Sold Engine on ebay, buyer taking me to court

[itsawindupuk]

hi everyone, first timer here. I privately sold my engine for my MGB on ebay for 850 pound (19th April). It was described as a fast road uprated engine, it came with everything that was listed including a working gearbox etc. It came out of my own car so i knew it was working fine.

 

After paying through paypal he picked up the engine himself and seemed happy with it, i was being totally honest about it all and told him that in the years ive had it ive only ever had one problem and that was a "breather" issue 3 years ago. I told him i had it fixed with a new breather plate on the side of the engine and that was effectively that.

 

3 weeks later he called me to ask me how to wire the distributor which worried me as its a simple task, he was fitting the engine himself. I told him how and wished him well. Some time later (13th June) and he calls me from France (a trip to Le Mans) to tell me the engine is pushing oil out of the breather (basically the same problem i had 3 years ago).

 

I gave him what advice i could over the phone and didnt hear from him until 19th june. Unfortunately i was in Glen Clova at the time so could not use my phone all week as its a dead zone for mobile phones. I came back on the Saturday to find i had 2 messages on ebay and an answerphone message dated 19th june with the guy saying how unhappy he was regarding the engine.

 

He cut and pasted quoted from a forum i had used back in 2009 when i had the same problem and he believes ive sold him a peice of junk (even though i have proof of the engine in my car whilst at brands hatch race circuit some time after i had the breather problem). He also said "just as an aside, dont forget i know where you live and have your reg number and work closely with the police :)" .

 

I found this a threat and reported it to ebay. I mailed him back saying sorry for my late reply but i was away. I offered as much advice as i could regarding the engine, i built the engine myself, its a custom build and i worked very hard on it. In the end i said i wish to no longer have contact due to his threatening message.

 

 

I heard nothing until Thursday 28th June when my phone beeped to tell me i had a new answerphone message. It was dated Friday 22nd June and basically it was the guy very angry saying he is going to take me to court. He quoted the Sale Of Goods Act 1979 to me and said he will be taking me for 3-4 grand minimum to cover his trip to france and as i have no assets hell take my car. I found this most upsetting of course and i really need advice on what to do.

 

 

The engine worked perfectly when removed, it must have worked when he fitted it or he would not have driven it to france surely? I dont know if the engine has over heated, or been over revved. Its a 44 year old engine at the end of the day. He claims he cant go over 55mph without the engine giving him trouble, but surely it worked on his way to france?

 

And if it didnt, then by driving it knowing it has a fault is that not deemed "acceptance of goods"?

Im at a bit of a loss as i dont want a CCJ agaisnt me but i feel i should defend myself also as it was a working engine when removed.

Edited July 2, 2012 by citizenB
spacing for easier reading

[reallymadwoman]

If you are a private seller then there is nothing he can do other than take you to small claims court and let a judge decide. If you haven't deliberately lied about the condition of the engine, he will lose.

 

Regarding the threats made to you, I hope you have kept the answerphone messages and ebay messages, and personally I would report it to the police. They probably won't do anything, but if he arrives on your doorstep then they might react a bit quicker if you've already made a complaint.

[itsawindupuk]

Thanks for the reply, everyone i have spoken to has said that i should win the case but im a very nervous nelly. I described the item truthfully, he came to pick up the engine so he inspected it himself, fitted it himself and then drove it to france. It must have worked otherwise he would not have gone to france. My problem is i worry a huge amount about even small things so this is a major headache.

[sailor sam]

As previously said, if you are a private, non-trade seller then the SOGA will not apply. He would have to provide evidence that you falsely advertised the engine. Ignore his calls but if he persists inform him that you will regard it as harassment. Let him go to court if he want's to loose his money.

 

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[Conniff]

Saying and doing are very different things. He is probably all mouth and trousers and you shouldn't be unduly worried until you actually receive a summons. If you should receive a summons, then come back and you will be given advice on how to respond.

 

You haven't said if he asked for a refund?

 

Don't get involved in any negotiations about part refunds or help with fixing this very common problem. You are a private individual so the SOGA doesn't apply to you. If he paid by Paypal, then make sure there are no funds in your account.

[itsawindupuk]

Thanks for the replies, as it was over 60 days ago paypal and ebay wont get involved. He hasnt asked for a refund, and there have been no negotiations. As i was away that week he has assumed ive ignored him and just went straight to the threat of court. I saw somewhere on SOGA that even a private sale must be as described. But the engine was as described as it obviously worked as he drove to france.

[nohope]

Keep this bit very safe so you can print it of and take it to court if he goes that far -

"just as an aside, dont forget i know where you live and have your reg number and work closely with the police

 

If he did take you to court this would pretty much get it thrown out, even if he does work closely with the police this would be great to use against him as he would be using any position he holds in what ever job he does with or for them as a threat and that would go down like a lead balloon.

[Conniff]

Yes a private seller can negate a sale with a mis-description, but there was no breather problem evident at the time of sale and everything else was exactly as you told him, so that don't come into it.

[andydd]

Cant add a lot more to what has already been said, I doubt whether he would start court action, if he claims that his 'losses' are 3-4K then that would mean the court fees are going to run to a few hundred pounds alone, money that by the looks of it he would lose.

 

I find it very unlikely that a Judge would side with him, he doesnt appear to have much evidence, it may be that a Judge may want an experts report (although generally these dont apply to small claims).

 

Having reached this stage (and that fact he appears to be rather threatening) I would just ignore although there may be some benefit in following the general Pre-Action Protocol (a list of procedures to help settrle disputes) BUT only if he starts going down that route. (which I doubt)

 

Andy

[itsawindupuk]

thanks very much everyone, i very much appreciate all your help. If anything else should happen i will post it here.