P38A It's come back to haunt me

AP90 · Dec 1, 2015

Hi Guys
I sold my 2001 DHSE P38 on Ebay back in October https://www.landyzone.co.uk/land-rover/2001-p38-dhse-for-sale.289321/
I had spent a fortune on the car around 6K sorting out the usual P38 issues and bringing the car up to spec
The car sold for £2100.00
The new owner has come back to me requesting £1300 of repair of the Cylinder head which he tells me was faulty and I had tried to cover up the fault using Radweld as such I had misrepresented the car.
Now I did put some K seal in the system but only to cure a tiny leak that appeared to be coming from the water pump shaft but only when the car was cold.
I used the car all the time as my daily driver and never had any problems with the engine
There is no way I'd sell a duff car, in fact I spent a lot of dough and effort making the car good for sale.
I don't want to rip anyone off, but it appears my P38 is costing me money even after I sold it
I have written to the guy and left a message on his answerphone but he hasn't come back to me
He says he will take me to small claims court........
I haven't sold an older car for many years so not sure where I stand
Anyone have any suggestions

Ash

top drive · Dec 1, 2015

private sale ?

did he test drive it and inspect.

if so he can swivel .

Caveat Emptor

ER1C · Dec 1, 2015

Well, If he had a problem with the car he should have came back to you ? Did he have it repaired already ?

Its second hand sold as seen.. Anything you sell has to be fit for the purpose it was sold for....which you say it was (within reason). It was sold 2 months ago...

Radweld prevents future leaks so you put it in there as a preventative measure....and to resolve a minor leak.

I wouldn't worry, let him take it to court and just be honest... if you didn't know it had these issues you don't have a problem...

AP90 · Dec 1, 2015

Hi

Yes he had a good drive around and fully checked it out before actually buying it

I and I would have let him AA/RAC inspect it and that was in the ad too

I had to wear all the problems that came with the car, but I understand he must be well P'd off

gargoyle · Dec 1, 2015

There is a recent thread on the pistonheads website covering a similar scenario. It is on the Speed, Plod & the Law section. It is worth a read as the poster has advice from a Barrister.

domino · Dec 1, 2015

Sod that - he bought it, was happy to part with cash.. and now it's developed a problem and expects you to pay?

Nah.

TAKdriver · Dec 1, 2015

AP90 said:
Hi Guys
I sold my 2001 DHSE P38 on Ebay back in October https://www.landyzone.co.uk/land-rover/2001-p38-dhse-for-sale.289321/
I had spent a fortune on the car around 6K sorting out the usual P38 issues and bringing the car up to spec
The car sold for £2100.00
The new owner has come back to me requesting £1300 of repair of the Cylinder head which he tells me was faulty and I had tried to cover up the fault using Radweld as such I had misrepresented the car.
Now I did put some K seal in the system but only to cure a tiny leak that appeared to be coming from the water pump shaft but only when the car was cold.
I used the car all the time as my daily driver and never had any problems with the engine
There is no way I'd sell a duff car, in fact I spent a lot of dough and effort making the car good for sale.
I don't want to rip anyone off, but it appears my P38 is costing me money even after I sold it
I have written to the guy and left a message on his answerphone but he hasn't come back to me
He says he will take me to small claims court........
I haven't sold an older car for many years so not sure where I stand
Anyone have any suggestions

Ash

How did you describe it in your selling advert ?
I don't mean in general terms but each specific line of the description e.g. if you said anything like " fully restored " or such like it might be important.
Find your advert , copy it and keep it.
If this looks like it's going anywhere ask for his expert report : do it before it gets to court.
I'll leave it at that.

Saint.V8 · Dec 1, 2015

Try and contact Fanatic (member here on LZ) he is pretty clued up on such matters and maybe could advise.....

Sold as seen if it was a private sale.....

Trust you got a signed 'reciept' stating sold as seen?

biggeeeee · Dec 1, 2015

Who's to he didn't rag it and found he had bu66ered up the head an added more Radweld?
He's playing silly.

brianp38dse · Dec 1, 2015

Its a fourteen year old motor he can bugger off, anything could of happened since he bought it.

norseman · Dec 2, 2015

Agree with all replies
I'll score the buyer 10 out of 10 for effort
0 out of 10 for results
Obviously a try-on, can't see he has a legal leg to stand on.

danb79 · Dec 2, 2015

http://www.which.co.uk/cars/choosin...r-privately/your-rights-and-responsibilities/
and from the aa..
If you buy privately, it's a case of 'Buyer Beware'. You won't have the same legal protection as you would if buying from a dealer and it's up to you to ask the right questions and inspect the car thoroughly before you buy. It's a good idea to get an independent engineer to give the car a thorough mechanical inspection, and to get a car history check to make sure there's no shady past.

Because your legal rights are more limited, unscrupulous dealers may masquerade as private sellers: be very wary if a private seller wants to meet you somewhere other than at their home, or if their name is not on the V5C registration document. A dealer pretending to be a private seller is committing a criminal offence.

The only legal terms that cover a private sale contract are:

the seller must have the right to sell the car
the vehicle should match the description given by the seller
the car must be roadworthy - it is a criminal offence to sell an unroadworthy car and an MOT certificate from a test several months ago is no guarantee that the car is roadworthy today.

I'd tell him to go take a running jump!!

AP90 · Dec 2, 2015

Thanks Everyone

I do feel bad as he was a good bloke, but about a week before he picked it up I had a really long stop start journey down to Devon the after the A38 a really hilly painful journey to East Prawle which gives any vehicle a major workout and there was no sign of any issues with the engine, surely something would've cropped up then??

He did say he'd had P38's before and knew a bit about them

My P38 was a bit of a money pit, but I really thought I'd covered everything...........I hope this can be resolved outside a court

I'm a bit stressed out after reading the thread Gargoyle sent me to !!

Thanks again

Bladerunner919 · Dec 3, 2015

If you sold the car in good faith, you have a clear conscience. I'd advise against writing to him any more or leaving any more answerphone messages - all it takes is for someone to misinterpret something you've written or said and you could land yourself in it. I'd ignore him, to be honest.

AP90 · Dec 3, 2015

OK thanks BR, will do

kooky_guy · Dec 3, 2015

gargoyle said:
There is a recent thread on the pistonheads website covering a similar scenario. It is on the Speed, Plod & the Law section. It is worth a read as the poster has advice from a Barrister.

I'd second this. It's well worth a read. I can send you a link to it if you can't find it (not sure what the rules are for directly posting links to other forums).
.

P38A It's come back to haunt me

AP90

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top drive

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ER1C

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AP90

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gargoyle

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domino

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TAKdriver

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Saint.V8

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biggeeeee

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brianp38dse

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norseman

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danb79

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AP90

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Bladerunner919

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AP90

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kooky_guy

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