Private Car sale buyer wants refund

[whoscoatsthatjacket2012]

I sold my old car recently privately via an advert on SM
Listed what work I'd had done and that it was recently serviced with a new MOT
The person who bought it said it has a fault and wants the money back.
I had no idea there was an issue and they tested the car before buying it.
They've now sent me a letter saying unless I give the money back they'll take me to court.
Should I reply to letter or ignore it and see what they do.

The OP I think said she did get him to sign something to that effect. So if she is being factual and accurate she needs to write it all down.

Having checked, you are right. She did get him to sign something to that effect. She does indeed need to be factual.

Completing the court thing today.
What else should I do
Done good pointers already thank you.
I have messages exchanged after purchase. Can I attach them? Is this evidence.
I don't have proof of the service as it was done at a small garage which is local will this matter? I do have the receipt for the parts pack used for the service though.
I actually feel sick. I can't afford to pay the money back as it went on debts. How long would I have to pay if I lose

OP put it all in, screenshot of messages exchanged etc.
Annotate everything to explain what it is so either a separate listing of all the attachments with an explanation of of what they are amd what they show e.g screenshot of messages with vendor to show that I explained that the car had no issues when I drove it the week before.

If you don't have the service proof from garage, can you ask them to provide one or at least written confirmation to say it was done on xx date? If not a bank statement to show the payment for it along with the parts invoices.

You don't need to worry OP, I really don't think that you will lose. Stay calm. Explain everything and write everything down before you head into court and stick to your notes.

Yes, you can include messages exchanged after purchase.

It would be better if you have some proof of the service, but it isn't the end of the world if you don't.

You won't lose.

Thank you again. All submitted.
Hopefully it will be a paper hearing it asked if I thought it was suitable for a judge to read it and decide and I've ticked yes.

See if you can talk the r service garage around.

You will have 2 weeks to pay it as well as his court fees.

i genuinely hope you win but try to collect all evidence that you can.

what is wrong with the car?
and after how long having it did he ask for his money back?

Make sure you file a defence in time.

the car was sold as seen and you weren’t aware of any problems with it.

you deny the claim and put the claimant to strict proof of each and every point he makes

phone the court to see if the claim is legit.

meantime, he still has the car and has t returned it. If he’s seeking to rescind the co tract he should have parked it back on your drive and posted the keys through the door.

cases like this are notoriously difficult to win. I very much doubt he’ll win.

stay cool and have some faith in the system. It’s ok with this sort of thing.

Good luck op

This is Citizens Advice statement of (lack of) rights from a private sale which echoes what others have said: as long as car is as described the purchaser has no rights for fault discovered after purchase

https://www.citizensadvice.org.uk/decision-trees/problem-with-a-used-car/next/

Had a court email today.
Have to do mediation now

What should I expect?

You and the buyer will meet with a mediator who will attempt to help you arrive at an agreement. All you need to do is stand firm - this was a private sale so you are not liable and you are not giving a refund.

@whoscoatsthatjacket2012 just bring along all the things you've prepared in terms of service history, what the ad said etc.
Again, write yourself notes if that will help you. Bullet it out and just say those things.
You sold it in good faith. You didn't know about any problem when ypu sold it. You are not a car expert and it worked when you sold it. You cannot take liability for subsequent problems that have arisen

Thank you both

You go into a room with a mediator, you'll present the facts

Car sold as seen
Receipt
They tested it
second hand car
Buyer beware etc
Copy of the advert if you still have it

They may give you the option of having a joint meeting after your one to one, but you don't have to agree to that

It's been explained by @prh47bridge who is a solicitor, there's no such thing as 'sold as seen'.

Good luck. Stay strong. Keep us updated.

If you are just a private individual that doesn't buy and sell cars for income etc, then the buyer has no recourse
If you can be described as a trader, even if you only sell a few cars a year etc, then you would need to be given the opportunity to put the fault right, before going down the route of refunds etc

Sorry.... I posted before I read who thread...
OP.... good luck

Please do try to get a Service Receipt from the small garage. They should have kept a copy themselves, and any detailed info they can give may prove invaluable.
Defo worth calling them.

He has probably stripped out and swapped over the parts he wants and put them in to his own car of the same make and model. Now he wants his money back.

Further update. Court date received.

Good luck OP. Is it soon?

Good luck @whoscoatsthatjacket2012 let us know the outcome please? Interested to find out