Advice about small claims on a private car due to bad paint.

Short of a recording of the conversation or a statement from him that it took place, you've got more chance of proving Jesus was a Goat.


Put it down to experience, never view a car in poor weather and personally, if I was viewing a car that wasn't clean prior to me viewing it, I think I'd walk away! To me, it says a lot about the owner if he can't be bothered to make it presentable prior to sale.

That said, I sold a car recently, spent the previous day cleaning and polishing the outside and hours on the inside, the guy who bought it viewed it at night, in the rain with practically no lighting on the street and didn't even ask for a test drive!
 
Scania said:
Short of a recording of the conversation or a statement from him that it took place, you've got more chance of proving Jesus was a Goat.
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"He also claims he has never noticed the bubbles before and reassures me the car hasn't had paint. This is in the form of a text message if it helps at all."

Well presumably he has a text message, from the seller, saying the car has had no paint. However, that's come after the sale to clarify an earlier conversation during the sale.
 
OP you just have to ask yourself this question:

Can you comprehensibly prove that he knew it had been extensively re-sprayed AND that you asked him whether it had been re-sprayed AND that he lied to you with his answer (ie he said it was not re-sprayed)?

If the answer is no, then I wouldn't even think about taking it to court.
 
Probably won't get anything via small claims. I'd threaten it though and offer him a way of not going through it by paying 50% of the repair.
 
∆ Hmmm mechanically maybe. But being paint work, any average Joe can tell if the paint work is pants.

Pretty sure any small claims will say it is the buyers problem for not looking over the car properly (exterior). Rain or no rain.
 
Kenai said:
"He also claims he has never noticed the bubbles before and reassures me the car hasn't had paint. This is in the form of a text message if it helps at all."

Well presumably he has a text message, from the seller, saying the car has had no paint. However, that's come after the sale to clarify an earlier conversation during the sale.
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The text bit I hadn't spotted, but I still reckon the chances of any worthwhile outcome are slim to none, not that I agree with such an unscrupulous attitude from the seller.
 
You'd be surprised what county court judges will rule on.

If you can prove he knew and lied then for £70 I'd be filling in a moneyclaim form right now.

Have you taken screenshots of the forum though. Just in case he can get the posts deleted
 
mattyg said:
You'd be surprised what county court judges will rule on.

If you can prove he knew and lied then for £70 I'd be filling in a moneyclaim form right now.

Have you taken screenshots of the forum though. Just in case he can get the posts deleted
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It's balance of probabilities not beyond reasonable doubt anyway, for small claims court
 
mattyg said:
You'd be surprised what county court judges will rule on.

If you can prove he knew and lied then for £70 I'd be filling in a moneyclaim form right now.

Have you taken screenshots of the forum though. Just in case he can get the posts deleted
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Those screenshots dont indicate that it DID have a paint job though, just that the owner was looking into it (and I would too if the paint were in that condition).

He may have decided to sell instead of fixing it

[Edit] Didnt read the screenshot properly :o
 
You say you got a fair chunk off his asking price, why not just use that money to tidy it up and move on. If he has anything about him you will get absolutely nowhere I'm afraid.
 
Hi guys thank you all for the replies.

I didn't come into this fully expecting to go to court and win loadsa money or anything like that, just wondered where I stood being unsure of legalities.

I don't think on reflection small claims would get me anywhere but I am likely to try and pressure him somewhat and take a chance, he may well tell me to get gone but worth a go and I'll of course keep it entirely amicable... worth a go.

If not, 1k it is to put it right, if I could get him to pay half then that would have course be good. Rybo I think a thousand quid isn't a "cheap job" if done in a well respected bodyshop? As said that'd not include painting the roof, bootlid, back bumper as they are fine.

I absolutely do agree I take some blame here do not think for a second I don't feel stupid for rushing it due to time and effectively ignoring the weather as this is the first car I've bought out of ten to which I've had an "issue" with... but my bad as well I'm the first to hold my hands up there, as my OP states. But on the flip side I tried to show the seller I was genuinely interested and on the basis of taking it that day it was down to the paintwork being issue free.

Obviously pre-viewing I asked about the paintwork, any issues, scratches, dents etc. To which he said none. I didn't ask if it had seen any fresh paint since it left the factory. Then viewing the car he was well aware I was ready to walk and again verbally I asked about paintwork, any issues/problems/dents/scratches... again he claimed all was good and nothing to note of major issue.

Then once cleaned/dried the microblisters were apparent as described and a poor bumper repair, rattle canned etc. I again asked has this car ever seen paint and has the bumper been repaired and again he said no to both, just some "common laquer peel" on the front bumper, which is actually a bad repair with sunken filler. As said though this is post sale.

Anyway thank you all for your help and opinions, I just wanted to know where I stood, I understand it is how it is with a private sale, which is why I ALWAYS write the buyer a clear receipt stating no warranty, no returns, sold as is and sold as seen. The seller of the Focus didn't give me a receipt.

I shall let you know when I have spoken to him. I was going to call but wondering wether to text so it's in "black and white" and yep I've taken screenshots of anything useful from the STOC.
 
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Looking at it from a more positive point u got the car quite cheap considering it's an ST3 with remap and receipts so even if he gives u £500 to cover half u have still only ended up paying what a car dealership would have wanted for it.
Should text him saying it needs a full respray and that if he doesn't go half your taking him to court. He will probably giv u £500 back for it to save all the bother.
 
I really think you need to enjoy the car and move on. If it's that much of a problem then maybe look at selling the car and buying a cleaner example? You might take a small hit as it will be suspicious that the car has changed hands recently but if you'll never be happy with it then why keep it.

It seems to me like this is a waste of your time given the lack of recourse for a private sale.

Let's face it, we have all sold cars with small issues that could do with being rectified depending on how picky the new owner is. It's a part of buying a new car privately.
 
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As its a private sale and you viewed and had the opportunity to inspect the car before purchase I doubt you will get anywhere tbh.

If you go to court they will be more interested in why you did not inspect the car before purchase or have it inspected by a proffesional. Unfortunately anything after you have purchased will not be of much use.

Hope it works out.
 
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