worried after selling car

lifeandtimes

Hi,

Can anyone give some advice please?

I sold a car last week on done deal,it was an automatic, the car was fine, no nct or tax and had been dirving find up until the time i stopped using it which was 4 weeks ago as insurance had gone to expensive so we sold it. I drove it that a few times around the estate just to confirm it was fine. The young guy came had a quick look at the car, was on the phone the whole time, signed the log book and went on his way.

Yesterday morning which is 4 days after i sold the car, i got a missed call and a voice mail from the lad yelling saying that the clutch had falling out of the car on the n11 and he wanted hs money back, that he had releatives with him and he was going to get it one way or another.

Im extremly worried for me and my familys saftey now, the car was fine when i sold it with no issues and im unsure how a clutch would fall out on an automatic car?

What should i do here, should i contact the police?

dudara

He's trying to extract/extort money from you.

It's a private sale, and the goods were bought as seen. He has no legal options for come back. If he makes any threatening actions towards you, contact the Gardaí and let him know that you are doing so.

MarkR

If he threatens you, yes. Don't ring the guy back, ignore. Don't accept any liability, or offer anything. You sold it privately, presumably you're not a motor dealer. If that's the case, it's buyer beware, and their problem.

lifeandtimes

hi, i have blocked the number, however i am receiving many notifications of him trying to contact me and now other numbers are contacting me also.

I am quite scared now, the car was fine when i sold it so i dont belive anything happened to it but im afraid what might happen to my family as he knows my address

hullaballoo

I am not lecturing but when buying/selling cars or anything else for that matter privately, it's always a good idea to meet on neutral ground. If the other party is genuine, they should have no problem with this. (It's also a good idea to go somewhere with plenty of people and ideally cameras, like a shopping centre car park.)

Anyway, the likelihood is that this is a scam and the other guy is effectively trying to rob you by using the threat of force to get you to give money. Ignore. If you feel genuinely threatened, inform Gardaí and keep a vigilant eye out. It is unlikely they will try anything, though, because you have their name and address from the book presumably.

alpha13

absolutely go to the guards... you have a voice mail evidence of him threatening you and therby in your mind you family too... and in the current climate with gang feuds and the rest.. naturally you are wary and concerned by the threats... at least by reporting it to the guards. if something does happen then you have a chance to have something done rather than after the fact. it is harder for the guards to do much... plus if there is any connection or concern for your safety they will be better able to determine that than you...
best case they will tell you not to worry about it and you continue on with your life.. worst case.. it is serious in which case you want them helping you before anything happens than after... as for the car.. he probably either drove the crap out of it or is trying to pull a fast one... HIS problem.. NOT yours...

bman1

But hang on a sec anyway. You said it was an auto. And he said the clutch fell out of it....

hullaballoo

Automatic cars have a clutch. An automatic clutch.

Conmc88

Contact gardai bring phone and allow them listen to the voicemail, get them to make contact with this person, as currently what he is doing is a form of harassment. He hasnt a leg to stand on. Car is sold as seen. Simple really.

Stoogie

I'm not saying this instance is a scam but there is a scam where people buy cars and then ask for money back because of the clutch or gearbox failing
does he want to return the car or does he want money to "fix" it?

nhunter100

OP under consumer law the only option the buyer has is to take you to court. Offer them that option or tell them to take a running jump . Plus i agree with the other posts contact the Garda if you're worried for your safety.

endacl

hullaballoo wrote: »

I am not lecturing but when buying/selling cars or anything else for that matter privately, it's always a good idea to meet on neutral ground.

On neutral ground, with a disposable phone.

GM228

hullaballoo wrote: »

Automatic cars have a clutch. An automatic clutch.

Automatic cars have a torque convertor, not a clutch. However within the convertor there are actually several small clutches.

hullaballoo

nhunter100 wrote: »

OP under consumer law the only option the buyer has is to take you to court. Offer them that option or tell them to take a running jump . Plus i agree with the other posts contact the Garda if you're worried for your safety.

Lest there be any confusion, the buyer isn't a consumer in a private sale. Consumer law, even if such a thing could be reasonable said to exist, doesn't apply here.

GM228

nhunter100 wrote: »

OP under consumer law the only option the buyer has is to take you to court. Offer them that option or tell them to take a running jump . Plus i agree with the other posts contact the Garda if you're worried for your safety.

Consumer law does not apply to private sales.

Caveat emptor.

bman1

GM228 wrote: »

Automatic cars have a torque convertor, not a clutch. However within the convertor there are actually several small clutches.

Suppose that was kinda what I ment. I drive an auto myself. The average fella wouldn't know the ins and outs of how an autobox works so would more assume the box was gone when it wasn't selecting gears. So it just seemed strange to me he said the clutch fell out.

nhunter100

hullaballoo wrote:

Lest there be any confusion, the buyer isn't a consumer in a private sale. Consumer law, even if such a thing could be reasonable said to exist, doesn't apply here.

Consumerhelp. ie seems to disagree. Unless I read the piece relating to private sales incorrectly.

grogi

hullaballoo wrote: »

I am not lecturing but when buying/selling cars or anything else for that matter privately, it's always a good idea to meet on neutral ground. If the other party is genuine, they should have no problem with this. (It's also a good idea to go somewhere with plenty of people and ideally cameras, like a shopping centre car park.)

I actually would have a problem with that. I don't exchange money in parking lots, parkings etc.

In a car purchase transaction it is the buyer who is exposed much more than the seller.

theteal

grogi wrote: »

I actually would have a problem with that. I don't exchange money in parking lots, parkings etc.

In a car purchase transaction it is the buyer who is exposed much more than the seller.

Agree with this, definitely not exchanging on a car in a car park. This will be happening at a house and if the address doesn't match the log book I'll be asking why too.

I would however (and have done) get a temp phone number for selling a car.

GM228

nhunter100 wrote: »

Consumerhelp. ie seems to disagree. Unless I read the piece relating to private sales incorrectly.

You read it wrong. The very first line on the Consumerhelp.ie section on private sales says it all.

You rights when you buy privately

You do not have the same consumer rights if you are buying a car from a private seller. Generally, private sales do not come with a warranty so you should ask a mechanic to check the car before you buy it. You should always get the seller’s address or telephone number so that you can contact them if you have problems later on. Always know what to look out for when buying privately. Use our handy downloadable car buyer's checklist (pdf) to help you keep track and make sure you get all the answers you need.

If you buy a car from a private seller and discover a problem, there may be little you can do beyond taking a civil case through the courts. Because of this you should be very careful when buying from a private seller and you really need to be aware of what you’re buying. Remember, a private seller may not have all the answers, so it is important for you to have the car checked by a mechanic.

nhunter100

GM228 wrote:

You read it wrong. The very first line on the Consumerhelp.ie section on private sales says it all.

I said the only option the buyer has is taking the seller to court which also appears to be the advice offered in the section you referenced.

hullaballoo

nhunter100 wrote: »

I said the only option the buyer has is taking the seller to court which also appears to be the advice offered in the section you referenced.

What is likely to give rise to confusion is your use of the term consumer law, which doesn't apply. It isn't helped by the clumsy drafting of that consumer website.

lifeandtimes

I have checked my phone and have over 40 calls from this guy and counting.

Im going to the guards shortly to report and hopefully they can do something.

Im not worried about the legal aspect anymore it's the safety of my family after the threats made

GM228

nhunter100 wrote: »

I said the only option the buyer has is taking the seller to court which also appears to be the advice offered in the section you referenced.

You said under consumer law you can take them to court, you can't take them to court under consumer law because consumer law dosn't apply.

For private sales generally, the principle caveat emptor holds. When you buy something privately it is not protected by the stipulations that goods sold must be of satisfactory quality and fit for the purpose intended etc and be free from faults etc.

Which begs the question of what civil recourse is actually available, very little if any.

Musketeer4

Private sale, out the gap. Tell him go fúck himself. He should have paid attention and not been on his phone if he wanted to check the car out properly.

And hassle off him just phone the Gardai.

Oh yeah, and the clutch just "fell out"? What kind of shíte is that?

theteal

lifeandtimes wrote: »

I have checked my phone and have over 40 calls from this guy and counting.

Im going to the guards shortly to report and hopefully they can do something.

Im not worried about the legal aspect anymore it's the safety of my family after the threats made

I wouldn't be worried, it's just bluster. Make the guards aware of threats and give them a quick bell if anything further happens.

Stoogie

Not being a smartarse here but would you consider taking the car back?
If its a scam they probably want money rather than taking the car back but if they broke something or you got lucky and something broke just after you sold it and they are a rough family would you not be better off ?

Germancarfan

lifeandtimes wrote: »

I have checked my phone and have over 40 calls from this guy and counting.

Im going to the guards shortly to report and hopefully they can do something.

Im not worried about the legal aspect anymore it's the safety of my family after the threats made

Take all the info you have to your local station and log it with them.
Bring any scan or pictures fo the log book if you have them to show the garda the buyers name and address. Did you happen to get any ID off him ?

Did you send the book to Shannon yourself ?

I know it's worrying but make sure to log it all properly. IN most cases if it is a scam they are relying on your worry or fear to extort money out of you.

nhunter100

GM228 wrote:

Which begs the question of what civil recourse is actually available, very little if any.

Take it up with Consumerhelp. ie that's where I sourced the information. I may have presented it poorly that's my bad. All is moot anyway as the OP is contacting the Guards due to safety concerns.

mittimitti

Contact the guards they should be able to call the buyer and put them straight
Once that happens they should leave you alone and move on to scamming the next person

BorneTobyWilde

The engine would need to come away from transmission for clutch to come out, and even at that you would need to unbolt it from transmission.
IMPOSSIBLE FOR A CLUTCH TO FALL OUT OF A CAR/

He's '' clutching'' at straws.

BorneTobyWilde

What was make of car ??

lifeandtimes

Yes i have his name and address as he signed the log book and his number wasnt on private

Musketeer4

Stoogie wrote: »

Not being a smartarse here but would you consider taking the car back?
If its a scam they probably want money rather than taking the car back but if they broke something or you got lucky and something broke just after you sold it and they are a rough family would you not be better off ?

And why would the OP want to buy back a knackered car and then be stuck with it and out of pocket for their troubles? Would YOU do that?
Stupid idea !

lifeandtimes

BorneTobyWilde wrote: »

What was make of car ??

1999 Vw golf

Conmc88

let us know what the Gardai say.

RustyNut

lifeandtimes wrote: »

I have checked my phone and have over 40 calls from this guy and counting.

Im going to the guards shortly to report and hopefully they can do something.

Im not worried about the legal aspect anymore it's the safety of my family after the threats made

Would you keep us updated OP. It might help the next person that finds themselves in a similar position. Good luck and thanks.

Stoogie

Musketeer4 wrote: »

And why would the OP want to buy back a knackered car and then be stuck with it and out of pocket for their troubles? Would YOU do that?
Stupid idea !

Would I do that ?I don't know, I suppose that if I was worried for my family's safety I might. I'm thinking a 99 golf automatic that's probably worth feck all is not something that would allow me to live in fear for my family.

nhunter100

lifeandtimes wrote:

1999 Vw golf

A 17 year old car? Tell him to have a coke / a smile and f**k off. If you know anyone in the local station ask them to give him a polite call on the phone.

L1011

Stoogie wrote: »

Not being a smartarse here but would you consider taking the car back?
If its a scam they probably want money rather than taking the car back but if they broke something or you got lucky and something broke just after you sold it and they are a rough family would you not be better off ?

You'd be insane to even consider this.

Stoogie

L1011 wrote: »

You'd be insane to even consider this.

How so?

anewme

grogi wrote: »

I actually would have a problem with that. I don't exchange money in parking lots, parkings etc.

In a car purchase transaction it is the buyer who is exposed much more than the seller.

I'd have a problem with that as well. If I were buying privately, Id expect to see it was genuine sellers car and that business with a disposable phone would put me off too. These days, its too easy to find people with social media etc, a friend of mine was selling a car...the guy was able to find her on LinkedIn etc, he was terrified of being scammed and so was she, so knowing that the other was genuine made a big difference.

Transaction was over 12K so a lot of money to be scammed for. She got her money, he got his car, both happy.

L1011

Stoogie wrote: »

How so?

Car has been out of your possession for some time. Anything could have been done with it

Clearly dodgy buyer now knows you're a very soft target

Amongst other things.

sammysnail016

Let us know how you get on OP. I was in a similar situation before but I kept ignoring the person and they went away.

4ensic15

hullaballoo wrote: »

I am not lecturing but when buying/selling cars or anything else for that matter privately, it's always a good idea to meet on neutral ground. If the other party is genuine, they should have no problem with this. (It's also a good idea to go somewhere with plenty of people and ideally cameras, like a shopping centre car park.)

Anyway, the likelihood is that this is a scam and the other guy is effectively trying to rob you by using the threat of force to get you to give money. Ignore. If you feel genuinely threatened, inform Gardaí and keep a vigilant eye out. It is unlikely they will try anything, though, because you have their name and address from the book presumably.

In general if, buying, always get into the sellers house so you can be sure who they are. If selling, meet on neutral ground so they don't find out who you are.

4ensic15

If there was a genuine issue with the car the guy would have been back to the door, not phoning like a lunatic.

Musketeer4

4ensic15 wrote: »

If there was a genuine issue with the car the guy would have been back to the door, not phoning like a lunatic.

Ah but sure he can't get to her door because the clutch fell out!

Atlantic Dawn

A 17 year old car, did he expect roadside assistance thrown in? He shouldn't have even taken the car on the road with no NCT, complete scammer.

I have a burner phone for car sales, it gets turned off when sale is complete once I see the car is out of my name on motortax.ie .

xabi

4ensic15 wrote: »

If there was a genuine issue with the car the guy would have been back to the door, not phoning like a lunatic.

He's still on the N11

harr

Similar issues a few year back, sold a quad that was running but was laid up a few years ..sold it cheap..lad that bought took it for a spin down the field and was happy enough..deal done.
Two weeks later he rings me telling me it was a pile of ****e and wanted money to fix a starter ..I told him to go jump..lots of treats and nasty phone calls and voicemails..I got pissed off went to local barracks with voicemails and his phone number and the local sergeant made a quick call to him and told anymore bother he would do him..never heard another thing from him..just a complete chancer...definitely report him ..

lifeandtimes

Hey everyone

I called the local station,theyve said because iv blocked his number and havnt had an altercation yet that i should wait for him to call and if he rings again tell him the car is his property and nothing to do with me and that I've been in touch with guards who have my phone records of the harrasment,then if hes threatning or sayys anything about harming me or my proprty to call down and make an official statement and theyll take it from there.

So iv unblocked and im waiting the inevitable phone call,iv also downloaded a call recorder to record the call,should be interesting