Private car sale, buyer demanding monies

[super6]

Not sure if this the right place of not.

 

I sold a car April 2023, I had owned and used the car for 6years, with no issues, the timing belt/water pump had been changed Oct 2020,

The car was sold via Ebay auction, I had put in the description that the car had the timing belt changed 2020 (120k) along with the clutch etc..... as these are

A: true and

B:good selling points.

The chap who won the car on Ebay came to collect, looked the car over test drove it and was happy with the vehicle and the sale was completed. (no bill of sale).

Unfortunately the timing belt failed on the car 3 months after the sale.

the buyer is claiming I lied about the belt been changed, unfortunately the only evidence I have is the invoice for the parts not for the fitting.

He sent pictures (which you can see its a non OEM water pump)

He has since sent me a letter claiming sales of goods acts etc.... and that I need to pay £650 within 14days .

whats my legal standing regarding this, I sold the car in good faith it was my daily driver for a long time and never had any doubt about its reliability.

I am a honest person and did not lie about the belt been changed, but its my word against his.

in his letter he has failed to include a the garage invoice or a breakdown of works done. likewise failed to provide quotes for the job etc...

[dx100uk]

you are a private seller

the remit of TINY applies.

Tough It's Now Yours.

 

[Ethel Street]

Sale of goods act and later law that has replaced it only apply to sellers who are selling as a business. If you are selling a car privately your main responsibility is to ensure that you describe and represent the car fairly and accurately and the car isn't unroadworthy when you sell it. If you did all that you have no liability to the buyer for what has happened since.

Just send a polite reply that you sold the car in good faith, that you are a private seller not a trader, and you will not be paying him any money, and will not be replying to any future letters from him.

Then ignore future correspondence unless it is an actual 'Letter before Action' or court documenmt.  If that happens come back here for advice.

[super6]

Thank you for your replies, I did describe the car fairly and honestly, but feels like its a my word against his word situation, I know the belt was changed but the only proof is my word and the invoice for the parts, you can see in the pictures its a non OEM water pump but that could be subjective, I understand he is angry with the situation, but I was honest about the car I was driving it daily and had zero concerns about it, I have tired to explain it was done and provided a copy of the invoice and highlighted the water pump is non factory and you can see the yellow witness marks from when the belt was changed and he has just been very unlucky.

I think the main problem is he has bought a 13yr old car for £1320 and he expects trouble free motoring and reliability you would get with a brand new car, end of the day its a £1320 banger.

he sent me a letter demanding monies and quoted the sales of goods act and claiming I only have 14days to reply I think he is trying to scare me into payment.

He failed to include the actual invoice from the garage, all he included was a copy of his bank statement, to show he had paid out £650, however this is to a persons name not a garage, (he wrote in pen saying garage owner). He has waited 5 weeks from paying the garage to contacting me as well.

 

[theberengersniper]

If he knew what he was talking about he could prove beyond doubt whether you had lied or not. Like tyres, timing belts are printed with their date of manufacture, so if he'd taken the time to investigate that, he would surely have found the belt's date of manufacture was after your car was built, and therefore the belt has to have been changed. The closer the belt's date of manufacture is to the current date, the stronger your proof the belt was changed recently. Combined with your invoice for parts, your position seems watertight, and that's not considering the fact of it being a private sale.

Has he given you an indication of what the £650 he wants from you is to cover? Obviously you wont be paying a penny, but I can't see £650 fixing it. In a modern engine (which your former car has, despite being 13 years old) a failed timing belt will almost certainly cause valve to piston contact, which will render the whole thing uneconomical to repair.

Edited to add: Failure of the belt material itself is actually not the most common cause of timing belt failure anyway. It's more likely to be caused by a roller bearing or belt tensioner seizing and causing the belt to fail through friction/heat.

Edited September 25, 2023 by theberengersniper

[Homer67]

Send one letter to advise the car was as described and sold in good faith and you will not be paying him any money and all further letters from him will be ignored.

This is a common scam on Ebay vehicle sales, don't get caught. If he did go to court he wouldn't stand a chance.