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-   -   Advice pls- Being threated with Court action over Ebay sale. (https://www.themgzs.co.uk/vb/showthread.php?t=22330)

daytona365 15-08-12 09:05 PM

Id stick to my guns too, private sale, sold as seen. Hes winding you up.....Stand your ground and dont give in.

talkingcars 15-08-12 09:05 PM

Also for a vehicle you must also always do receipts signed by buyer and seller as well as doing the V5. If the buyer is in a hurry - tough, they'll have to walk.

I normally prepare one beforehand - and it always clearly says "private sale, sold as seen, no warrantee", cover ones backside as they say.

Jay-ZS+ 15-08-12 09:34 PM

Cheers for all the advice guys, Ive put together a long email that documents everything but think I'm going to sleep on it and read it through tomorrow.

Ritchy 15-08-12 09:44 PM

dont worry about it, as ssaid he has probably done the same before and people get scared by court action, but id call his bluff on it tbh

guru 15-08-12 11:52 PM

Golden rule is not to enter into any protracted correspondence with him as you could inadvertently give him ammo to use. Having recently helped out with someone else's litigation you do have to tread carefully it's amazing what can be thrown back at you! I would send him an e-mail pointing out that it was a private sale therefore no warranty is applicable, and that he had adequate time to inspect the bike and he should have sought a qualified opinion if he wasn't happy. You then need to end it by stating that you now consider the matter closed and you will not enter into any further correspondence. If he then sends anything else keep it however don't reply.

I have had a similar situation with a BMW I sold a few years ago which broke down with a failed alternator on the blokes way home. I agreed to pay half of the cost of the part out of good will and sent him a cheque with a letter stating just that.

Anyway good luck, let us know what happens!

Jay-ZS+ 16-08-12 06:49 AM

Thanks for all the advice guys appreciate the support :)
Have sent him an email basically along the lines of what James and Dan suggested.

Phate 16-08-12 07:11 AM

Given the fact that he can barely spell or use basic English which when on a computer these days is inexcusable as it bloody tells you when you spell something wrong (my gf is heavily dyslexic but uses the spellchecker on the pc and is just fine) would straight away put me off him and the fact you've already willingly given away a load of money he's just trying his luck.

Tell him where to stick it, sold as seen, end of.

zsserbia 16-08-12 07:37 AM

The key point here is that he overheated it and now trying to take advantage of you for covering the expences of engine rebuild. He knows he can't cancel the deal now that damage is done so scaring you with court is his only option. As others have said you have more than enough to call his bluff imo...

p_b82 16-08-12 09:59 AM

TBH you have been more than fair - i would not have refunded him £500 at all but maybe offered him a couple of hundred only.

It sounds to me like he thrashed the nuts off it and fell off it!

Good luck with it - but i would wipe my hands of it as of now and do not correspond with him again.

sneekyparrot 16-08-12 01:45 PM

Man u have been more than accommodating, personally I would never of given anything past the £75. I have sold loads of bikes and cars but always always get a signed receipt !!!
Sold as seen and tested!

The moment he started to take it apart was total game over.

IMO stick arm out , twist wrist and extend middle finger c u in court!

Paul


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