Private Motorbike Sale - Buyer Wants To Return Bike

[JeniPeni]

My husband sold a motorbike privately at the beginning of the week. The buyer hired a van and came and tried the bike out - he was told that it had a slow starter; he had a wee run on it. Took it back home from Scotland to Whitby in the back of the van; emailed to say how he had had another run on it and was delighted with it. Now 3 days later he has phoned and said he's not happy with the starter - thinks its needs a new one and it will cost him about £80 for a new one (wants an engineer to fit it for him at a cost of £40 where if he was savvy enough it could be replaced and fitted by unscrewing two bolts himself). Says he wants his money back and is going to hire another van at another cost of £150 to bring it back! What rights do we have - can he just decide he doesn't want it and wants to spend more money hiring a van that it does to put a new starter on it which is really doesn't need. Thanks.

[jackthehat]

No. 'Sold as seen'.......and in legal-speak, Caveat Emptor - buyer beware.

Tell him he'll need to sort it all out himself and you have no intention of discussing anything with him from this point onwards.

[chiaroscuro]

If your husband is not in the motor trade and it was a private sale the buyer has no comeback.

[JeniPeni]

Thanks very much - we thought that might be the case. I appreciate your responses so quickly.

[jackthehat]

You're welcome. :o)

[Old_Geezer]

Are they certified ?
They want to be £150 out of pocket, and cause a ruckus, in order to save an £80 repair bill ?

If they bring it back and dump it on you, how long is it before you can legally flog it in order to get rid of it as abandoned/flytipped ?

[JeniPeni]

The man is obviously delusional! He is now sending threatening texts and emails saying he wants his money back! He upped the repair price to £340 (he said they had taken the bike to bits - and obviously now cant put it back together). He wants to know our solicitor's name and address so he can .... what? He already texted to say he had had a run on it and was "delighted with it" when he got it home.

[Mamyalynne]

As advised above, he's bought it he owns it.

Respond once by telling him you are keeping all his threats and will pass them on if her persists - then ignore him.

[Barmaid]

Tough. He has affirmed the contract. You dont need a solicitor. You disclosed it was a slow starter, he professed to be delighted with it. He's now taken it to bits (which was pretty damn stupid on his part because unless he is a mechanic who knows what damage he has done).

Set up your paper trail. Everytime he sends someting abusive reply politely and courteously denying all liability, explaining you were open with him and he accepted it on that basis. If you cant say anything nice (or anything that wouldnt upset a district judge) dont say anything at all. (I am not suggesting you would be anything other than nice, but I think you get the point I am making).

[JeniPeni]

We have kept all the trail of emails and text messages. Reminded him when he called that he was advised about the starter and we are no longer responding to any messages. He can keep sending as many as he likes, but wont get any response. He came to my husband's work to collect/pay for the bike and he is now saying that he'll be calling his work and sending letters there! He obviously thinks we're going to buckle under his blackmailing - but we're really not sure where its all coming from; he's just making it worse for himself.

[andy-hughes]

This man is annoyed with himself because he has been caught ou by his own stupidity.

He will calm down and go away - you just need to let him get it out of his system.

It's not nice, but you are doing the right thing - don't respond, let him blow himself out.

[Barmaid]

He is trying to cause trouble with your husband's employers. If I were you I would a) explain to employers about this issue to keep them sweet and b) let the buyer have your home address and explain pursuant to CPR 6 service of documents is to take place at your home address.

[Barmaid]

You may find that a bold "fine, this is our address, serve us with Court papers here" will have the desired effect and he will go away.

[JeniPeni]

He actually has our address because he was supposed to get the bike from our house before it was changed to my husband's work (for convenience of location and time ) - so, he's obviously forgotten that. And anyway, if a solicitor was sending a letter it would be sent to the individual not the other solicitor. He's just scaremongering - but not very good at it!

[ToraToraTora]

Caveat Emptor, tell him it's his problem, sounds like a complete *** to me. Do not discuss further it's his bike now. Keep all the text/emails etc.

[ToraToraTora]

it's also worth pointing out that once he has decided to do work on the bike, he has demonstrated acceptance of it. So if he has done some dismantling then he has no leg to stand on. Sounds like he's changed his mind and want you to pay for his folly.