Should I refund?

[Pugaree Member Find all posts View Profile Close Pugaree]

Thanks Kenny, I was hoping there was that sort of protection.

Thanks again Glen. The money was transferred on a phone app while I was looking and I have text confirmation. He had enough in his account to cover it. It is also pretty easy to prove he drove off in the car last night, he had two friends with him and my family was t
here as well. There is also a string of texts, one of which says he wants to bring the car back etc. I'm pretty sure I'm covered. I will get some legal advice on Monday.

Thanks again.

[nanbar Senior Member Find all posts View Profile Close nanbar]

A bit of help please.

I have just sold an old car, a 45 year old Daimler. I haven't misrepresented it and I believe I have been honest in every way, IThere was no hard sell, you either like it or you don't. I was also more than negotiable on price, I dropped from 6500 to 5000 because he showed promise that he would continue to look after it. He even spent two days researching and getting prices for the bodywork he wanted to fix up.

Anyway we've had a beer, transferred some money and he's told be how excited he was and all the plans he had. He's got the car home and two hours later he has rung me full of remorse and wanting a refund.

He is a young fella, may 23/24 and has had cars that he has done up for a profit before. He can't tell me why the cold feet all of a sudden. I told him he had buyers remorse, most people go through it, when they buy with emotion and try to justify with logic and told him to sleep on it. He has followed up with a text saying he will bring back the car in the morning and I can keep 300 for the mucking around.

My initial thought is, bad luck, you have done the research and I have been completely honest with the car and dropped my price because I was comfortable that it was going to a good home.

My dilemma is, should I take the car back? Or make him live with the decision?

Deals a deal, thats how the second hand private sale car market works. I wouldn't refund.

[kav Avid PP Poster! Find all posts View Profile Close kav]

Me , personally , I'd be checking every component of the car to make sure nothing has been removed , swapped or tampered with . Really . Bad luck kid , you bought it and it left the driveway unaccompanied . You now own it . I wouldn't have let it leave the driveway without the coin in my hand and the receipt saying sold with all faults if any . There are to many scammers out there .

[Pugaree Member Find all posts View Profile Close Pugaree]

Have started legal proceedings this morning.

[brocket99 Lurker Find all posts View Profile Close brocket99]

Have started legal proceedings this morning.

Nice, keep us updated

[wifecallsmegrumpy Member Find all posts View Profile Close wifecallsmegrumpy]

Have started legal proceedings this morning.

Why ? This kids a nob no doubt and has mucked you around considerably but at the start of this thread you were talking about giving him the money back (which it seems you don't have) and keeping the car. You didn't seem too fussed about it, and even commented on the regret for selling the car.

My advice is don't spend more emotional capital than it's worth. Sure we would all like to live in a world where a mans word is his bond and unethical dealings are swiftly dealt with but we don't. Don't get trapped seeking retribution.

* Edit - Unless you have the cash in hand, in which case that is sufficient proof of purchase and the deal is done. Come get your car jerkoff.

[Spilsy Avid PP Poster! Find all posts View Profile Close Spilsy]

The 2 times I have sold a car privately, I drew up some paperwork (with a template from the interweb) that basically said the sale is final (pending consumer law issues) and indicated the date the deal was done. Both the buyer and I signed and I had the document witnessed. While this is not technically a legal document, it is signed by both parties and will go a long way to protect you should legal proceedings be required.

This advice comes after the event, so its pointless, but could be a helpful hint for the future.

[Pugaree Member Find all posts View Profile Close Pugaree]

Well I have the cash in my account this afternoon, I have tried to contact him a few times today to resolve. I have now sent him a text asking him to remove the car from my property.

Thanks for the comments wifecallsmegrumpy, I agree about the emotional capital. The turnaround was the throwing of the keys on my door mat, running away and destroying the disposal document and not contacting me to discuss despite many efforts on my part to do so, that's when I decided not to compromise.

[Pugaree Member Find all posts View Profile Close Pugaree]

The 2 times I have sold a car privately, I drew up some paperwork (with a template from the interweb) that basically said the sale is final (pending consumer law issues) and indicated the date the deal was done. Both the buyer and I signed and I had the document witnessed. While this is not technically a legal document, it is signed by both parties and will go a long way to protect you should legal proceedings be required.

This advice comes after the event, so its pointless, but could be a helpful hint for the future.

Thanks, taken onboard. I actually thought we would be friends and I would be staying in regular contact with him, so the paperwork side wasn't all that important at the time. Lesson learned.

[BiLLz0r Advanced Member Find all posts View Profile Close BiLLz0r]

Well I have the cash in my account this afternoon, I have tried to contact him a few times today to resolve. I have now sent him a text asking him to remove the car from my property.

Thanks for the comments wifecallsmegrumpy, I agree about the emotional capital. The turnaround was the throwing of the keys on my door mat, running away and destroying the disposal document and not contacting me to discuss despite many efforts on my part to do so, that's when I decided not to compromise.

So you have a car and all his money.
Looks like you now hold the upper hand. They took the only evidence they own the car. Legally it's still yours and so is the money. If they fight why you have the money then they have to admit they bought the car. Keep the money until you've sold the car again I say.

[terry75 Lurker Find all posts View Profile Close terry75]

Just give him a couple days to cool down and realize he can't get his money back, but to be on the safe side, just update the police on the report you previously made. They should provide advise on what to do. Don't go down the legal path, you will end up spending all your cash for no result.

[ozimacca Member Find all posts View Profile Close ozimacca]

Perhaps you can send him a nice registered letter stating "thank you for the funds as full payment for vehicle XXX111, they are now cleared and in your account, the car is available for pick as soon as possible"

Please collect the car within 7 days from receipt of this letter.

I would also provide contact details to arrange pick up.

IMO by doing this I think it would greatly improve your position if things deteriorate as you have kept communication open and acknowledged receipt of payment.

[Dabeanian Member Find all posts View Profile Close Dabeanian]

Good point Ozimacca,
Keep us up to date Pugaree.
Cheers Alan

[Pugaree Member Find all posts View Profile Close Pugaree]

Perhaps you can send him a nice registered letter stating "thank you for the funds as full payment for vehicle XXX111, they are now cleared and in your account, the car is available for pick as soon as possible"

Please collect the car within 7 days from receipt of this letter.

I would also provide contact details to arrange pick up.

IMO by doing this I think it would greatly improve your position if things deteriorate as you have kept communication open and acknowledged receipt of payment.

Great advice, thanks but when he took the notice of disposal it had his address on it, which I can't recall and can't seem to track him through the white pages. I'll wait a few days and see if he comes to his senses.

[ozimacca Member Find all posts View Profile Close ozimacca]

Great advice, thanks but when he took the notice of disposal it had his address on it, which I can't recall and can't seem to track him through the white pages. I'll wait a few days and see if he comes to his senses.

A text would stand as evidence in your favour I assume, at least you tried, I would still try to be polite but firm.

Abuse could change an adjudicators view of you and in today's touchy, feely world the meek seem to get away with an awful lot.

If you have an electoral office nearby try this, you used to be able to go in there and look up the rolls, I tracked a bloke after 10 years. Took me about 15 mins to find him, he was gob smacked when he got my letter