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Sold car, now winning bidder took away car and now says its not fit for purpose or roadworthy and wants refund and costs, who's right?

(1 of 5)
Sold car, now winning bidder took away car and now says its not fit for purpose or roadworthy and wants refund and costs, who's right?
Nov 2, 2012 07:30 PM

Sold my wifes kangoo item no. 170929436649. the winning bidder then came to collect, I offered a test drive which he took and he inspected the car and engine bay while the engine was running at a normal operational temperature. He said he was happy with the car and gave me the cash, unfortunately he was quite keen to keep the V5, which he did. I've now informed DVLA/Police of his details. He put the car on his trailer and drove back to Peterborough. To cut a long story short he came back to me saying the cars overheating and other things about gases in coolant and wants me to pay for materials he'll fit but if it doesn't cure the problem, I'll have to collect the car within 3 days and refund in full on top of parts. I didn't know of any problem with the car offered no guarantees or returns and thought sold as seen. I can't see how he can claim all this once he's taken the car away from my view, who knows what he might have tinkered with since he took ownership? He's got 100% + in the 20's, I've got 100% positive over 200. I've opened a case through ebay as I couldn't agree to him fitting parts and then expect me to take it back if not working, who knows what damage he may do as I don't know if he's a qualified mechanic. Anyway both threatening court action, giving all correspondence to my solicitor next week. All getting very messy, who would you say is in the right? Thanks in advance.

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(1 of 5)
Sold car, now winning bidder took away car and now says its not fit for purpose or roadworthy and wants refund and costs, who's right?
Nov 2, 2012 07:30 PM

Sold my wifes kangoo item no. 170929436649. the winning bidder then came to collect, I offered a test drive which he took and he inspected the car and engine bay while the engine was running at a normal operational temperature. He said he was happy with the car and gave me the cash, unfortunately he was quite keen to keep the V5, which he did. I've now informed DVLA/Police of his details. He put the car on his trailer and drove back to Peterborough. To cut a long story short he came back to me saying the cars overheating and other things about gases in coolant and wants me to pay for materials he'll fit but if it doesn't cure the problem, I'll have to collect the car within 3 days and refund in full on top of parts. I didn't know of any problem with the car offered no guarantees or returns and thought sold as seen. I can't see how he can claim all this once he's taken the car away from my view, who knows what he might have tinkered with since he took ownership? He's got 100% + in the 20's, I've got 100% positive over 200. I've opened a case through ebay as I couldn't agree to him fitting parts and then expect me to take it back if not working, who knows what damage he may do as I don't know if he's a qualified mechanic. Anyway both threatening court action, giving all correspondence to my solicitor next week. All getting very messy, who would you say is in the right? Thanks in advance.

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(2 of 5)
Re: Sold car, now winning bidder took away car and now says its not fit for purpose or roadworthy and wants refund and costs, who's right?
Nov 2, 2012 07:36 PM

How can you open an ebay case? What kind of case have you opened?

(3 of 5)
Re: Sold car, now winning bidder took away car and now says its not fit for purpose or roadworthy and wants refund and costs, who's right?
Nov 2, 2012 07:41 PM

no buyer protection on motors  so you do not have to accept back

 

 hopefully you accepted cash in which case he won't be able to chargeback on his credit card

 

 what case have you opened

 

 sellers can only open unpaid item disputes ???

 

 don't see what court action you need to take and as you are private seller its debatable  what he can do

 

  why are you spending money on a solitor at this stage wait until you need to


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(4 of 5)
Re: Sold car, now winning bidder took away car and now says its not fit for purpose or roadworthy and wants refund and costs, who's right?
Nov 2, 2012 07:50 PM

First point: as far as eBay is concerned, it's between you and your buyer. there is no buyer protection for vehicles on eBay, regardless of how the buyer paid.

 

Second point, as a private seller you are only liable for any claims you made in the listing which proved to be untruthful. If there were other, unknown or undisclosed faults, as a private seller you're not responsible for them. The onus is entirely on the buyer to satisfy themselves as to the condition of the vehicle before paying.

 

This was an 11 year old car with 112,000 miles on the clock so our buyer should have expected some problems with it. If he bought it without proper examination that's his own fault.

 

He can of course leave you negative feedback if he wants to.

 

 

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(5 of 5)
Re: Sold car, now winning bidder took away car and now says its not fit for purpose or roadworthy and wants refund and costs, who's right?
Nov 2, 2012 07:57 PM

the courts can do nothing it is all threats . When you sell a car the buyer hands over the money and that is it no come backs at all.

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