Private car sale.

[SMP]

At the beginning of October 2006 we sold our car to an acquaintance and agreed that he would pay us monthly starting the end of October. We got the first 2 payments ok then around the second week in December he tells us that the clutch and gearbox had gone and that he didn't think he should pay us the rest of the money.
Now when he bought the car we gave him the MOT (passed with no problems in August 2006), previous service history and told him the car hadn't been serviced in August 2006. We pointed out the minor problems with the car and he drove away happy.
Where do we stand with this? I drove the car regularly with no problems and he has admitted he drove the car for 2 months and it was fine. The car was 10 years old but had under 60,000 miles on the clock and since I got it in 2001 had been serviced every year except 2006.
Any help appreciated
SMP

[harley_Husky]

Hi there SMP.

I'm no lawyer, but i think that he's showing himself in his true light....

I would personally tell him that since he has had and used the car for approx two months, and you have an agreement with him, he's lumbered and you cannot be held responsible for a fault which is out of your control.

Maybe a good example would be thus:
If you were kind enough to lend your car to me, and whilst I was driving it te clutch packed up - i would expect to foot the bill because the car was in my charge not yours.

If all nice wranglings fail, send him an summons via the online small claims court for the remainder of the money that YOU ARE OWED.

One last thing. You seem nice to me. Forget being nice because Nice = pushover in cases like these.

Remember ' sold to an AQUAINTANCE' not 'Friend'

I would also post this in the Law section of A.B

Good luck friend.

[kramer81]

If you bought a car that age from a garage you would only get a months warranty at most, so the fact the car developed faults 2 months after he bought it is irrelevant. Threaten him with court action if he doesn't cough up, it would be good if you had the agreement in writing otherwise he could claim he has paid you in full.

PS If I borrowed someones car and the clutch happened to pack in I wouldn't expect to pay for a new clutch!

[maxi2]

He does not have a leg to stand on. 10 year old car? Caveat emptor unless you made any commitments re relability etc.

[dilligaf]

The MoT does not cover the clutch nor the gearbox. The parts that are checked are to be deemed in good order at the time of the MoT only.

You are not a dealer and don't have the "expertise" expected of ta dealer when selling a used car.
Obviously you sold it in good faith to an acquaintance which you wouldn't have if you realised the car had faults.

I would send him a letter (recorded) explaining this and tell him unless you receive payment within two weeks you will issue a summons through the small claims court.

It is a bit of a catch 22 situation you are in with him. It will cause ill feeling if you do this but also if you ignore him.


Looking at the situation as an outsider you would be better off upsetting him with a threat and getting your money rather than rather than him smirking at you and getting a car for next to nothing.

Whatever: good luck.

[paultintin]

i think the problem you will have is unless you have something in writting with his signiture on agreeing instalments and total price of vehicle then he will just say he's paid you and you are trying to get more money out of him. if you have got proof of an agreement then i would take it up with the small courts otherwise try to come to an agreement with him say you'll let him off �50 or something at least you might see some more of the money owed otherwise without proof it could cost you a packet in the courts and he'll get away with it. and you'll be out of pocket for the car and court costs. hope you get this sorted and good luck. remember he probably knows that if you haven't got anything in writting with him he could just tell you to get lost. i don't think any court will make him pay up without proof.