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.

[Guest 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]

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.

[yellowt5r]

Hi thats what i was thinking tbh.it would be nice to hear a story from someone who has had this problem and been to court.it would make me feel a little better

[vanboy]

Al,i sent this thru to you by e-mail this morning,this is also from this site:

 

Hi, sorry for your misfortune.

 

From my own experience of a County Court claim...

 

The seller of my car altered the miles, lied about previous keepers, forged the service booklet and I actually had the car looked over at a garage who failed the mot of the car on seven different points and so it was unroadworthy. All of this was discovered after the event, some of which was only possible to do so.

 

However, I still lost the court claim.

 

Quite simply, the judge said it was a private sale and the moment I paid for the car all of it's problems were now mine.

 

He told me to always remember 'buyer beware' in the future.

 

Also, I would still argue that criminal acts were committed yet the police didn't want to know.

 

My advice-learn the lesson and move on however difficult it is to do.

 

Mick

[BADGER 69]

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.

:idea:

 

:o Funny how you say that "sold has seen" has no legal standing. I was once told to do just that and make no comments about the car by a solicitor.

[demon_x_slash]

It has no legal standing if the item was bought from a trader, or business. It does have legal standing in private sales between two individuals. Hope that clears things up.

[BADGER 69]

It has no legal standing if the item was bought from a trader, or business. It does have legal standing in private sales between two individuals. Hope that clears things up.

 

Thanks. That was my understanding.

[efunc]

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.

 

Why do you say these Acts don't apply to private sales? I'm about to make a claim against a seller who sold me something over the internet that didn't arrive. I was going to make a claim under the provisions of the Sale of Goods Act and the Distance Selling regulations. Am I wasting my time/money?

[Guest 10110001]

If a private seller has taken money from you without providing the goods then you reclaim it under Section 2(1)(b)(i) of the Fraud Act 2006.

 

If you paid by credit card then you can do a simple chargeback under Section 75 of the Consumer Credit Act 1974 and if you used paypal, they'll just have to debit it out of the sellers bank account.

[yellowt5r]

well im going to get legal advice tomorrow ill let you all know what the out come was.More advice is welcome so please dont think you still cant help

 

thank you all so far