private sale the question must be answered truthfully, which it wasn't.

Regards,

Edited by Robbo9227, 11 August 2009 - 11:19 AM.


#31 Freedo

Freedo

    Super Duper Member

  • PipPipPip
  • 528 posts
  • Gender:Female
  • Location:Scotland

Posted 11 August 2009 - 11:32 AM

From freedo's previous posts and things i'd say that he owned the vx as his own car and didnt buy to sell on or anything so points me towards private sale.
Fact that you knew it was a CAT D means you should of looked at it properly and asked about the damage/repairs


Yes, exactly. I was planning on keeping it, adding more modifications, etc. I had to sell due to a few personal reasons.

Sold as seen means "Sold as Seen" no warranty and no comeback -

Theres no evidence of mileage altering and if he says hes not a dealer - you must prove he is..

Sounds like the car may need a few quid spent to put right so just spend the money and get it right.

Life's too short :rolleyes:


And, yes. I would have thought anyone coming to view a PRIVATE sale will check all paper work, etc. You could have checked that the mileage reading on the previous MOT was showing 717k miles (faulty speedo unit - topic evidence). So I had it replaced with a unit around the same mileage.

There is evidence of mileage altering, posts on here, previous MOT and it is now showing alot less.

From freedo's previous posts and things i'd say that he owned the vx as his own car and didnt buy to sell on or anything so points me towards private sale.
Fact that you knew it was a CAT D means you should of looked at it properly and asked about the damage/repairs


And I did ask about any previous bodywork damage, and I believe that even if a private sale the question must be answered truthfully, which it wasn't.

Regards,


I'm pretty sure when you asked why the exhaust was slightly off center. I said I'm not sure but it can be adjusted. You then said some thing along the lines of 'I see, my previous VX was damaged before I bought it without knowing' so it seems you have made another buyer mistake?

----------------------------

All I want to know is where I stand with this?

#32 Freedo

Freedo

    Super Duper Member

  • PipPipPip
  • 528 posts
  • Gender:Female
  • Location:Scotland

Posted 11 August 2009 - 11:36 AM

And, yes. I would have thought anyone coming to view a PRIVATE sale will check all paper work, etc. You could have checked that the mileage reading on the previous MOT was showing 717k miles (faulty speedo unit - topic evidence). So I had to replace it for the MOT, with a unit around the same mileage.

#33 Robbo9227

Robbo9227

    Newbie

  • 9 posts

Posted 11 August 2009 - 11:46 AM

I'm taking this to email again as it seems you're trying to pick faults with what is being said. I was simply trying to clear up and set straight other people's assumptions.

#34 Jameshs

Jameshs

    Scary Internerd

  • PipPipPipPipPipPip
  • 3,511 posts
  • Gender:Male
  • Location:Copthorne, Nr Gatwick
  • Interests:Cars and Rock Climbing

Posted 11 August 2009 - 11:52 AM

I'm taking this to email again as it seems you're trying to pick faults with what is being said. I was simply trying to clear up and set straight other people's assumptions.



No offence but it seems your the one making the assumptions. If you wernt happy with the car then why did you buy it? There is plently for sale. Or is this just a legal plea to want a refund. I am sorry but in my mind there is no come back in a private sale

#35 Robbo9227

Robbo9227

    Newbie

  • 9 posts

Posted 11 August 2009 - 11:57 AM

I'm taking this to email again as it seems you're trying to pick faults with what is being said. I was simply trying to clear up and set straight other people's assumptions.



No offence but it seems your the one making the assumptions. If you wernt happy with the car then why did you buy it? There is plently for sale. Or is this just a legal plea to want a refund. I am sorry but in my mind there is no come back in a private sale


No offence taken. No assumptions being made on my part, it just seems that its degraded into the , you said, I said thing, which isn't for here.

Regards,

#36 VXTyrant

VXTyrant

    Red Rules!

  • PipPipPipPipPipPip
  • 2,198 posts
  • Gender:Male
  • Location:UK

Posted 11 August 2009 - 12:21 PM

I have a law degree and an LPC diploma and have studied this area in a fair bit of depth. The doctrine of 'caveat emptor' (let the buyer beware) basically means the buyer has no recompense against a seller unless the seller has concealed any latent defects I.e. misrepresetation. Misrepresentation can fall into 3 catagories: fraudulent (deliberate/intent to decieve), negligent (careless representation) and innocent (reasonable belief that your statement was true). Provided you, as seller, act bona fide (in good faith) then the buyer has no basis to support action against you. I was a victim of this when I bought my VXT as the engine needed replacing a few weeks after purchase due to a freak problem which could not reasonably be accredited to the fault of the seller. Therefore, I knew I had no means of redress unfortunately. EDIT: just read the posts since robbo showed up on the scene. Seems like this should be dealt with privately, away from the forum, as other peoples opinions are likely to taint any chance of a fair and just outcome for both parties.

Edited by VXTyrant, 11 August 2009 - 12:32 PM.


#37 mcarrick69

mcarrick69

    Super Duper Member

  • PipPipPip
  • 532 posts
  • Gender:Male
  • Location:Newcastle upon Tyne

Posted 11 August 2009 - 12:40 PM

I've never relied on a seller to answer questions about a car before other than small talk chit chat. If the HPI / mileage check / V5 / MOT / my inspection of the car all match up then i'm happy. After that I'd hold myself responsible. If people arent capable of this then buy from a garage.

#38 jonkelly

jonkelly

    Super Member

  • PipPip
  • 448 posts
  • Gender:Male
  • Location:ascot

Posted 11 August 2009 - 12:44 PM

I've never relied on a seller to answer questions about a car before other than small talk chit chat.

If the HPI / mileage check / V5 / MOT / my inspection of the car all match up then i'm happy.
After that I'd hold myself responsible.

If people arent capable of this then buy from a garage.

:yeahthat:

#39 Seb.F

Seb.F

    Under Your Bed

  • 6,045 posts
  • Gender:Male
  • Location:Northants
  • Interests:Tech head

Posted 11 August 2009 - 12:50 PM

Caveat Emptor. To the buyer, there's hardly a leg to stand on legally in private sales, it's happened to someone i know.

#40 siztenboots

siztenboots

    RaceMode

  • 26,612 posts
  • Gender:Not Telling
  • Location:Surrey
  • Interests:french maids

Posted 11 August 2009 - 12:57 PM

this must be the first time we have had a member threatening to take another member to court , over their own lack of due diligence frankly its not acceptable and totally against the spirit of what is a very welcoming club forum




1 user(s) are reading this topic

0 members, 1 guests, 0 anonymous users