Need advice
- Thread starter Transform_IT
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- 18 Oct 2012
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I'm happy to ignore. I shall block now.
You said you already blocked him. That's why I was confused at how he contacted you again.
- Joined
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Facebook Marketplace messenger.
- Joined
- 18 Oct 2012
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Just had this message from another number:
Hi, I’ve composed this message with hopes that we come to a resolution between ourselves and not have to take matters further.
Firstly, when inspecting the vehicle we noticed the body work was rough and it was in a previous accident which I accepted and negotiated a price to factor the body work condition NOT any mechanical issues. When we finished our local test drive I specifically asked you why the car was idling rough, as if it was misfiring. You assured me it was because the valvetrnoic motor was changed recently and this needed settling in. I took your word out of trust but then double checked this with the specialist mechanic as the misfire has been getting worse and he said you’ve pulled the wool over my eyes as the misfire/rough idle has nothing to do with the valvetronic motor. It’s actually diagnosed to be spark plugs and coils packs as an initial fix… if the problem still persists it will need further diagnosis.
Secondly, as soon as I drove the car onto the motorway to get home I contacted you immediately to say the car was vibrating and not driving right at all. You said it is definitely just the tyres that needed changing so I took your word yet again and changed the tyres. This was an expense from my side which again I accepted but it’s not fixed the vibrations as that leads back to the misfire of the engine and rough idle.
Thirdly, you said I drove the vehicle with no coolant…this was never said so I don’t know where you’ve heard this. What I did say was the coolant tank was leaking and needed to be replaced because it was losing pressure from the leak causing it to bubble up inside. I’ve got a video to illustrate this. Again I replaced this at my own expense.
Last but not least, after diagnosing the car by 2 professional mechanics, one of them being a specialist they have both said the turbo seals are leaking oil which will require replacement turbos as this seal cannot be fixed. If you want further information then please feel free to contact any mechanic or bmw specialist and ask what is the fix to an oil leak in the turbos….this repair is going to cost around £2000 alone hence why I asked you to cover at least half of the repair cost when in reality you should cover the full repair or provide me a refund within 30 days of purchase, this is under the Consumer Rights Act 2015.
Consumer Rights Act 2015
If you’ve bought your used car from a dealership and find a fault with the car within the first 30 days of purchase, take a look at the “short-term right to reject” rule in the Consumer Rights Act 2015.
All I’m asking for is a £1000 contribution to wards the repairs. My original offer made was £15,000 so by contributing £1000 it will mean the car was bought for my initial asking price and any further problems or expenses I will not bother you with at all. I am even willing to
offer, If you need to make 2 instalments of £500 that’s fine I can understand because I know you are going through home renovations. I feel this is more than reasonable as the seller I. This case yourself has the duty of care to cover full cost of repairs or refund the buyer and take the car back UNLESS the car was sold UNFIT for purpose which it was not! I know my rights and I don’t like being taken advantage of, I had full trust in you and this trust was broken from the beginning.
I hope you can do the right thing and accept the above resolution and call this a day. If you don’t want to hep or provide a resolution then we can alternatively take the matter to court which is the last thing I’d like to do because you seemed a genuine fella.
A Shaikh.
#####
Thoughts? Block this new number? This was a private sale, I am not a trader.
Hi, I’ve composed this message with hopes that we come to a resolution between ourselves and not have to take matters further.
Firstly, when inspecting the vehicle we noticed the body work was rough and it was in a previous accident which I accepted and negotiated a price to factor the body work condition NOT any mechanical issues. When we finished our local test drive I specifically asked you why the car was idling rough, as if it was misfiring. You assured me it was because the valvetrnoic motor was changed recently and this needed settling in. I took your word out of trust but then double checked this with the specialist mechanic as the misfire has been getting worse and he said you’ve pulled the wool over my eyes as the misfire/rough idle has nothing to do with the valvetronic motor. It’s actually diagnosed to be spark plugs and coils packs as an initial fix… if the problem still persists it will need further diagnosis.
Secondly, as soon as I drove the car onto the motorway to get home I contacted you immediately to say the car was vibrating and not driving right at all. You said it is definitely just the tyres that needed changing so I took your word yet again and changed the tyres. This was an expense from my side which again I accepted but it’s not fixed the vibrations as that leads back to the misfire of the engine and rough idle.
Thirdly, you said I drove the vehicle with no coolant…this was never said so I don’t know where you’ve heard this. What I did say was the coolant tank was leaking and needed to be replaced because it was losing pressure from the leak causing it to bubble up inside. I’ve got a video to illustrate this. Again I replaced this at my own expense.
Last but not least, after diagnosing the car by 2 professional mechanics, one of them being a specialist they have both said the turbo seals are leaking oil which will require replacement turbos as this seal cannot be fixed. If you want further information then please feel free to contact any mechanic or bmw specialist and ask what is the fix to an oil leak in the turbos….this repair is going to cost around £2000 alone hence why I asked you to cover at least half of the repair cost when in reality you should cover the full repair or provide me a refund within 30 days of purchase, this is under the Consumer Rights Act 2015.
Consumer Rights Act 2015
If you’ve bought your used car from a dealership and find a fault with the car within the first 30 days of purchase, take a look at the “short-term right to reject” rule in the Consumer Rights Act 2015.
All I’m asking for is a £1000 contribution to wards the repairs. My original offer made was £15,000 so by contributing £1000 it will mean the car was bought for my initial asking price and any further problems or expenses I will not bother you with at all. I am even willing to
offer, If you need to make 2 instalments of £500 that’s fine I can understand because I know you are going through home renovations. I feel this is more than reasonable as the seller I. This case yourself has the duty of care to cover full cost of repairs or refund the buyer and take the car back UNLESS the car was sold UNFIT for purpose which it was not! I know my rights and I don’t like being taken advantage of, I had full trust in you and this trust was broken from the beginning.
I hope you can do the right thing and accept the above resolution and call this a day. If you don’t want to hep or provide a resolution then we can alternatively take the matter to court which is the last thing I’d like to do because you seemed a genuine fella.
A Shaikh.
#####
Thoughts? Block this new number? This was a private sale, I am not a trader.
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"Please feel free to contact trading standards to exercise your right to reject the car.
Yours sincerely,
*Your name*
Not A Used Car Dealer"
That said if their comments regarding the misfire and your statement about the cause is true it does put a different spin on things. They may feel that the car was misrepresented at the point of sale.
Oh, and just in case it wasn't clear, my suggested reply was a joke, don't engage in any more dialogue with them.
Yours sincerely,
*Your name*
Not A Used Car Dealer"
That said if their comments regarding the misfire and your statement about the cause is true it does put a different spin on things. They may feel that the car was misrepresented at the point of sale.
Oh, and just in case it wasn't clear, my suggested reply was a joke, don't engage in any more dialogue with them.
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The car wasn't misfiring. When idling from cold the revs would bounce slightly. He asked what this was. I was told by my mechanic who changed the valvetronic motor, it needs to bed in and needs a good run and for the engine to learn. This was work which I had carried out in May and I had no reason to question this. Since then it had done 40 miles, so I didn't think this was enough to bed in. There was no smoke or loss in coolant. And the car was test driven hard by the buyer for 20mins, 10 mins by me and left idling for 20-30 minutes over 2 separate days. At no point was there any concern and the only feedback he gave was, the car is mechanically sound, however he is concerned about the bodywork, which he then made an offer of £15,000. I refused, but said I would sleep on it. The following day I asked for £16,500 and we met and agreed at £16,000.
Yer I wouldn't entertain him at all. It's not up for discussion as you're not a dealer, all those checks should have been done before he handed over the money. Sold as seen end of. Appreciate your concern as he knows where you live, sounds like you're moving soon though hopefully 
So you told him that in good faith. At the end of the day you aren't a used car dealer or an M4 expert so you've represented the car as honestly as you can.
You've spent enough time dealing with them. I'd not engage in conversation with them again and let them pursue their dead end right to reject if they really want.
Consumer Rights Act 2015
If you’ve bought your used car from a dealership.
end of you are a private sale , he is trying it on. my son bought a car from wales (3 series) the engine failed literally at the end of the guys road, he still had to get it recovered home and swallow the repair costs.
you buy private you take the risk.
honestly if you give this guy even a inch he will keep on coming back.
If you’ve bought your used car from a dealership.
end of you are a private sale , he is trying it on. my son bought a car from wales (3 series) the engine failed literally at the end of the guys road, he still had to get it recovered home and swallow the repair costs.
you buy private you take the risk.
honestly if you give this guy even a inch he will keep on coming back.
Lol quoting the Consumer Rights Sct when you've made a private sale. All your obligation is to sell it "as described" - this becomes very difficult for him because he inspected the car prior to sale. So he was happy it was "as described" at the point of sale.
And saying you "have a duty of care" to fix the problems lol.
See, this is what I was saying - you block these people. You block them and don't reply to them or enter into conversation. I could tell almost immediately over an internet forum that you're someone who could be corralled into responding and eventually giving in - this guy has met you so he sure as hell knows that.
I'll repeat for crystal clear clarity. You block. You delete. You don't reply.
If he texts or calls you from a new number - you block, you delete, you don't reply.
If he sends you a email - you block, you delete, you don't reply.
If he sends you a letter - you bin, you recycle, you don't reply.
It's simple. He's a chancer. He's done this 1000x times before. He's trying to make the easiest grand of his life.
And saying you "have a duty of care" to fix the problems lol.
See, this is what I was saying - you block these people. You block them and don't reply to them or enter into conversation. I could tell almost immediately over an internet forum that you're someone who could be corralled into responding and eventually giving in - this guy has met you so he sure as hell knows that.
I'll repeat for crystal clear clarity. You block. You delete. You don't reply.
If he texts or calls you from a new number - you block, you delete, you don't reply.
If he sends you a email - you block, you delete, you don't reply.
If he sends you a letter - you bin, you recycle, you don't reply.
It's simple. He's a chancer. He's done this 1000x times before. He's trying to make the easiest grand of his life.
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'Please stop contacting me. You examined the car in great detail and had every opportunity to walk away. You decided to negotiate and I accepted a lower value for the car. Now that the V5 has been transferred I have no further responsibility for the car as the sale was a private one and not covered under ANY Consumer rights legislation. Please do not contact me any further. Any further contact will be considered harassment and I shall be speaking to the Police regarding this'
Or, more simply, 'stop messaging me. The Vehicle was sold as seen'.
For giggles offer to buy it back, but it now has more miles and one more owner and also has issues with the paint too and offer him £13k.
From Which.co.uk:
If buying from a private seller, you have fewer rights. This means that as long as the car was accurately described, you won’t be able to claim a refund.
Or, more simply, 'stop messaging me. The Vehicle was sold as seen'.
For giggles offer to buy it back, but it now has more miles and one more owner and also has issues with the paint too and offer him £13k.
From Which.co.uk:
Traders and private sellers
If you bought from a trader, you’re covered under the Consumer Rights Act and the standard timeframes.If buying from a private seller, you have fewer rights. This means that as long as the car was accurately described, you won’t be able to claim a refund.
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@Transform_IT
This is all you need to say. If you’ve genuinely sold the car in good faith and allowed a proper inspection and test drive the buyer has no leg to stand on. In court it will be your word against theirs. As stated above, if you are not a dealer or an M4 expert it’s not reasonable to expect that you’ve got specialist knowledge and have somehow pulled a fast one.
If you’ve knowingly sold the car with undeclared issues, then you are in a more difficult situation. This is challenging to prove and it sounds like the buyer had ample opportunity to inspect and test the car.
Consumer rights act, lol. /Gets popcorn out and waits for thread asking advice about how best to fix broken knees.
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My concern is I will all of sudden get a bang at the door with a group of hoodlums waiting outside or a letter from the small claims court, despite me advertising the car properly. I have no doubt the Small Claims Court will favour the seller, however, it's just a whole waste of my times and theirs.
Any Lawyer will advise not to proceed with the claim. Any Judge, unless you have seriously or intentionally misrepresented the car, will laugh at the buyer trying it on. Stop communicating with him. It's HIS problem now.
You're dangerously close to falling for the scam he's playing...
Do you realise how many times a day this stuff happens? Thousands, literally thousands. He inspected the car, he bought the car and then complained it needed turbos changing and everything else.
The fact you entered into conversation with him is the reason he's persisting - because he knows you're the type of person to crack under a bit of pressure and give in.
Aside from paying £16k for an M4, if he wanted a warranty, he should have paid £25k for one from a dealer. Or bought a third party warranty.
You are not a dealership and you are not a warranty company. He will accept this (as he already knows you owe him nothing) if you'd just stop messaging him.
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Well, I'm about to move house, so have a new address. Previous address was temporary. So, hopefully he will get the hi t with me ignoring and blocking the calls and he doesnt have my new property details.
There you go then, no issues with him turning up at your door or indeed being able to send small claims papers anywhere. Radio silence.
The fact he's quoted the CRA including the bit about buying from a business and thinks it's applicable means he's an idiot or thinks you are.
I get the concern but likewise you have their address. The tone of the message is "I'll sue you" not "I'll send the boys round". It is very easy to say from the other side of an internet forum but try not to let it play on your mind and forget it.
Honestly, it is no wonder that nobody wants to sell a car privately anymore with so many chancers out there. It's a shame because of the three cars I've ever bought the two private sales were a much better experience than buying from a used car dealer.