Private car selling come back ?

[Rustyveedub]

Hello all,

I found this website a while ago and found it very interesting, i was hoping that i would never have to register and ask for advice but here i am with my (hopefully) only post

 

Not sure if this is the right area but watched the posting video and it said this is the best place if you're not sure.

 

I put my personal car up for sale outside my house and on eBay. On Thursday evening whist i was washing my new car a male pulled up outside my house and asked if the car was mine. I said it was and asked if he wanted to look at it. I handed him the keys and said do what you want with it and carried on washing the car. I then went back to him and said take it out on your own if you want. He asked me if i was sure and left his car. He drove off in my car on his own leaving his behind. He returned 10 minutes later and said that he would take the car. I asked him if he meant now and he replied no i will pick it up tomorrow after work and left. He left no deposit, so i took the sale with a pinch of salt.

The next afternoon just as i was popping out to the Post office the male arrived. He said i'm still at work, i've just told my boss i've got to pop out to pay for a car. I will pay you now, take the keys and pick it up later. I was happy with this took the agreed £400 off him in cash, filled out the V5 with a change of owner in his name (which both of us signed) and the new keepers supplement in his name which i gave him along with the keys. As he was in a rush i did not offer to give him a receipt and he did not ask for one.

As i was just on my way to the Post office before he arrived, i continued on with my day and since i was going to the Post office i thought i might as well post off the V5 whilst i was there. Which i did.

When i got home a couple of hours later the car was gone. I stayed at my girlfriends last night and this was the text i woke up to this morning.

 

Him - Hello. I'v driven the car for about 30 miles and clutch slips when warm. Sorry i'm bringing it back. Wanted a car a don't instantly need to fix. Thanks. Mat.

Me - Hi Matt. I drove the car for 4400 miles and was never aware of the clutch slipping. I only stopped using the car as my daily driver on the 24th of May because I received a new van which I ordered 3 months previously. I did not sell the car with any known major problems. I gave you unlimited opportunity to inspect and drive the car on your own. I was honest and informed you of all the issues the car had. The car was sold as seen with no warranty implied or given. I can not accept the car car back as when you caught me going out yesterday I was on my way to the post office, so after you left I continued on my errand and posted off the V5 in your name.

Him -The car is on your drive the keys are your house. I'll call and see you monday after work. Thanks.

 

I returned home this morning to find the car on my drive (unlocked) all the paperwork inside and the keys through my door. When he took the car i had spent a day cleaning it inside and out. Now it looks like it has been driving through mud and had a dog sleep in it all night.

 

When the male inspected the car i did not usher him around it in anyway and let him get on with it. I also let him take it for an unlimited test drive on his own.

 

Sorry if i have waffled on a bit but i thought it best to get as much information down to start with.

[Conniff]

Welcome to the forum. If the car was clean and shiny when he picked it up, make sure you price a valet so that if you should take it back for some reason, you can deduct that from the price. How much mileage has he added ?

 

Check out the clutch by handbrake on, in 2nd gear, foot hard on the brake and clutch and using your right hand to press down on the accelerator to about 2,000 revs and slowly let the clutch up. It should stall the car.

[Rustyveedub]

I am starting a local business and the last thing i want to do is fall out with somebody in the same town as me. I sold the car with 6 months Tax and 6 months MOT for £400 to give somebody a run around for at least 6 months, I put £77 of tax on it on the 1st of this month. It has just over 79,000 on the clock and i'm going to guess he has done around 50 miles in it.

 

As far as i know the car is still his property, so i'm not going to mess with it. I drove the car for 8 months and 4,400 miles and didn't have a problem with the clutch. I am not a mechanic. Don't get me wrong it wasn't a new BMW but i told him of what i knew, as i didn't want this hassle but i have sent off the V5 in his name.

[Conniff]

In that case, and seeing as there is no comeback on you, move it off your drive onto the street.

[Conniff]

Have moved you into the General Motoring Issues section

[Rustyveedub]

Does he have any come back on me for the sale ? Am i correct in thinking that he is still the owner of the car ?

[Rustyveedub]

Have moved you into the General Motoring Issues section

Ok thanks.

[Conniff]

Yes he is the owner, he has paid for it and the DVLA have been notified of the change of ownership. The only comeback for a private buyer is it the car was misdescribed. If you said new clutch and it turned out not to be so then misdescribed.

[Conniff]

If you haven't heard back from the DVLA within 14 days, give them a ring to ensure they got the documents.

[Rustyveedub]

The clutch was never mentioned between us, as i didn't think it was faulty and he obviously didn't think so on the test drive. The car is taxed but i no longer have insurance for it, so i'm not sure where i stand as to leaving it on the road.

I'm worried that he wants to come to my house on Monday to demand his money back, offer violence or threaten me. Hassle is the last thing i want and want to avoid any situation that might lead to any hassle.

Edited June 8, 2013 by Rustyveedub
Don't want to give wrong impression about myself

[Conniff]

Don't respond to violence in any other way than to call the police.

[Rustyveedub]

Hassle/violence is the last thing i want and would avoid the situation at all costs.

[Rustyveedub]

Is it worth me sending him a text to tell him what my stand point is and asking to remove the car? It might save him coming to my house on Monday and save any escalation of the situation.

[renegadeimp]

Use letter sent by recorded delivery or email. Not a text. You need to get everything in traceable written format, should you need it for any reason.

[Rustyveedub]

Thanks. What points do i need to include in the letter? Obviously i'm not going to get a recorded letter to him before Monday afternoon.

[renegadeimp]

Keep the letter short and sweet. Keep it non confrontational, and non emotional. If you know where he lives, perhaps hand deliver it, or get a friend to do it.

[Rustyveedub]

How does this sound?

 

Names and addresses withheld.

 

Dear XXXXXXX

 

On Thursady 6th of June 2013 you viewed a car which i had privately for sale outside my house. The vehicle was a car with the registration of S421###. I gave you an unlimited and unsupervised inspection of the vehicle, followed by an unlimited test drive of the vehicle on your own.

You returned from the test drive and agreed to buy the vehicle the next day.

On the Friday the 7th of June 2013 you arrived at my home address stating "I'm still at work, i've told my boss that i need to go and buy a car. What i will do is pay for the car, take the keys and pick it up later". I agreed to this, you paid for the car in cash. I completed the V5 with a change of keeper in your name and we both signed it. I them filled out the new keeper supplement in your name and handed you this.

At 1538 hours on the same date, i posted the V5 to DVLA at my local post office. I know this because i posted a Special delivery latter at the same time.

When i returned to my home address on Friday the 7th of June 2013 the vehicle in question had been taken from my address.

On the morning of saturday the 8th of June 2013 i received a text on my mobile phone which stated 'Hello. I'v driven the car for about 30 miles and clutch slips when warm. Sorry i'm bringing it back. Wanted a car a don't instantly need to fix. Thanks Mat.

I have then returned home on the morning of Saturday the 8th of June to find the vehicle on my drive and the keys through the door.

 

I have owned the car for 8 months and covered 4,400 miles in it and had no problems with the clutch. I did not sell the car with any problems that i did not disclose to you. I gave you unlimited opportunity to inspect and drive the car on your own and did not pressure you to buy the car in anyway. The car was sold as seen with no warranty implied or given and you fully satisfied yourself with the condition before purchasing the vehicle.

We both signed the V5 with transfer of ownership to your name on the 7th of June 2013 and i posted this V5 to DVLA on the same day. As far as i am concerned the transfer of ownership of S421### into your name was completed on the 7th of June 2013 and i will not accept the vehicle to be returned.

 

Please remove the vehicle S421### which i consider to be your property from my driveway within 7 days of midnight tonight Saturday the 8th of June 2013 otherwise i will arrange for it's removal. You posted 2 keys to the vehicle through my door. I have included one of these keys with this letter to enable you to remove it from my property and have kept a key as i will have to move the car around my driveway due needing access to my garage and the delivery of building supplies. Once the car has been collected i will return the second key.

I hold no responsibility for the damage or loss of your property whilst it is on my property and urge you to collect it as soon as possible.

 

I have tried to keep it short but unable to do so as i'm so ingrained to getting all of the detail into letters. Please feel free to edit it at will. Is my plan sound or have allowed to much leeway?

 

Thanks in advance.

[renegadeimp]

Have you checked the clutch yourself to see if it is as the buyer described?

 

I'm thinking this is a simple case of buyers remorse but as usual, he;s trying to push it back on the seller.

 

Your letter sounds good, but do a few drafts so you dont miss anything out. Remember, short and sweet and to the point.

[Rustyveedub]

I'v'e had a quick go on the drive and can stall it pulling off in second. I'm not taking it out to get it warm as he states as i have no insurance and it is his car. I've had the car 8 months with no problems, if my van had been another month i would have been driving the car for another month or so.

 

I really do think he has slept on it and decided he didn't want it. I did not push the car on him and he had 24 hours to think about the car without leaving a deposit.

[Rustyveedub]

Since i did not get flamed for the letter being too long, i have added a couple more points. I have put them in bold.

 

Dear XXXXXXX

 

On Thursady 6th of June 2013 you viewed a car which i had privately for sale outside my house. The vehicle was a car with the registration of S421###. I gave you an unlimited and unsupervised inspection of the vehicle, followed by an unlimited test drive of the vehicle on your own.

You returned from the test drive and agreed to buy the vehicle the next day.

On the Friday the 7th of June 2013 you arrived at my home address stating "I'm still at work, i've told my boss that i need to go and buy a car. What i will do is pay for the car, take the keys and pick it up later". I agreed to this, you paid for the car in cash. I completed the V5 with a change of keeper in your name and we both signed it. I them filled out the new keeper supplement in your name and handed you this.

At 1538 hours on the same date, i posted the V5 to DVLA at my local post office. I know this because i posted a Special delivery latter at the same time.

When i returned to my home address on Friday the 7th of June 2013 the vehicle in question had been taken from my address.

 

On the morning of saturday the 8th of June 2013 i received a text on my mobile phone which stated;

'Hello. I'v driven the car for about 30 miles and clutch slips when warm. Sorry i'm bringing it back. Wanted a car a don't instantly need to fix. Thanks Mat.

 

I have then replied with a text message stating;

'Hi Matt. I drove the car for 4400 miles and was never aware of the clutch slipping. I only stopped using the car as my daily driver on the 24th of May because I received a new van which I ordered 3 months previously. I did not sell the car with any known major problems. I gave you unlimited opportunity to inspect and drive the car on your own. I was honest and informed you of all the issues the car had. The car was sold as seen with no warranty implied or given. I can not accept the car car back as when you caught me going out yesterday I was on my way to the post office, so after you left I continued on my errand and posted off the V5 in your name.'

 

To which you replied;

'The car is on your drive the keys are your house. I'll call and see you monday after work. Thanks.'

 

I have then returned home on the morning of Saturday the 8th of June to find the vehicle on my drive and the keys through the door.

 

I have owned the car for 8 months and covered 4,400 miles in it and had no problems with the clutch. I did not sell the car with any problems that i did not disclose to you. I gave you unlimited opportunity to inspect and drive the car on your own and did not pressure you to buy the car in anyway. The car was sold as seen with no warranty implied or given and you fully satisfied yourself with the condition before purchasing the vehicle.

We both signed the V5 with transfer of ownership to your name on the 7th of June 2013 and i posted this V5 to DVLA on the same day. As far as i am concerned the transfer of ownership of S421### into your name was completed on the 7th of June 2013 and i will not accept the vehicle to be returned.

 

Please remove the vehicle S421### which i consider to be your property from my driveway within 7 days of midnight tonight Saturday the 8th of June 2013 otherwise i will arrange for it's removal. You posted 2 keys to the vehicle through my door. I have included one of these keys with this letter to enable you to remove it from my property and have kept a key as i will have to move the car around my driveway due needing access to my garage and the delivery of building supplies. Once the car has been collected i will return to second key.

I hold no responsibility for the damage or loss of your property whilst it is on my property and urge you to collect it as soon as possible.

 

My position will not change and i can not see a reason for you to come and see me at anytime, only to collect the car from my drive.

[renegadeimp]

Check your own car/van insurance. You may have cover to drive other vehicles.

 

The funny thing here, is the seller said it's his car, yet he's left it on your property without permission. This gives you the right to remove it as you see fit. Also, if he refuses to let you test the car out so you can check the claim yourself, you need to be asking him why he wont let you check.

[Rustyveedub]

I haven't got cover to drive other vehicles on my insurance. To drive other cars on your own insurance policy the car has to be insured in it's own right anyway. That's not a risk i'm taking as i'm sure he hasn't insured it.

 

Shall i just leave the car outside my house. That way i don't have to move it or keep hold of a key.

[crem]

Check your own car/van insurance. You may have cover to drive other vehicles.

 

Even if you do have DOV cover on your current policy, this is usually only 3rd party. I wouldn't take the risk of any damage or mishap befalling HIS car by you driving HIS car on a public road.

[Rustyveedub]

I'm going to leave the car on the drive and the letter as it is, as when the Police cars go past they will pick up it has no insurance.

[renegadeimp]

I would just push the car on to the street and leave it there ( locked of course). If he doesnt collect it and he tries to cause a fuss, simply call the local police and tell them theres an abandoned car.