Private sale and small claims

Hero777

So I sold a car to someone privately on adverts/done deal. Car had just past its test and was driving grand.

He had a good look over it, we haggled on price and away he went.

A month later I am getting letters and texts saying that head gasket is gone and he's looking for compensation or else he will take me to small claims.

Can he take me to court given that I am a normal joe soap that was not selling the car as part of an ongoing business. I know nothing about cars so as far I was concerned all boxes were ticked when it was sold.

I feel for the guy I do, but I can't be held responsible for this can I?

Tefral

Caveat Emptor - Let the buyer beware..

He hasnt a leg to stand on.

TheChizler

Unless you specifically told him that the head gasket was perfect and knew it wasn't I don't see how you could be at fault.

mullingar

Ignore it, they have zero legal claim as you sold it in good faith and "as is"

George Dalton

As above. It will come to nothing. If he wanted a warranty he could have bought from a dealer or purchased a third party warranty.

What approx price of car are we talking about here?

bazz26

Taken from here:

http://www.courts.ie/Courts.ie/library3.nsf/pagecurrent/781D7D5227918A618025715C004CAEF3?opendocument

Type of claims dealt with
(a) a claim for goods or services bought for private use from someone selling them in the course of a business (consumer claims)

(b) a claim for goods or services bought for business use from someone selling them in the course of a business (business claims)

(c) a claim for minor damage to property (but excluding personal injuries)

(d) a claim for the non-return of a rent deposit for certain kinds of rented properties. For example, a holiday home or a room / flat in a premises where the owner also lives

provided that a claim does not exceed €2,000.


So unless you are a dealer who sold the car in the course of your business the buyer is talking nonsense and trying to bluff you into paying for the repairs.

Hero777

George Dalton wrote: »

As above. It will come to nothing. If he wanted a warranty he could have bought from a dealer or purchased a third party warranty.

What approx price of car are we talking about here?

We are talking 1900 quid here. Car was 9 year old diesel with 100k miles

Hero777

bazz26 wrote: »

Taken from here:

http://www.courts.ie/Courts.ie/library3.nsf/pagecurrent/781D7D5227918A618025715C004CAEF3?opendocument

Type of claims dealt with
(a) a claim for goods or services bought for private use from someone selling them in the course of a business (consumer claims)

(b) a claim for goods or services bought for business use from someone selling them in the course of a business (business claims)

(c) a claim for minor damage to property (but excluding personal injuries)

(d) a claim for the non-return of a rent deposit for certain kinds of rented properties. For example, a holiday home or a room / flat in a premises where the owner also lives

provided that a claim does not exceed €2,000.


So unless you are a dealer who sold the car in the course of your business the buyer is talking nonsense and trying to bluff you into paying for the repairs.

I came across the same thing in my internet searches. I did give him a receipt for the cash, would that dirty the waters any?

Just to clarify I'm not a dealer. Wouldn't know the first thing about cars

Mervyn Skidmore

Hero777 wrote: »

I came across the same thing in my internet searches. I did give him a receipt for the cash, would that dirty the waters any?

Just to clarify I'm not a dealer. Wouldn't know the first thing about cars

He could make a small claim application but if it ever gets to court you have to let the Judge know that you are an individual and not a dealer and have the rules of the small claims procedure at hand to make the Judge aware that it refers to goods being sold in the course of a business.

BMJD

Keep all details of any contact you have, if it gets out of hand them report them to the Gardai for harassment.

ohnonotgmail

Mervyn Skidmore wrote: »

He could make a small claim application but if it ever gets to court you have to let the Judge know that you are an individual and not a dealer and have the rules of the small claims procedure at hand to make the Judge aware that it refers to goods being sold in the course of a business.

i doubt it would even get as far as a judge. the clerk of the court would see to that.

Mervyn Skidmore

ohnonotgmail wrote: »

i doubt it would even get as far as a judge. the clerk of the court would see to that.

The clerk can't make a decision on a claim. If they cannot settle the claim, it has to go before a Judge.

ohnonotgmail

Mervyn Skidmore wrote: »

The clerk can't make a decision on a claim. If they cannot settle the claim, it has to go before a Judge.

i thought the clerk had the power to reject claims that did not meet the criteria for the small claims court. Otherwise the judge would spend most of their time wading through nonsense claims.

godtabh

ohnonotgmail wrote: »

i thought the clerk had the power to reject claims that did not meet the criteria for the small claims court. Otherwise the judge would spend most of their time wading through nonsense claims.

I had a small claim rejected by the clerk of the court. It was me against a travel agent.

Mervyn Skidmore

godtabh wrote: »

I had a small claim rejected by the clerk of the court. It was me against a travel agent.

They can reject them if they obviously don't come under the remit of the small claims procedure.

9935452

Hero777 wrote: »

So I sold a car to someone privately on adverts/done deal. Car had just past its test and was driving grand.

He had a good look over it, we haggled on price and away he went.

A month later I am getting letters and texts saying that head gasket is gone and he's looking for compensation or else he will take me to small claims.

Can he take me to court given that I am a normal joe soap that was not selling the car as part of an ongoing business. I know nothing about cars so as far I was concerned all boxes were ticked when it was sold.

I feel for the guy I do, but I can't be held responsible for this can I?

He hasnt a leg to stand on .
You might feel for the guy but he could be a conman too who just might be looking to make the car cheaper by bullying a few quid off you and there might be nothing wrong with the car.
Or he has realised he cant afford to run it , the tax might be due .
He might have blown the head gasket himself by rallying the car.
Personally i would let him know that it was a 'as is deal' and he has no comeback.
then just dont answer the phone to him or respond to texts.

bazz26

I think this is being over analysed by some to be honest.

I cannot see how this would go to the small claims court simply because the OP did not sell the car through the course of their business. The OP is a private individual and not in the business of selling cars. If this type of case went before a small claims court judge then the majority of donedeal private sellers would probably be in the small claims court everyday.

OP, giving the buyer a receipt makes no difference imo, all it would prove is that you sold the car to them.

Hero777

BMJD wrote: »

Keep all details of any contact you have, if it gets out of hand them report them to the Gardai for harassment.

Yeah its really getting to me at this stage. A text a day at least, one letter a week. Sprinkle into that Facebook messages etc.

sweetie

Hero777 wrote: »

Yeah its really getting to me at this stage. A text a day at least, one letter a week. Sprinkle into that Facebook messages etc.

Write him and tell him to cease and desist from contacting you and that any further correspondence will be taken to the Gardai and you will file a complaint for harrassment.

tom_k

Block him on Facebook, inform him that his contacts constitute harassment and and any further contacts will lead to you informing the Gardai.

This type of thing is another argument for the use of a throwaway sim card for such sales.

Henry Ford III

Hero777 wrote: »

Yeah its really getting to me at this stage. A text a day at least, one letter a week. Sprinkle into that Facebook messages etc.

Block the buyer on FB and on your phone. Use the letters to light the fire.