what to do....can anyone help???

what to do....can anyone help???

Author
Discussion

little one

Original Poster:

9 posts

172 months

Thursday 30th December 2010
quotequote all
Hi new to this so please be patient with me....... my son sold his car a month ago.....we thought it was a straight forward sale but now the person who bought it says the engine isnt the correct one......we sold the car as we got it and in fact had a gearbox and drive shaft fitted for it, we had work done on the car and all the time we believed it to be a 1.1.......in fact deep down i stil believe it is a 1.1 however she says its not its a 1.6 amd now want her money back........plus fees from the garage...... where do we stand on this we no longer have the cash and stand by what we say that the car is a 1.1. she is threatening legal action i just dont know what to do.

edo

16,699 posts

277 months

Thursday 30th December 2010
quotequote all
Private sale. They don't stand anywhere as long as you didn't knowingly lie. They had the opportunity to check the car over, so I don't think they have much of a case.

pincher

9,269 posts

229 months

Thursday 30th December 2010
quotequote all
Stand by for loads of posts mentioning 'Caveat Emptor' biggrin

Firstly, I presume you sold it privately? Secondly, why does the new owner think it is a 1.6 and thirdly, what is on the V5?

thinfourth2

32,414 posts

216 months

Thursday 30th December 2010
quotequote all
Private sale

Tell her to go swivel


Frederick

5,731 posts

232 months

Thursday 30th December 2010
quotequote all
What car is it?

750turbo

6,164 posts

236 months

Thursday 30th December 2010
quotequote all
little one said:
Hi new to this so please be patient with me....... my son sold his car a month ago.....we thought it was a straight forward sale but now the person who bought it says the engine isnt the correct one......we sold the car as we got it and in fact had a gearbox and drive shaft fitted for it, we had work done on the car and all the time we believed it to be a 1.1.......in fact deep down i stil believe it is a 1.1 however she says its not its a 1.6 amd now want her money back........plus fees from the garage...... where do we stand on this we no longer have the cash and stand by what we say that the car is a 1.1. she is threatening legal action i just dont know what to do.
Caveat Emptor....Buyer Beware....

I believe there has been similar here before smile

750turbo

6,164 posts

236 months

Thursday 30th December 2010
quotequote all
pincher said:
Stand by for loads of posts mentioning 'Caveat Emptor' biggrin

Firstly, I presume you sold it privately? Secondly, why does the new owner think it is a 1.6 and thirdly, what is on the V5?
OI! smile

little one

Original Poster:

9 posts

172 months

Thursday 30th December 2010
quotequote all
hi its a peugeot 206 1.1 style the log book shows it as a 1.1, we bought it back in april as a 1.1 and we didnt check it however we had a ecu bought for it as that went as soon as we got it and a drive shaft and gerabox....all bought for a 1.1 and all went on the car with no probs.......the new owner says its a 1.6 cos apparently the mechanic fitted a new timing belt and has said its a 1.6............... she had the log book here plus the mot when she bought it but now says its a 1.6 and gonna go to court as we mis sold the car and the ad was wrong.......the ad was on ebay and the details went on via the reg number but in the end she asked to end auction early for cash and so car not actually sold via ebay.

Defcon5

6,361 posts

203 months

Thursday 30th December 2010
quotequote all
Did you ever drive the car? The 1.6 has nearly twice the power of the 1.1, it would be hard not to notice that!

Fatman2

1,464 posts

181 months

Thursday 30th December 2010
quotequote all
Defcon5 said:
Did you ever drive the car? The 1.6 has nearly twice the power of the 1.1, it would be hard not to notice that!
+1

It would definitely have been obvious driving it and when filling up at the pump. The difference in fuel consumption should've been significant.

vrooom

3,763 posts

279 months

Thursday 30th December 2010
quotequote all
Thought anyone would be happy with extra power

STW2010

5,839 posts

174 months

Thursday 30th December 2010
quotequote all
The gearbox and driveshaft have nothing to do with the engine size, so obviously you haven't done anything to impact the engine size from the 1.1 you bought and the car you sold.

From what I gather they are going on the words of a mechanic, who may or may not be wrong. Either way, you advertised it as a 1.1 engine, they viewed it and noticed nothing- they had the V5 and the MOT both of which state '1.1'. So tell them to fk off.

I reckon what has happened is that the mechanic did the work, told a horror story and they have decided that they don't want the car anymore and are clutching at straws. You are well in your rights to refuse to even speak to them, so DO NOT GIVE A REFUND

hardcorehobbit

1,103 posts

207 months

Thursday 30th December 2010
quotequote all
Frankly, let the woman keep at it.

She'll eventually get bored, or realise that what she's doing is pointless.

I reckon the mechanic is talking rubbish frankly, since you know the work you had done was for a 1.1.


As others have said, she has no comeback if you didn't knowingly lie. Presumably, you have a reciept stating sold as seen etc...

GarryA

4,700 posts

176 months

Thursday 30th December 2010
quotequote all
Get the engine number checked.

Jem0911

4,415 posts

213 months

Thursday 30th December 2010
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You did everything correctly.
IE nothing wrong so they would have to prove you knew it's (if it is) a 1.6

Tell them you will see them in court.
Any decent lawyer will advise them against persuing the case.

2 sMoKiN bArReLs

30,934 posts

247 months

Thursday 30th December 2010
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Do you have the bill of sale for his original purchase of the car? (just to back up your belief)

TRUENOSAM

763 posts

182 months

Thursday 30th December 2010
quotequote all
If you belivied it was a 1.1 and the V5 states that then you cannot possibly expect that to hold up in court. How where you to know what displacement the engine?

But I agree a 1.1 and a 1.6 is a massive difference in performance and effecincy

Also this information is due to a mechanic alledgedly fitting the correct belt. Whats to say the belt is incorreclty packed

2 sMoKiN bArReLs

30,934 posts

247 months

Thursday 30th December 2010
quotequote all
Old enough for an mot? What cc do they say. Is the engine number same as that on v5 that states cc?

little one

Original Poster:

9 posts

172 months

Thursday 30th December 2010
quotequote all
yes receipt which both she and my son signed and each have a copy of says sold as seen pug 1.1 reg etc no warranty implied or given. she has given us til 4th jan to go and collect the car and pay the mechanic fees or she will take us to small claims court for "misrepresentaion in the advert" making us "legally bound to reimburse" and has said that we may incur storage chrages from the garage as well.
not sure whether to just ignore her and see what happens or ring her and say you had the chance to check the car over, she had the v5 and she took it for a test drive....she also drove the car nearly 200 miles to her house and it was 3 weeks before we got the letter.

thinfourth2

32,414 posts

216 months

Thursday 30th December 2010
quotequote all
Tell her you will meet her in court

Then phone plod and report her for driving uninsured as it's a 1.6 but insured as a 1.1. The idiot will blab to the cops as she believes it is your fault which it isn't and she will talk herself into 6 points and fine. She will then take you to court and lose.

Job done