P38A It's come back to haunt me

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A

AP90

Active Member
Posts
267
Location
North London UK
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
 
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...
 
Last edited:
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
 
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.
 
Sod that - he bought it, was happy to part with cash.. and now it's developed a problem and expects you to pay?

Nah.
 
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
Click to expand...

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.
 
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?
 
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.
 
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!!
 
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
 
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.
 
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.
Click to expand...

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).
.
 
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