Sold car 2 months ago, new owner just rang me....

W.Shakes-Beer

Okay, I'm sitting here fúcking fuming at the cheek of some people.

I sold my car about 2 months ago due to purchase of a new car.

I just got a call there off the young fella who bought it saying that the headgasket has went and he wants money to pay for it.

Now, when I sold that car there was not even a hint of a headgasket failure, the car was looked after meticulously, the chap came to look at it, looked it over, had it running and not a bother, he bought it.

On the phone just there he said his mechanic looked it over and said the waterpump was never replaced (i have record of replacement in 2009 due to the bearing) and that it was failing when he bought the car.

Now, he said this failed a week after he bought it (so 7 weeks ago).

He wanted me to pay €700 for his HG.


I basically told him to get stuffed, the car was in perfect condition when I sold it to him (and have witness to it). Told him that its nothing to do with me that the HG went(I'd say he drove the ****e out of the car, as it was his first). I've seen him driving around the area plenty of times.


I am absolutely in shock! He then told me that he'll take it to the small claims court, I told him off he goes but doesn't have a leg to stand on, the deal was final.

Now this little ****er knows where I live and what car I drive, I'll be keeping an eye on it.

Any advice please? This is rediculous. :mad:

Johnny Utah

This is why you should use a cheap, prepaid mobile when selling a car!

Anan1

You're right, of course. I'd have been civil to him, mainly because he's probably more young & silly than bad, and also to head off any possible repercussions. In any case, what's done is done. Take a few deep breaths and forget about it.:)

Drummerboy08

Tell him to fcuk right off, it was a private sale and buyer beware.

If you see him around your house or if he keeps calling you, just report him to the Gardai.

whippet

from a legal stance you have shag all to be worried about, private sale = buyer beware.

The Small Claims Court does not even come in to play as this isn't a business to consumer transaction and is outside of their brief.

On the other side depending on what sort of a scroat this youngfella may be .. you might be in danger of him causing a bit of revenge damage to your property.

But legally nothing to worry about

qvsr46ofgc792k

ignore him.
he wont go to the small claims court.
He will eventually realise he is a muppet and stop ringing you.

Seth Brundle

He has absolutely no legal comeback.
If anything happens just go straight to the gardai.

El Guapo!

As has been said, you have nothing to worry about. He's chancing his arm and prob thought you'd give in with the threat of legal action. 2 can play at that game, if he keeps calling you then you threaten him with legal action. Tell him you'll get him done for harrassment if he keeps it up.
Some people are just cheeky bastards!

W.Shakes-Beer

Cheers for the advice folks.

Thats unreal.

What a chancer.

I told him over the phone that when he came to view the car, he was happy with it, the car was in perfect order and he bought it. That from there on whatever happens to that car is his doing and not mine.

I'll see what tomorrow brings.

Tefral

The chancer. He hasnt a legal leg to stand on.

Caveat emptor

sean1141

also if you think he might be fit to damage your car/house it might be worth telling the story to a local friendly guard.

bhur

cronin_j wrote: »

The chancer. He hasnt a legal leg to stand on.

Caveat emptor

not really relevant if its obvious his ragging the ****e out of the car caused the problem?

Our man in Havana

Another reason never to sell a used car to a local. I likes to make sure they go far far away.

end a eknny

just forget about it you will never hear another word

W.Shakes-Beer

sean1141 wrote: »

also if you think he might be fit to damage your car/house it might be worth telling the story to a local friendly guard.

Thats the bit I'm worried about, my car is always garaged but you never no what length scum might go to.

The fact that this guy literally lives around the corner from me doesn't help (I kinda knew him as kids, not a friend) as I've seen him driving down my road over the weeks.

Probably should never have sold the car to him, but you know how hard it is to sell these days.

Im still fuming here... the ****ing cheek.

bhur

Our man in Havana wrote: »

Another reason never to sell a used car to a local. I likes to make sure they go far far away.

Do a martin brundle on it, warranty the lada to the driveway and watch them leave through the letterbox

Ken.

If he's only a young fella and you know him maybe a word with his parents might be in order if he harasses you any more

W.Shakes-Beer

lucyfur09 wrote: »

If he's only a young fella and you know him maybe a word with his parents might be in order if he harasses you any more

To be honest, its likely his parents are scum too. Im just gonna drop it now, and any hassle I'll call the Guards.

His folks were probably egging him on in the back ground with the "legal action" shíte.

bhur

W.Shakes-Beer wrote: »

To be honest, its likely his parents are scum too. Im just gonna drop it now, and any hassle I'll call the Guards.

His folks were probably egging him on in the back ground with the "legal action" shíte.

CCTV boy!

EPM

Just ask the local Gardai to make a note of it. Always good to plan ahead. You've done nothing wrong. His problem.

dev100

700 for head gasket ??? surely the kit would only cost about 150 head skimmed prob 100 labour 100 or so ... plus you couldnt drive around with pump gone What is it a BMW or something??? Good phrase sold as seen and always get them to sign paperwork to document it

Nonoperational

Relax a small bit. Just tell him your not entertaining it and hang up.

L1011

bhur wrote: »

not really relevant if its obvious his ragging the ****e out of the car caused the problem?

He could have driven it perfectly normally, he STILL has no comeback. Private sales are caveat emptor.

Let him waste his small claims court fee if he's that stupid.

the_syco

W.Shakes-Beer wrote: »

Now, he said this failed a week after he bought it (so 7 weeks ago).

He wanted me to pay €700 for his HG.

I'm thinking he drove it into the ground, and now wants you to pay for the damage he's caused to the engine.

W.Shakes-Beer wrote: »

He then told me that he'll take it to the small claims court, I told him off he goes but doesn't have a leg to stand on, the deal was final.

Make a note of the conversation in case he does something stupid in the future. Inform the Gardai of the conversation, as you think he may do something stupid.

Our man in Havana

MYOB wrote: »

He could have driven it perfectly normally, he STILL has no comeback. Private sales are caveat emptor.

Let him waste his small claims court fee if he's that stupid.

The clerk would refuse to accept his claim so no fee would be charged.

W.Shakes-Beer

EPM wrote: »

Just ask the local Gardai to make a note of it. Always good to plan ahead. You've done nothing wrong. His problem.

I will be doing so. Cheers.

eco2live

In fairness he only said that he would bring you to the small claims court. He did not threaten you or your property. Just pushed it a bit to try and get some money.

Atlantic Dawn

W.Shakes-Beer wrote: »

Now this little ****er knows where I live and what car I drive, I'll be keeping an eye on it.

Any advice please? This is rediculous. :mad:

And you have his from what you filled in the VLC when selling it, nothing to worry about, chap is just chancing his arm and would be a fool to try anything. You are (I take it) not a trained mechanic and can only give an opinion that if he asked you thought the car was running fine, it would be crazy to assume that a 2nd hand private sale involves a level of service you would expect from a new car from a main dealer.

W.Shakes-Beer

dev100 wrote: »

700 for head gasket ??? surely the kit would only cost about 150 head skimmed prob 100 labour 100 or so ... plus you couldnt drive around with pump gone What is it a BMW or something??? Good phrase sold as seen and always get them to sign paperwork to document it

It was a 1.4 Astra

eco2live wrote: »

In fairness he only said that he would bring you to the small claims court. He did not threaten you or your property. Just pushed it a bit to try and get some money.

Well lets just say he didn't sound impressed by about 10 seconds into the phone call when he realised i was having none of it. I honestly wouldn't put it past trash like him to get revenge because he's in denial that he managed to **** the car up himself.

Anan1

W.Shakes-Beer wrote: »

Well lets just say he didn't sound impressed by about 10 seconds into the phone call when he realised i was having none of it. I honestly wouldn't put it past trash like him to get revenge because he's in denial that he managed to **** the car up himself.

I really hope this isn't the attitude you used with him on the phone. You need to remember that, wrong though he was, he genuinely believed that he had a point. It was in both of your interests to educate, rather than alienate, him.

W.Shakes-Beer

Anan1 wrote: »

I really hope this isn't the attitude you used with him on the phone. You need to remember that, wrong though he was, he genuinely believed that he had a point. It was in both of your interests to educate, rather than alienate, him.

God no, thats just whats running through my mind after the conversation. I spoke to him in a completely calm manner and told him that there really isn't much I can do, i sold the car as seen etc.

Wanted his mechanic to talk to me

But told him no, as this is nothing to do with me.

At whcih point he threatened court and I told him to go ahead but it'd be pointless.

Then he hung up.

Absurdum

Anan1 wrote: »

I really hope this isn't the attitude you used with him on the phone. You need to remember that, wrong though he was, he genuinely believed that he had a point. It was in both of your interests to educate, rather than alienate, him.

+1

be polite but firm to the lad, he probably thought he could treat you as if it were a dealer who sold the car to him

anything else, report it

maidhc

W.Shakes-Beer wrote: »

It was a 1.4 Astra

Don't the 1.4 Astra's from the late 90's and early 00 need modified HGs? A lot of them failed for no good reason.

TylerIE

A friend had a similar issue a few years ago.

I cant recall what was the issue with his car but he sold it to a guy who had test drove it etc. Buyer had bought it from the seller outside sellers house.

Buyer rings the next day complaining about some issue with the car.
Seller said you test drove it etc.... Buyer goes crazy says he will be in touch.

Two days later sellers house is empty - house broken into, the cash from the car is taken from his room (hed held onto it to buy a new car), his mothers rings, his PS2 and games and a few other bits and pieces taken.

You could say circumstantial but funny how he never heard further from the buyer.

So depending on what you thought of your buyer it may be worth being cautious for a while.

Anan1

W.Shakes-Beer wrote: »

God no, thats just whats running through my mind after the conversation. I spoke to him in a completely calm manner and told him that there really isn't much I can do, i sold the car as seen etc.

Wanted his mechanic to talk to me

But told him no, as this is nothing to do with me.

At whcih point he threatened court and I told him to go ahead but it'd be pointless.

Then he hung up.

Glad to hear it, sounds like you handled it as well as you could so. FWIW I had a very similar situation a few years back, but with a good friend! Even nice people can get very funny ideas sometimes.

mondeo

2 months jesus...Alot can happen to a car in 2 months, I'd enjoy telling them to bog off.


A neighbour of mine wanted to buy my Old Volvo S80 but I told em it was sold as I thought it would be a bad idea if somthing went wrong.

W.Shakes-Beer

maidhc wrote: »

Don't the 1.4 Astra's from the late 90's and early 00 need modified HGs? A lot of them failed for no good reason.

I have heard of the 1.4's having HG issues and always kept a close eye on everything for that reason. Car had about 59,000 when I sold it and was a 00 reg.

Anan1

For future reference, whenever i'm selling a car I always have 'Car sold as tried & tested, no warranty given or implied' on both receipts, each signed by both of us. It's probably meaningless legally, but it does ensure that we're both on the same page from the start.

maidhc

Anan1 wrote: »

For future reference, whenever i'm selling a car I always have 'Car sold as tried & tested, no warranty given or implied' on both receipts, each signed by both of us. It's probably meaningless legally, but it does ensure that we're both on the same page from the start.

Actually well worth doing and I can assure you a judge would take note of it, particularly in a private sale or a B2B transaction where both side are of equal bargaining power.

Fey!

Several years ago I traded a 7 year old civic coupe with 130k against a 7 year old accord coupe with 80k at the then Honda main dealer in Galway.

I witnessed the new owner of the civic pulling handbrake turns on the main road trying to impress his friends. He even bragged to me that he got it up to 140mph! (it was a 1995 1.5 civic, so it was unlikely).

2 months after the trade in I got a call from the salesmen saying that I didn't tell him at the time that the civic was burning oil and that now the engine was seized and that I now owed them for a new engine!

Needless to say he was told where to go. The same guy at this stage hadn't done any of the warranty work that the accord needed, and had kept fobbing me off.

OP; just ignore him.

johnos1984

Fey! wrote: »

2 months after the trade in I got a call from the salesmen saying that I didn't tell him at the time that the civic was burning oil and that now the engine was seized and that I now owed them for a new engine!

:D:D:D:D:D

Anan1

Fey! wrote: »

2 months after the trade in I got a call from the salesmen saying that I didn't tell him at the time that the civic was burning oil and that now the engine was seized and that I now owed them for a new engine!

Needless to say he was told where to go. The same guy at this stage hadn't done any of the warranty work that the accord needed, and had kept fobbing me off.

Do you think he really expected you to pay for a new engine for the Civic, or was he just trying to get you off his back about the Accord?;)

Hal1

It might be worth recording any future calls with this little scrote, incase his tone changes with you.

coylemj

Anan1 wrote: »

For future reference, whenever i'm selling a car I always have 'Car sold as tried & tested, no warranty given or implied' on both receipts, each signed by both of us. It's probably meaningless legally, but it does ensure that we're both on the same page from the start.

The law is on the side of the seller in the case of a private sale of a car. As long as the car doesn't have a defect which to the knowledge of the seller would render the use of the car a danger to the public, the buyer has no comeback on the seller.

If you exchange documents then you might actually compromise your situation (as a seller) by inadvertently introducing clauses into the deal. If I was you I'd not introduce any paperwork into the transaction.

Sale of Goods and Supply of Services Act 1980.

S. 13 (2)

Without prejudice to any other condition or warranty, in every contract for the sale of a motor vehicle (except a contract in which the buyer is a person whose business it is to deal in motor vehicles) there is an implied condition that at the time of delivery of the vehicle under the contract it is free from any defect which would render it a danger to the public, including persons travelling in the vehicle.

Hermy

bhur wrote: »

Do a martin brundle on it, warranty the lada to the driveway and watch them leave through the letterbox

What's this mean?

FutureGuy

OP, you have literally nothing to worry about. He has no leg to stand on. Reminds me of this...

https://www.youtube.com/watch?v=OxakBta5pAM

He had it 9 weeks. If it went 2 days later maybe he would have a point.

Anan1

FutureGuy wrote: »

He had it 9 weeks. If it went 2 days later maybe he would have a point.

He still wouldn't.

stevenmu

W.Shakes-Beer wrote: »

Now, he said this failed a week after he bought it (so 7 weeks ago).

I'm not a mechanic, but if he knows it went 7 weeks ago, then he must have known about it 7 weeks ago. That means he's been driving around for 7 weeks knowing the water pump was gone. And he thinks the head gasket is your fault?




(again I'm not a mechanic but I'm assuming that with the pump gone, there'd be no fresh coolant pumped around the engine, which would overheat and destroy the gasket?)

Audi driver

I can see why the OP is fretting, hopefully you wont hear anythign else from him!! I can also see why the young fella rang the OP! in the past I too bought a car privately off a person I knew, this person promised me this, that and the other about the car, which I stupidly believed!!! within days of having the car numerous faults were discovered and I too was extremely angry with the person, I didnt ring him but happened to meet him in town one day and he asked abut the car and I told him what happened, I didnt expect any money or anything but I wanted it off my chest and thought he should know! I have been stung once, I defo. wont be stung again!!!! buyer beware when buying privately!!!

C4Kid

When I bought my car almost a year ago the seller never did any dealings at his home, always elsewhere., I looked at the car in a car park and picked it up at a petrol station and he wouldn't take a lift back and walked instead. I can see why and he's not alone but it kind of worried me after but no major issue with it yet ...:pac:

Caliden

He hasn't got a leg to stand on.

If you're still worried or receive any more phone calls, report him and contact a soliciter and explain your situation. Get him to send this guy a letter, which will in no uncertain terms tell him to feck off, and that will be the end of it.

Also, you should check out the legal section on here. They don't give legal advice but will tell you what statutes to have a read through.