Jay
Member
Registered: 26th Sep 04
Location: Liverpool
User status: Offline
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Sold a car on/outside of eBay (He contacted me after the auction ended)which to my knowledge there was nothing wrong with it. Was honest about everything like the window falling into the door 15 minutes before he arrived and told him not to wind it down as I only done a quick fix on it and to get it glued! He came to view the car, test drove it a good 10 miles up and down hill around liverpool, checked it all out, commented on it being a nice car and his daughter will love it. Few days later got a call saying its running like crap and hes had it checked out and altogether to get the car up to scratch will cost £1040.00, and he wants me to pay, told him where to go and that the car was sold as seen and he was happy with it when he handed over the cash! Its around 3 months later not and ive just got a text off him saying that he is formely informing me (Through a text??) that if I dont pay him the £1040.00 he'l be taking me to court on the 9th september... Is this fella for real? Sounds ludicrous to me!
[Edited on 01-09-2007 by JayM]
[Edited on 26-10-2007 by JayM]
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woodwardsbodyshop
USER UNDER INVESTIGATION - DO NOT TRADE
Registered: 22nd Feb 06
Location: widnes, cheshire, uk
User status: Offline
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nah, you should of got papers through post by now about it surely, hes trying to scare you
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Ben G
Member
Registered: 12th Jan 07
Location: Essex
User status: Offline
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a deal's a deal. no going back.
he should've done the proper checks before paying.
tell him to GTF and if he doesn't stop pestering you, you will get him charged with harrassment.
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Bonney
Member
Registered: 14th Nov 04
Location: St Helens
User status: Offline
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if you written this on a receiptyou may be covered
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grogan
Member
Registered: 31st Jul 06
Location: County Durham
User status: Offline
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sold as seen, tell him to get fucked
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Ben G
Member
Registered: 12th Jan 07
Location: Essex
User status: Offline
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quote:
Originally posted by Bonney66
if you written this on a receiptyou may be covered
shouldn't matter. who's to say he didn't go out and thrash the balls out of it the minute he drove away with the car and fucked up things by doing so?
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Jay
Member
Registered: 26th Sep 04
Location: Liverpool
User status: Offline
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I wrote a reciept out with my address, his name, the sum, Reg of car, and put Sold As Seen, He signed it and so did I.
I have thought about that Ben
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Arctic_Monkey
Member
Registered: 20th Mar 06
Location: East Dunbartonshire - Glasgow
User status: Offline
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The car is sold, and i presume the v5 and all that was changed over...it's his car = his problem...tell him where to go mate
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Ben G
Member
Registered: 12th Jan 07
Location: Essex
User status: Offline
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a receipt is a legally binding contract iirc.
just like when you have a reciept for an item you bought in a supermarket and as long as you keep that receipt, you can get a refund for any thing that is gone off/not correct etc.
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aim1
Member
Registered: 26th Jun 06
Location: Kent
User status: Offline
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providing it is written 'sold as seen' there are no comebacks. Thats why car dealers pretend to be private sellers to avoid the legal obligations they would have towards buyers if operating as a trader.
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Robin
Premium Member
Registered: 7th Jan 04
Location: Northants Drives: Clio 182 Cup
User status: Offline
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Sold as seen means sold as seen, tell him to fuck off.
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Arctic_Monkey
Member
Registered: 20th Mar 06
Location: East Dunbartonshire - Glasgow
User status: Offline
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quote:
Originally posted by Ben G
a receipt is a legally binding contract iirc.
just like when you have a reciept for an item you bought in a supermarket and as long as you keep that receipt, you can get a refund for any thing that is gone off/not correct etc.
Even if he's got a receipt it still shouldn't matter. The guy obviously made our friend a verbal offer for the car, in it's present condition..money exchanged hands, and the car went away to a new owner so he doesn't have any come back...it's the buyers fault for not checking the car out properly imo.
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DAZ1985
Member
Registered: 3rd Sep 06
Location: Scholar Green, Cheshire
User status: Offline
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Tell him where to go, Sold as seen like you've said
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Ben G
Member
Registered: 12th Jan 07
Location: Essex
User status: Offline
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quote:
Originally posted by Arctic_Monkey
quote:
Originally posted by Ben G
a receipt is a legally binding contract iirc.
just like when you have a reciept for an item you bought in a supermarket and as long as you keep that receipt, you can get a refund for any thing that is gone off/not correct etc.
Even if he's got a receipt it still shouldn't matter. The guy obviously made our friend a verbal offer for the car, in it's present condition..money exchanged hands, and the car went away to a new owner so he doesn't have any come back...it's the buyers fault for not checking the car out properly imo.
quote:
Originally posted by Ben G
quote:
Originally posted by Bonney66
if you written this on a receiptyou may be covered
shouldn't matter. who's to say he didn't go out and thrash the balls out of it the minute he drove away with the car and fucked up things by doing so?
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Jay
Member
Registered: 26th Sep 04
Location: Liverpool
User status: Offline
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Dont get me wrong i werent out to sell him a duff car but luck of the draw isnt it? I bought a car from auction and it blew up on the way home cost me £1300 to fix! Didnt go threatening who I bought it off with court action!
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antscorsa
Member
Registered: 11th Aug 02
Location: london
User status: Offline
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forget him mate, hes just bluffing!
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Rob_Lee
Banned
Registered: 9th Dec 05
Location: Folkestone Drives: Nova 1.6 16v
User status: Offline
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He hasnt got a fucking leg to stand on.
As said tell him to GTF!
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ssj_kakarot
Member
Registered: 29th Apr 03
Location: hartlepool
User status: Offline
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doesnt matter about the reciept, thats not the legally binding part, the legal part is the simple act of offer and acceptance, regardless of that he cant do anything to you.
the only think he could claim for would be misrepresentation (sp) however, the only way he could go for this is if you actually knew there was something seriously wrong with the car and hid this from him.
As you are not in a possition of knowledge legally e.g a mechanic the law would side with you in the fact you did think the car was sound.
the only way he would be able to win would be to prove you knew there was something wrong with the car which is very hard to do, he would need to have some evidence in the form of owwwwwwww garage report or something.
any way long story short dont worry he can not do anything, regardless of what he says.
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Jay
Member
Registered: 26th Sep 04
Location: Liverpool
User status: Offline
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Ive stopped answering his calls or texts anyway, weeks ago, cant be bothered with him going on. Il just ignore it then. Thanks for clearing it up anyway!
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ssj_kakarot
Member
Registered: 29th Apr 03
Location: hartlepool
User status: Offline
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yeah just ignore it, like i said he dont hve any chance and ive studied that aspect of law any way so im pretty certain.
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eddiewhiteley
Member
Registered: 10th Mar 05
Location: down in albion
User status: Offline
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just tell him to nob off,the cheeky fucker
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Dave A
USER UNDER INVESTIGATION - DO NOT TRADE
Registered: 10th Dec 03
Location: County Durham
User status: Offline
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if he contacts you again, tell him to put it in writing.
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J100RSA
Member
Registered: 4th Mar 01
Location: Thornhill, West Yorkshire
User status: Offline
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even in trade you only have to give a 30days warrenty, if its sold privately no warrenty has to be given as long as it says sold as seen on the receipt
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JM_16v
Member
Registered: 17th Oct 05
Location: Essex Drives: GLC63S
User status: Offline
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its az long time and as everyone else has said sold as seen, say to the guy gtf.
court you would have a formal letter from the court themselves plus 9th of septemeber would be to short notice
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Adam-D
Member
Registered: 11th May 02
Location: Cheshire
User status: Offline
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sold as seen private sale. and its been 3 months
jeez
i bought a vectra 3 days later the gearbox let go. did i whinge and moan, no. i bought it, my problem i got it fixed.
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