Active discussions

Meet the Other Phone. Flexible and made to last.

Meet the Other Phone.
Flexible and made to last.

Buy now

Please or to access all these features

Talk
Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

Original poster

Sold car privately now they want their money back

221 replies

Raspberrysins · 14/03/2021 16:19

I sold my car to a lady on Facebook. She test drove it on Monday. Picked it up on Friday. Meanwhile I also found a car and bought it with the proceeds. She turned up on my doorstep yesterday claiming the car is ‘no good’ and wants her money back. She said it smells of fumes and that the engine was smoking. She brought another lady who was pretty bolshy. I didn’t know what to do! She demanded that I go and pick it up from her house and so I did this and also I arranged for the garage who’d recently MOT’d it to take it for a check on Monday. I did this all as a gesture of goodwill. I felt sorry for her as honestly the car had been fine for me and just had some work done. I’m feeling so anxious now about what the outcome might be. What if the garage uncover a problem that I didn’t know about? What’s my responsibility? The car is legally hers and my understanding is that with a private sale it’s ‘sold as seen’. It’s up to her to check it properly. I never set out to scam anyone. I know officially I don’t have to do anything but I feel so very anxious. Her son lives in my village and I am worried they might cause trouble.

OP posts:
DishingOutDone · 14/03/2021 17:32

@LApprentiSorcier

As if the police would get involved in a civil dispute of this nature.
Not normally no, but they would deal with someone refusing to leave your doorstep and threatening you. If someone ever said to me they are going to call the police and using it as a threat, I'd always think that's a brilliant idea and agree with them.
madroid · 14/03/2021 17:35

No way she'll take this to court. She'll have to prove its faulty and provide an independent engineers report.

No, even if it has got a problem there is absolutely no come back from a private seller.

If you buy privately you usually get a cheaper deal. If you buy from a trader/garage you'll pay more because they know you can return the car if it's faulty. I've been through all this so know the law on second hand cars pretty well :)

murbblurb · 14/03/2021 17:36

goodwill has come back to kick you. As everyone else says, step away and let her try to take you to court. Silly cow will be laughed out. With private sales the guarantee expires at the end of your driveway.

any threats - 999.

8dpwoah · 14/03/2021 17:36

I think I'd just ring the garage first thing and say look, this car is on your forecourt, you've got the key, this is the customer (the CF woman) you need to contact to discuss what work she would like you to do with it before anything else.
I know it's abdicating responsibility a bit but the garage I'm sure will also say, your vehicle, your problem to her and not undertake any work without her authority.

wusbanker · 14/03/2021 17:37

I was recently the buyer in a similar dispute. I went through small claims and the seller gave me my money back, but the process was a learning curve in how few rights you have when buying a car from a private seller.

You're right, it's her responsibility to check the car before buying. Unless she can prove that it was unroadworthy when you sold it, it's not your problem.

8dpwoah · 14/03/2021 17:37

I mean ring the garage literally the minute they open so they don't get started on anything they would charge for, they might move it out the way but you don't want any more than that doing while they might think you're footing the bill.

sneakysnoopysniper · 14/03/2021 17:38

You should not have worried about her calling the police as your dispute over the car is a civil matter. It only becomes a police matter if there is likely to be a "breach of the peace." For example if someone turns up on your doorstep and threatens you or is abusive then they are harassing you.

The posters who say you should not have taken back the car are correct. You have now tacitly admitted liability for any defect in the merchandise. I would proceed as suggested. Pay/settle with the garage, return the car to the buyer and post the keys through the letter box. As soon as you do that you have returned it to her possession. It is then up to her to take the legal route if she wishes.

Lumene · 14/03/2021 17:39

Ring citizens advice to check your rights and responsibilities.

RoseRedRoseBlue · 14/03/2021 17:40

Why have you even entertained this? The minute she drove the car away and you had the payment it ceased to be your problem.

CyberdyneSystems · 14/03/2021 17:43

Three of the last four cars I've sold have gone 1-2 hours away which I was happy about incase a problem arose as there's less chance they'll come back

StopSearching · 14/03/2021 17:44

Oh no, you should not have done any of that. She bought it as seen. It was up to her to get a mechanic to check it out beforehand and she chose not to. Caveat emptor (let the buyer beware) is the law here.

I wouldn't let the garage touch it and just give it back to her, telling her you've taken legal advice and she should pursue a claim through the courts if she wanted a refund.

Shehasadiamondinthesky · 14/03/2021 17:46

You should not have taken the car back. I always get the RAC to check any car I buy
Thats what you do when you buy a car. Its the buyers responsibility not yours. Tough luck for her. Leave the car at her house and post the keys back or she will be bringing the car back for everyittle thing.

LifesLittleDeciders · 14/03/2021 17:46

Take the car back, pop the keys through the letter box. It’s sold as seen and you were honest. What happens after that is not your problem.

StellaDendrite · 14/03/2021 17:48

How did you describe the car in the ad? If you described it as in good condition and runs perfectly or something like that then you may be responsible. Some of the advice on this thread is wrong.

Tal45 · 14/03/2021 17:49

Was the car smoking and smelling of fumes when you drove it to the garage for her?

SylHellais · 14/03/2021 17:49

Tell the garage to contact her and have nothing more to do with it. It’s not your car. For the love of god, don’t give her any money.

You should not have taken the car back, let alone driven it to the garage for her. Don’t answer any phone calls or messages and if she turns up at your house threatening to call the police, tell her she’s welcome to and shut the door.

quicklybeingdrivenmad · 14/03/2021 17:50

Not your problem as you are a private seller, you sold in good faith, unless you are a trader on the side pretending to be private its nothing to do with you, do not drive the car cos you are not insured, as you have taken it back, get garage to provide a copy of mot stating roadworthy, document this, stick keys through her letter box and say garage will charge storage if not collected to her ( give them her details not breaking GDPR as no longer your car). And do not do anything more to help her wish you luck

oil0W0lio · 14/03/2021 17:58

Dont engage, she doesnt have a leg to stand on

muddyford · 14/03/2021 18:00

It was a private sale. However bolshy she or her sidekick get, you have no further responsibility for the vehicle. Look at Honest John on the Telegraph website for consumer law as it applies to cars.

ProfessorSlocombe · 14/03/2021 18:00

[quote Raspberrysins]@activitythree the garage are only checking the work they did to see if it’s faulty. They are not doing any work beyond this.[/quote]
How much are they charging for their time and who is paying ?

ivykaty44 · 14/03/2021 18:02

The correct answer to her threat to phone the Police would be "ok, and I'll call them if you don't leave"

this

drive the car to her house, pop the keys thow=ugh the door and leave.

then if she calls get the police
don't engage with her and tell her to take you to court if she believes you've done something wrong

ballsdeep · 14/03/2021 18:05

[quote Raspberrysins]@Mrsbrownsgargoyle I haven’t taken it back I just delivered it to the garage as she refused to do it herself. I don’t see how this makes me look guilty? Wasn’t I just doing the right thing? It’s a local garage and they did the work on the car.[/quote]
Why?! I would have phoned the police.

torquewench · 14/03/2021 18:05

What does she mean by "no good"? Clearly it was good enough when she test drove it and decided to buy it. Was it smoking at all when you sold it? Is it petrol or diesel?

willibald · 14/03/2021 18:05

I'd have shut the door in her face. Cheeky fucker. As it is I'd take it back to her and do exactly as ivykaty says. She comes back, call the police. Fuck her.

Yellow85 · 14/03/2021 18:12

If you’ve already spoken to the garage then ask her to come and collect the car. Advise her that you’ve reached out to the garage who have recently worked on the car and she should take it them on x date at x time to give her piece of mind. Then leave it.

If the garage find any issues then I’m sure she’ll be straight back at you tho.