private buyer wants to take me to court part 2!!!!

[yellowt5r]

Hi all

(sorry its a little long)

Im having a problem with a private buyer and is wanting some money back.i was selling my motorbike and a mr X came to me on a sat morning with his son,they inspected my motorbike for 15 mins approx but never test rode it as he said his son didnt have any insurance.We aggreed a price and left me a small deposit he also asked me if i could delivery it to him as he said his son couldnt ride it due to no insurance,i said thats fine as he only lived 5 miles away,on the the tuesday i delivered the bike to mr x and he paid me in full (cash) i wrote him a reciept "sold as seen" was put on the reciept along with the other details.i left his house with cash.1 day later i get a phone call from mr x saying the speedo wasnt working.i was suprised he said that,as when i delivered it everything was working fine.I said if his son came back over to me i would have a little look as a good gesture.However i never did hear from him so i guessed he had fixed it himself,6 days later i opened a letter from mr x with an invoice from honda saying he want me to pay a few hundred pound for a new speedo dial as honda dealers had to replace it as it was broken Honda also said it had a hard drop or been crashed i know i have never crashed or dropped it,i bought this bike 2nd hand too so it must of happened from the original owner or mr x's son, i was never told by honda about this as i had this bike serviced by them TWICE and a recall to replace a part!.Mr x has warned me in letter form if i dont pay up he will take me to a small claims court.I dont feel i should pay this as it was working fine when i delivered it to him and i never knew it had been dropped/crashed as honda had never pointed it out to me in my 3 visits to them so how do i stand in the court of law?i am a private seller so no warrenty came with the bike.

sorry its long but i wanted it to be clear as possible to the reader

thank you for any help

[Goldlady]

Sounds like a try on to me. Probably the son has dropped it and smashed the speedo. Errr - a few hundred pounds for a speedo dial? It's a long time since I had a bike but that sounds a tad excessive. Also, if you have had it into the Honda dealers they would be able to confirm it was OK. I would tell him to bog off if it was me.

[10110001]

provided you are an individual selling your own bike and you are not a dealer then the sale doesn't come under the Sale of Goods Act 1979 or the Sale and Supply of Goods to Consumers Regulations 2002.

Let him serve you with court proceedings and your defence should be that you are a private seller.

[Filthy Monkey]

He really doesn't have a leg to stand on as it was a private sale. Sounds like he's trying to scare you into paying...

[HSBCrusher]

deleted duplicate thread

[yellowt5r]

Originally Posted by HSBCrusher

deleted duplicate thread

Hi hsbcrusher im confussed about the deleted dupicate thread part can you explain if possible please

thanks

[Michael Browne]

Hi hsbcrusher im confussed about the deleted dupicate thread part can you explain if possible please

You may not have realised that you posted the original question twice. He's just deleted the other thread

[yellowt5r]

oh right!stupid me!

thanks

[longshot]

Consumer rights: how to make 'em play fair...

Read the paragraph on sold as seen. caveat emptor

[yellowt5r]

mmmmmmm???ok i have i have changed it a little as it didnt make sense the way i worded it

is it better now?

[yellowt5r]

thank you for all the responce so far,i still feel abit unsure about my problem.So if anyone else knows more about this id be very happy for the info

thanks

[Conniff]

Are you talking 'external' damage yellow or damage that could only be seen when the speedo was removed?

P.S. There is no point in putting "Sold as seen" it means nothing and has no legal standing.

[yellowt5r]

hi well im guessing it was unable to be seen,as for the sold as seen why is the caveat emptor been mentioned?does it really matter as he had the chance to test ride it to prove it was all working,he chose not to do it.Is it reallly my fault/problem?

[yellowt5r]

i feel its not

[Conniff]

caveat emptor means 'buyer beware' in other words the person buying should check things are satisfactory.

If the speedo was working when you delivered it to them, it's not working now for some other reason.

Anyway that is all academic as this is a private sale, one it which a product is bought and not sold, so it as this post began - caveat emptor.

[publicenemyno1]

I would be AMAZED if any dealer or fitter was willing to put themselves on the line legally, and testify in any way that they thought they were expert witness enough to prove that the speedo had been 'dropped'...

I suspect the guy is trying it on, but even if it did reach a claim, its likely he would have to 'prove' the damage alone. This would be difficult, I think.

Just my opinion though, but a good reason for just doing nothing for now, I think.

[Filthy Monkey]

more importantly, the buyer would have to prove that the damage happened before the sale and that the seller stated at the point of sale that it wasn't broken.