I sold a car....advice!

Will try to keep a long story short...

I sold my old car on Ebay, after the MOT because I knew it would fail on some pretty serious stuff - still had 6 months tax. It was a 1998 Saxo VTS (little rocket ship)

Advertised it as spares and repairs, listed all the things I KNEW to be wrong with it (had it looked over before I decided to sell it) - I said that the buyer could take it to pieces or fix it up, that was up to the buyer.

It sold for £550, which I was happy with. The matey came and paid for it the same day, only problem was I didn't have the V5C due to a number plate change. He paid for it anyway and drove it away.

The next day his "mate" MOT's it and its a total disaster, the matey wants his money back and is refusing to sign the V5C (which I now have) - even though the car was advertised as spares and repairs.

This all took place at the end of August. What do you think my options are? I would go round to his and make him sign it but he threatened me down the phone saying things like "I've just got out of prison blah blah blah"... The bloke looked like a crack head or something.

The tax will come up for renewal soon and the DVLA will come after ME because HE wont sign the V5C. I could just scrap it, but I don't know what the ****er is doing with the car?

Go and talk to the police and see what advice they can give you, remember to always keep signed paperwork when selling stuff on eBay, when i sell stuff face to face i always get them to sign a receipt to protect myself.

Just call the DVLA explaining that you have sold the vehicle, explain the issue.

Go and talk to the police and see what advice they can give you, remember to always keep signed paperwork when selling stuff on eBay, when i sell stuff face to face i always get them to sign a receipt to protect myself.

Yea I got him to sign a crappy little thing I made in 20 seconds, it basically said "sold as seen on the following date..." and he was happy to sign that.

I will go to the police if necessary, I'll let the guy know that is my plan, having been in prison already maybe that'll scare him into signing the V5C and avoid getting a knock on the door.

Just call the DVLA explaining that you have sold the vehicle, explain the issue.

Ok will do, for some reason I thought they might side with numpty? Dunno why, just felt guilty after telling him he couldn't have his money back, he was daft if he thought he was getting a sound car but still...

e-mail or write to DVLA (recorded delivery)and create a paper trail. Then there is proof of ownership transfer in the event that parking or gongetion chage bills arrive

Have you got a link to the original advert you put on EBAY?

Have you got a link to the original advert you put on EBAY?

No it was more than 60 days ago and I cant find it on ebay now :/ Seems they don't keep adds on as long as they used too after the hammer has fallen.

This is the text from the ebay add though, pulled it off of a thread on here!

Car is in good cosmetic condition but needs work to get it on the road. Engine is in top condition as it has been extremely well looked after.

The good:

1 year old brakes all round - Brembo disks and pads on the front

Head Gasket / Cambelt (with tensioners) and Waterpump Change 1.5 years ago

New alternator December 2010

New starter motor Spring 2010

New radiator and engine mounts summer 2009

Bodywork looks great for age

MK II VTS wheels

5 months tax

The Bad:

Needs a new battery, the current one has been in the car since I bought it in 2009, and as such is now dead. (needs jump / bump starting at the moment)

Front nearside tyre needs replacing

Front wishbone bushes need replacing - At the moment there is a lot of steering wheel wobble at 50+ Mph, I have been quoted £90 to get this done (the bushes are nice and cheap.)

With the above things sorted the car should get through an MOT.

Selling due to being a student - need to run a car that is a little more economical (boring).

Viewings welcome - Questions Welcome.

Thanks for looking and Good Luck with the auction.

(Car based Hampshire - Eastleigh - Number plate shown in pictures not for sale - will be replaced asap.)

Just send off the V5 , attach a copy of the sale receipt and if poss the email you received from ebay showing the end of auction, I assume you have a name and address? complete that and send minus the signature

that will record an event on the vehicle file, then if you receive any letters regarding tax etc, return them with copies of the docs.

DVLA is so disfunctional as an organisation, you need top prove you sent the info so as said previously do it by recorded delivery, plenty of cases of docs going missing at DVLA.

Even if you can't access the advert on Ebay they could still well have it in their archives. I think you can make a Freedom of Information request for all data held on you - this might get you somewhere.

If he does not sign the form, report it as stolen... tip off the police, tell them you have 'spotted' the car at whereever the crack head is = you keep the cash and you can re-sell the car, and the man gets some free re-habilitation in jail.

has he returned the car to you? if not you need to make sure you get that V5 form off immediately otherwise you could get his parking tickets/fines etc.

Thanks for the advice guys.

I will get the V5 sent off in the morning with a copy of the sell receipt from ebay and the receipt that I got the buyer to sign. I'll phone ahead to let them know of the sale as well.

@holepuncture - I'd love to do that, you wouldn't believe how weird this guy was!

The sale of the car is not something the police can help with as it's a civil matter.

It's up to him to take it to court if he wants his money back. If it did go to (small claims) court, it sounds like you would win hands down, so it's unlikely.

Would definitely notify the DVLA as others have said.

The threats on the other hand are a police matter though if you want to report him for something... if he's just out of prison, chances are he's on parole...

Theres afew inconsistencies in your story, particulalry as ebay hold listings for 90 days after end of an auction and "end of august" isnt 90 days ago. tbh you were selling this car as immaculate two and a half years ago when you would have settled for £1,000. http://www.saintsweb.co.uk/showthread.php?12985-**1998-Saxo-VTS-bargain** Its hardly surprising someone is coming after you when they paid £550, about the market price for one in good order, for a complete basket case. Would be interesting to see description of car on ebay listing.

Theres afew inconsistencies in your story, particulalry as ebay hold listings for 90 days after end of an auction and "end of august" isnt 90 days ago. tbh you were selling this car as immaculate two and a half years ago when you would have settled for £1,000. http://www.saintsweb.co.uk/showthread.php?12985-**1998-Saxo-VTS-bargain** Its hardly surprising someone is coming after you when they paid £550, about the market price for one in good order, for a complete basket case. Would be interesting to see description of car on ebay listing.

The ebay auction text is above, I copied it off of the Saxo forum I used to use, where the add was also placed. 2 years is a long time, and I didn't spend much on the car (being a student) to have it well kept. The wishbone bushes went walkabouts, and that, unknown to me, had all sorts of knock on affects on surrounding components - that is why the bloke wanted his money back.

The car was sold SPARES AND REPAIRS - there is no coming back from that if you are then surprised when it fails the MOT.

Here is the ebay link, turns out it was over 90 days ago, as you can see, it does not work: http://cgi.ebay.co.uk/ws/eBayISAPI.d...m=180704342574

If you haven't got the V5C at the time of sale, you shouldn't have sold it as you can't prove you were the registered keeper at the time of sale.

The car was sold SPARES AND REPAIRS - there is no coming back from that if you are then surprised when it fails the MOT.

 

Here is the ebay link, turns out it was over 90 days ago, as you can see, it does not work: http://cgi.ebay.co.uk/ws/eBayISAPI.d...m=180704342574

In the first post you say you sold it because you knew it would fail the MOT on pretty serious stuff, but in the ad claim it should get through an MOT with three trivial things done to it - battery, one tyre, and front bushes. Im not surprised hes coming after you tbh.

If you haven't got the V5C at the time of sale, you shouldn't have sold it as you can't prove you were the registered keeper at the time of sale.

I agree I am partly to blame for this, I should have waited but circumstances forced my hand somewhat.

If you place 180704342574 in the ebay search bar the advert comes up.

Based on that ad, you lied to him, as well as us, and should give him his money back.

Based on that ad, you lied to him, as well as us, and should give him his money back.

Where did I lie to him? Its not a lie if I didn't have any knowledge of faults with the car beyond what I listed in the add, which was totally honest.

Coming on here for advice and getting called a liar. Typical.

Where did I lie to him? Its not a lie if I didn't have any knowledge of faults with the car beyond what I listed in the add, which was totally honest.

 

Coming on here for advice and getting called a liar. Typical.

You claimed you sold it as spares or repair, you didnt. You sold it as "Car is in good condition and only needs a small amount of work to get it on the road. Engine is in top condition as it has been extremely well looked after", when you knew that wasnt true, as admitted in your first post, ergo, you lied. And now you've been caufght you are acting all indignant and girly.

If he inspected it and paid in full then he has accepted the goods. When I used to buy the odd car or two at the auctions you only had a couple of hours to return it for any mechanical complaints.

Why does ebay seem to think it sold for £430 and your first post says it went for £550?

As for the V5C, don't you just send it off saying who is now the registered keeper? There is no need for them to sign it too.

You claimed you sold it as spares or repair, you didnt. You sold it as "Car is in good condition and only needs a small amount of work to get it on the road. Engine is in top condition as it has been extremely well looked after", when you knew that wasnt true, as admitted in your first post, ergo, you lied. And now you've been caufght you are acting all indignant and girly.

No, what came up in his MOT of HIS car was more than I knew about, cant you get that through your THICK skull? I wouldn't lie to anybody, and I am annoyed you are painting me to the bad guy here. Girly maybe but a liar? No.

@Scummer part of the deal was done outside of ebay, I had offers outside of ebay (from the saxo forum mentioned previously) of higher amounts, so the guy ended up paying £550.

No, what came up in his MOT of HIS car was more than I knew about, cant you get that through your THICK skull? .

Opening post "I sold my old car on Ebay, after the MOT because I knew it would fail on some pretty serious stuff". Its right there in your own words. Denying you lied about it just makes it um, two lies. You also claimed you sold it as spares or repair, you didnt. Thats three in one short thread according to my maths.

Car is in good condition and only needs a small amount of work to get it on the road

Front nearside tyre needs replacing

Front wishbone bushes need replacing - At the moment there is a lot of steering wheel wobble at 50+ Mph, I have been quoted £90 to get this done (the bushes are nice and cheap.)

With the above things sorted the car should fly through an MOT.

Based on that, you have lied through your teeth and owe the guy a refund. However if he has signed a receipt to say its sold as seen you will probably get away with it, unfortunately.

No, what came up in his MOT of HIS car was more than I knew about, cant you get that through your THICK skull? I wouldn't lie to anybody, and I am annoyed you are painting me to the bad guy here. Girly maybe but a liar? No.

 

But you have lied! You advertised the car as an easy fix while knowing full well it would bomb.

Sold outside of EBAY so that has nothing to do with it. What matters is what took place between you and the buyer, what descriptions were made and what conditions were agreed.

Not a legal opinion, but my view is that you've been a bit daft putting on the advert that it 'should fly through an MOT' and that a 'small amount of work is need to get it on the road'. That's a pretty major claim based on, presumably, little mechanical knowledge. Having said that 'Buyer Beware' seems to also spring to mind, and your purchaser has bought the car on a 'sold as seen' basis.....although he could argue that you've not described the car correctly, and have described it as you have to get the maximum amount of cash from him.

On balance, when I used to buy second hand cars I used to ignore the ****e people used to spout and make my own decisions. I certainly wouldn't take someones word for it that it should 'fly through an MOT'. I think you've been a bit underhand / stupid / naive with your advert, but he saw the goods, inspected them, signed a 'sold as seen' receipt and took it away happy. If he had a doubt he could have insisted on an MOT pre purchase...it would have been worth his £35 to find out.

Car is in good condition and only needs a small amount of work to get it on the road

Front nearside tyre needs replacing

 

Front wishbone bushes need replacing - At the moment there is a lot of steering wheel wobble at 50+ Mph, I have been quoted £90 to get this done (the bushes are nice and cheap.)

 

With the above things sorted the car should fly through an MOT.

 

Based on that, you have lied through your teeth and owe the guy a refund. However if he has signed a receipt to say its sold as seen you will probably get away with it, unfortunately.

For the third time, for you and buctootim, and i'll shout so you can understand : AT THE TIME OF SALE I LISTED WHAT I KNEW TO BE WRONG WITH IT, I KNEW IT WOULD FAIL THE MOT FOR THESE THINGS. That is failed for MORE than the things I knew about is none of my concern - he bought it, he took the risk.

It was sold as SPARES / easy fix, where is the lie there? I could fix a couple of wishbone bushes if I had a spare week and a Hanes manual, point is I didn't at the time - and that was the most serious thing I WAS AWARE OF at the time of sale.

"If you can show that the vehicle did not match the description the seller gave you, you will have a claim against them, even if the seller believed the description to be true. It will strengthen your claim if you have written proof of the false description, for example, a newspaper advertisement". Citizens Advice Bureau.

Will try to keep a long story short...

 

I sold my old car on Ebay, after the MOT because I knew it would fail on some pretty serious stuff - still had 6 months tax. It was a 1998 Saxo VTS (little rocket ship)

 

Advertised it as spares and repairs, listed all the things I KNEW to be wrong with it (had it looked over before I decided to sell it) - I said that the buyer could take it to pieces or fix it up, that was up to the buyer.

 

It sold for £550, which I was happy with. The matey came and paid for it the same day, only problem was I didn't have the V5C due to a number plate change. He paid for it anyway and drove it away.

 

The next day his "mate" MOT's it and its a total disaster, the matey wants his money back and is refusing to sign the V5C (which I now have) - even though the car was advertised as spares and repairs.

 

This all took place at the end of August. What do you think my options are? I would go round to his and make him sign it but he threatened me down the phone saying things like "I've just got out of prison blah blah blah"... The bloke looked like a crack head or something.

 

The tax will come up for renewal soon and the DVLA will come after ME because HE wont sign the V5C. I could just scrap it, but I don't know what the ****er is doing with the car?

One other thing, the bits in bold above aren't reflected in your advert. £90 for brushes, a tyre and battery is hardly reflective of 'pretty major stuff'. If you had someone look over it before you sold it, then that person either hasn't got a clue about cars or you with held some of the information.

I wouldn't buy a second hand car from you but, as I said, I wouldn't have listened to what you were telling me anyway!

One other thing, the bits in bold above aren't reflected in your advert. £90 for brushes, a tyre and battery is hardly reflective of 'pretty major stuff'. If you had someone look over it before you sold it, then that person either hasn't got a clue about cars or you with held some of the information.

 

I wouldn't buy a second hand car from you but, as I said, I wouldn't have listened to what you were telling me anyway!

£90 for the part is one thing but getting someone to fit them is quite another.

"If you can show that the vehicle did not match the description the seller gave you, you will have a claim against them, even if the seller believed the description to be true. It will strengthen your claim if you have written proof of the false description, for example, a newspaper advertisement". Citizens Advice Bureau.

I think this is redundant given that he paid for the car getting on for 3 months ago, hes not made a complaint, he just wont sign the document.

£90 for the part is one thing but getting someone to fit them is quite another.

Just had mine done for £140 all in. Man up. You had the car MOT'd and it failed. You didnt want to pay for the repairs so you sold a crock for the price of a roadworthy car of the same age and milege and you're squealing because you've been caught out. Give the man his money back and scrap the car.

£90 for the part is one thing but getting someone to fit them is quite another.

But your advert said:

Front wishbone bushes need replacing - At the moment there is a lot of steering wheel wobble at 50+ Mph, I have been quoted £90 to get this done (the bushes are nice and cheap.)

That reads as though it's £90 to do the job and the bushes are nice and cheap. If it's now £90 for the bushes plus fitting (you've alluded that's expensive) then you've contradicted your advert.....which is a lie.......sorry.

He came back the next day with a list of faults. Basically you a just being a sleazeball.

One other thing, the bits in bold above aren't reflected in your advert. £90 for brushes, a tyre and battery is hardly reflective of 'pretty major stuff'. If you had someone look over it before you sold it, then that person either hasn't got a clue about cars or you with held some of the information.

 

I wouldn't buy a second hand car from you but, as I said, I wouldn't have listened to what you were telling me anyway!

The guy at ATS looked it over when I went in about severe wheel wobble, he said it was the wishbone bushes that had faded, he showed me, he was right. That is all the trouble I knew about, I have a quote for getting the job done from ATS in Eastleigh. - in the MOT it came up that the drive shafts were bent and needed replacing - the fact that I didn't know about this is neither here nor their.

The guy hasn't got a case against me, I know that for certain.

I think this is redundant given that he paid for the car getting on for 3 months ago, hes not made a complaint, he just wont sign the document.

Eh? You said 'the matey wants his money back and is refusing to sign the V5C'.....isn't that a complaint?

No offence SJ, but you need to make your mind up what the issue is here.....if he's not complaining why does he want his money back and why are we discussing the advert? If he wants his money back because he misled him, that's a complaint in anyones book.

He came back the next day with a list of faults. Basically you a just being a sleazeball.

He came back with a list of faults and thats my fault how...? How many times do we have to go over this?

Eh? You said 'the matey wants his money back and is refusing to sign the V5C'.....isn't that a complaint?

 

No offence SJ, but you need to make your mind up what the issue is here.....if he's not complaining why does he want his money back and why are we discussing the advert? If he wants his money back because he misled him, that's a complaint in anyones book.

Sorry that was in reply to Buctootims citizen beuro quotation, the guy hasn't made an official complaint (to the police, or a small claims court, or even Ebay). Obviously he wants his money back and wont sign the document, that is obvious.

He came back with a list of faults and thats my fault how...? How many times do we have to go over this?

Because you misrepresented the car in the ad. Because the faults were present when you sold it. You probably did know about the faults but even if you didnt you are still liable. Like Huffton said you will probably get away with it. Personally I hope he does smack you quite hard in the mouth because you deserve it.

The guy at ATS looked it over when I went in about severe wheel wobble, he said it was the wishbone bushes that had faded, he showed me, he was right. That is all the trouble I knew about, I have a quote for getting the job done from ATS in Eastleigh. - in the MOT it came up that the drive shafts were bent and needed replacing - the fact that I didn't know about this is neither here nor their.

 

The guy hasn't got a case against me, I know that for certain.

The trouble is you have made 2 claims in your advert that suggest otherwise, and that you can't substantiate:

- Car is in good condition and only needs a small amount of work to get it on the road.

- With the above things sorted the car should fly through an MOT.

He's an idiot for trusting you. You're an idiot for putting that in there. I wouldn't say, however, that he definitely hasn't got a case against you. You'd probably have been ok if you'd have listed what you did know was wrong with it, and said 'there may well be a raft of other issues, and I recommend that you get the car looked out before buying'. If you'd have said that, the car would almost certainly have gone for less money. Alternatively you could have put it through an MOT and given the documentation with faults and estimate for repair to any prospective buyer.

I still maintain that you've been economical with the truth saying that you knew it would fail on some pretty serious stuff.....what you've listed is not serious.

Because you misrepresented the car in the ad. Because the faults were present when you sold it. You probably did know about the faults but even if you didnt you are still liable. Like Huffton said you will probably get away with it. Personally I hope he does smack you quite hard in the mouth because you deserve it.

He can smack me in the mouth if he wants he'll just go straight back to Jail. The advice ebay's "care centre" gave me is that I shouldn't have anything to worry about, as given my knowledge of the car at the time of sale, I was honest. I was honest that, given my knowledge of the car at the time of sale, it would have gone through an mot with a small amount of work - I simply didn't have the capital to invest in getting it through the MOT, and luckily I was given my Grandads old car to use this year.

He was a total mug for paying £550 for it, I'm happy to say that.

 

I still maintain that you've been economical with the truth saying that you knew it would fail on some pretty serious stuff.....what you've listed is not serious.

That is your opinion, it seemed serious to me. A new tyre isn't serious, wishbone bushes and getting them fitted perhaps is.

From what you guys are saying I should have peered into the future and seen what else was wrong with the car, and then put it all in the advertisement, as I have said I did not have the money at the time to even get the thing tested.

That is your opinion, it seemed serious to me. A new tyre isn't serious, wishbone bushes and getting them fitted perhaps is.

 

From what you guys are saying I should have peered into the future and seen what else was wrong with the car, and then put it all in the advertisement, as I have said I did not have the money at the time to even get the thing tested.

Mate, it's not about what you knew / didn't know. It's about what you said. You claimed that with the 3 minor things fixed it would fly through the MOT. You claimed that with a small amount of work it would be on the road. Don't claim something unless you can back it up with facts, such as an MOT failure list. It seems as though neither of those claims were correct so, at best, you've been naive....but, in my view, so has he.

You asked for advice, you got advice. If you were asking for us to agree with your opinion, some of us wouldn't have bothered posting.