Alfa Romeo Forum banner

1 - 20 of 24 Posts

·
Registered
Joined
·
15 Posts
Discussion Starter #1
Hi, i sold my GT jtd over a month ago to a private seller. He test drove the car for a long time on different roads after inspecting the car first and after.He then agreed to buy the car for less than we had agreed and happily took it away. Anyway i have just received a letter via recorded delivery stating that he intends to take me to court unless i pay for the repair the car now needs. He states that he was very happy with the car for the first week or two, but found the car was smokey sometimes so took it to a garage who found that a hose had split on the intercooler. this was replaced and now he tells me the garsge have advised it may need a new turbo? So he wants me to pay the bill!! the car was utterly reliable the two years i have owned it. it has full alfa history and gave me no reason for concern. should i be worried?:confused:
 

·
Registered
Joined
·
44,669 Posts
Ignore him, he's trying it on. You have absolutely no liability once he's taken it away, after a month of ownership it's his problem.
 

·
Registered
Joined
·
7,154 Posts
Nope, unless you're a trader, you've got nothing to worry about. If I were you, I wouldn't even bother replying, I'd just ignore it.
 
J

·
Guest
Joined
·
0 Posts
I would respond to the letter, If you sold the car in good faith then you have nothing to be worried about. Just ignoring the letter would not be a good move and could possibly make it look like you have something to hide ... I would firmly and fairly detail what you have said above, inspecting and driving and stick to your guns and with the facts.

As for needing a new Turbo ... I'd be very surprised if that was the case. I know from my own experiences that other factors can suggest a new turbo is needed ... :)
 
J

·
Guest
Joined
·
0 Posts
Btw .... I'm not sure if this is in the correct place ......

Perhaps this thread should be moved to GAD or similar ...:D
 

·
Super Moderator
Joined
·
22,996 Posts
I agree with the above posts.

IF and only IF it was a genuine private sale then I would ignore the letter - even if he takes it to court (small claims) you have nothing to worry about. They would have to prove that you knew the hose was split before the sale but witheld the information. If his letter says he was happy for a couple of weeks such an assertion would be very hard to prove.

IF you are a trader but are asserting this was purely a private sale then that is an entirely different matter and we are entering murky legal waters. I do not know enough about the law to give a valid opinion if that is the case.

I have taken the liberty to move your thread btw - I think you will gain a wider audience here.
 

·
Registered
Joined
·
5,758 Posts
Heaven only knows why this guy thinks he can claim off a private seller. After a month and writing a letter like that he would struggle even if he had bought it from a trader on a sold as seen basis.
 

·
Registered
Joined
·
1,637 Posts
"When you buy privately, the law says that you have fewer rights than when buying from a trader. The principle of 'caveat emptor' or 'buyer beware' operates. You have no legal right to expect the goods to be of a satisfactory quality (although cars should be roadworthy, whether bought privately or not). You are entitled, however, to expect the car to be correctly described. So, if the seller had claimed that it was in 'excellent condition' for example, then you might have been able to argue misrepresentation."

The burden of proof would be on the buyer to prove that the car had faults known to you at the time of sale which you deliberately concealed in an attempt to defraud the buyer.

He doesn't have a leg to stand on - sounds like he drove it away and ragged it to the point where something broke and being a bit of a chancer is now trying to get you to pay for his lack of caution. So sad, never mind.
 
J

·
Guest
Joined
·
0 Posts
At the end of the day .....Its only a split hose .... £50 to buy & £10 quid to fit (if you can't or wont do it your self) .. the hose could have possible been 'on it's way' before the seller sold the car, with out the seller even knowing, to me this is a consumable part, something that Diesels are well known for using, again I say this from experience of my own car's .. :)

There is a good saying also .... 'Buyer Beware' ..... The way I see it ... He drove the car , Inspected the car .... He decided to buy the car ..... So ... the repairs should be down to the new owner ... He's probably just a little sore at the fact his car has 'broken' so soon after buying it...

As for the Turbo being chuffed ... again that is debatable .. But ... It's not your concern ... If this was a genuine private sale as has been mentioned above ..... :D
 

·
Registered
Joined
·
1,172 Posts
From what you've told us - ignore it.

If you have a solicitor (and you are bothered), get him or her to write a letter telling him to stop contacting you.
 

·
Registered
Joined
·
37,151 Posts
Ignore it.

Driving with a split hose could have caused the turbo damage, but then that is his fault for driving with a split hose..

Sold as seen, caveat emptor and all that as well.
 
J

·
Guest
Joined
·
0 Posts
From what you've told us - ignore it.

If you have a solicitor (and you are bothered), get him or her to write a letter telling him to stop contacting you.



I disagree ... ignoring it only add fuel to the (other persons) fire ...( I know what I'm like in such instances and the ostrich effect does not work all the time ) ... tackle it by your self ... state the facts ... :)

But we all have our own way's of dealing with things .. :)
 

·
Registered
Joined
·
7,154 Posts
I would ignore as it's not only a waste of time and money, it could potentially incriminate the op if he didn't word it correctly.
 
N

·
Guest
Joined
·
0 Posts
Next on AO:


"Hi I'm a newbie. I bought a GT second hand and after a couple of weeks
found out it had a split inter-cooler pipe and shagged turbo..."

:lol:
 

·
Registered
Joined
·
15 Posts
Discussion Starter #18
Thanks for the help..

:)Thanks guys, The general consensous is that as i thourght he has no come back, i read the direct gov web site and it states clearly that so long as i am not a trader which i am not then i am not liable..However i am disapointed that the car has let him down, it was utterly reliable for me, apart from the stupid windows which i was able to fix myself, thanks to this excellent site.
 

·
Registered
Joined
·
37,151 Posts
Just tell him the car was sold as working and in good faith.

You can't be responsible for things that go wrong after you have sold it. The new owner may have thrashed it to death for all you know.
 
1 - 20 of 24 Posts
Top