Thread: ups and downs and catching up - FatFairNForty(ish) - my diary

Totally cheesed off. Woman who bought my old car has written threatening legal action if I won't give her a refund! I feel physically sick. It's not my fault she changed her mind! She's written a pack of lies in a letter about it all so I've taken advice and have to write back (recorded delivery) and tell her where things stand legally. Even though I KNOW I am in the right legally, I hate the thought of having to go to court but if that's what it takes then so be it. I haven't done anything wrong. Feel so down about it all though.

Tell her to shove it! You've done nothing out of order - if she's too thick to a) buy a car without test driving it despite seeing it twice before she handed over the dosh and
b) not to clarify whether it had power steering before she bought it then she deserves all she's got. Silly moo

Take Trading Standards advice and follow it to the letter.
It's a jolly good little car for the age/mileage and very good value - even I know that and I know nuthin' about cars!

Chin up chuck - think of Wednesday - Add-a-Meal nirvana

Thanks Ailsa - but she's not even mentioned the lack of power steering (which is the REAL reason she doesn't want the car now) - she's making out I didn't tell her about the door and I did (while she was in my kitchen - BEFORE she handed over any money!!) AND I talked to her man about it on the phone whilst we were outside BEFORE she got into the damn thing.....and still she took the car - she has made up a complete pack of lies and said I misrepresented the car!! It's an awful letter - says I didn't have a genuine reason to sell it! Basically says I refused to give her a refund and locked myself in my house! It's all utter claptrap!! Now she says she thinks there is something I haven't told them so she thinks the car is unsafe!! I can't believe it!! I have never sold a car before and if this is anything to go by I'm damn glad I won't have to again. I only sold my car because I got my new one through the motability scheme... and THAT was my reason for selling. I am so stressed out by this.... I am an honest person and she is making up loads of lies.. I don't want to go to court ... but if I have to I shall...

It's just horrid..... plus she's playing her trump card... her midwife has told her not to drive the car!!!! Since when did a midwife become a mechanic!!!!!!!

Originally Posted by FatFairNForty(ish)

Thanks Ailsa - but she's not even mentioned the lack of power steering (which is the REAL reason she doesn't want the car now) - she's making out I didn't tell her about the door and I did (while she was in my kitchen - BEFORE she handed over any money!!) AND I talked to her man about it on the phone whilst we were outside BEFORE she got into the damn thing.....and still she took the car - she has made up a complete pack of lies and said I misrepresented the car!! It's an awful letter - says I didn't have a genuine reason to sell it! Basically says I refused to give her a refund and locked myself in my house! It's all utter claptrap!! Now she says she thinks there is something I haven't told them so she thinks the car is unsafe!! I can't believe it!! I have never sold a car before and if this is anything to go by I'm damn glad I won't have to again. I only sold my car because I got my new one through the motability scheme... and THAT was my reason for selling. I am so stressed out by this.... I am an honest person and she is making up loads of lies.. I don't want to go to court ... but if I have to I shall...

It's just horrid..... plus she's playing her trump card... her midwife has told her not to drive the car!!!! Since when did a midwife become a mechanic!!!!!!!

Hi FFNF,

What an awful lot you are going through...

Here is some information that might help you now?

You have very few legal rights if you have bought the vehicle from a private seller rather than a dealer. The condition under consumer law that the vehicle must be of satisfactory quality does not apply. The only conditions which do apply to private sales are that the vehicle is correctly described, is roadworthy and that the seller has good title (this means that they are the legal owner of the vehicle).


You will only be able to claim against a private seller if:-

• the vehicle was not as described, see below; or
• there was a breach of a specific term of the contract, see below; or
• the seller was a dealer posing as a private seller, see below; or
• the seller did not have good title to the vehicle, or
• the vehicle was un-roadworthy.

If you can show that the vehicle did not meet its description the seller will be liable under consumer law, even if the seller believed the description to be true. It will strengthen your claim if you have written proof of the false statement, for example, an advertisement. Verbal false statements are harder to prove, unless someone else was present who can act as a witness.


If the seller makes a specific statement which proves to be false, for example, if they said that the vehicle had a new clutch or one owner from new, you will have grounds for complaint. However, if the seller described the vehicle as immaculate it will be more difficult to complain as the vehicle’s age, make and mileage, and the price paid have to be taken into account. If the seller did not make any statements about the vehicle, you will not be able to claim against the seller.


If the seller fails to do something they specifically agreed to, for example, that certain faults would be fixed or that the vehicle would have an MOT, they will have breached the contract.


If you want to take action against the seller, you will need proof that the seller made a false statement about the vehicle and that the vehicle did not comply with its description at the time of sale. If you have delayed for more than a few weeks or have used the vehicle a lot, this may be almost impossible to prove. An independent report may be able to establish the condition of the vehicle at the time it was sold, but can be expensive (see under heading Establishing the condition of the vehicle when it was sold).


You should complain in writing to the seller and ask for a refund of the money paid for the vehicle or for the cost of the necessary repairs. If this does not succeed, you could sue the seller.


If you are considering suing the seller you should consult an experienced adviser, for example, at a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by email, click on nearest CAB.

Source: Buying secondhand vehicles

I Am the seller. It's the Buyer who is causing all the problems by lying. I, as a seller, followed things to the letter of the law. I got very little sleep last night because of this and spent most of today in tears and on the phone trying to get hold of CAB to arrange an appointment .

I wish I had never sold the car , she is a lovely little car and I only sold her because I got my new one. still very down about it. and tired and cold as central heating packed up tonight after all the flipping lines to British Gas are closed until the morning so sitting here wrapped in a sleeping bag and wearing gloves!

Stuck to the diet but am seriously p**sed off.

Hi FFNF,

Yes I know your the seller, but I was just showing you that she does not have a leg to stand on and she would have a hard time proving it.

Private

If you buy privately, you won't be protected legally if the car doesn't come up to scratch. It's up to you to ask the right questions and have the car thoroughly inspected before you buy.

Source: The AA: Car Buyer's Guide


I personally don't think you have a thing to worry about as it was up to the buyer to check out the car before buying and if she wanted guarantees she should of went through a garage.

Love Mini xxx

Thanks Mini

I'm just being a whiney-ar*ed mare!

Still.. the weekend improved... I went to a craft fair with my friend Penny and that was lovely (apart from all the amazing food for sale!!)... I found myself sniffing a rameking dish full of chutney!!!!!!

Bought myself the most gorgeous scarf which I wore in church this morning and without fail, every single person who spoke to me said how lovely it was! I love it.. all pastel feathery material... cost £16 but well worth it, practical and beautiful! (just like me!! ROFL )

Date went amazingly well!!!! Seeing him again on the 25th (need to check what time we'll be back from the Birmingham WeMitt meeting !!!!) Already champing at the bit to see him again, BUT, 3 weeks and another stone or thereabouts off and I will feel even better so it's all good.

We're both busy these next 2 weekends... shame really... especially as I would have quite liked a snog on my birthday! lol (and I confess...we did snog and OH MY WORD!! ... very nice! ) hee hee

Did wonders for my self-esteem, spent all evening laughing and giggling and behaving like a pair of kids... brilliant! Didn't get home until almost 4 this morning (horrendous 3 hour drive home - should have been 2 tops but it was VERY foggy onthe M40!)

Got a nice text this morning so am glad. Very early days with him, but so far so good and not expecting anything long term but for now, great company and good kissing will do for me!!

Diet going great guns... but I am SERIOUSLY cold! Heating not working at all now and the house is bitterly cold. can't find the number for British Gas that I need (I have a service agreement with them) ... last time I was this cold I was camping and wore a pair of my hubbys pants (clean!) as a balaclava (of sorts) in bed!!

Off to have my tetra now - that's my 3 today done. Then deep hot bath and bed methinks!

Hi flirty, try this number I found it on the british gas website and they say its 24 hour. 08456005100 Hope you get warm soon.

Sorry wrote the wrong name i'm such an idiot but the number is correct

you are a diamond! don't worry about the name... I've been called a LOT worse! lololol

They are coming out on Tuesday afternoon! So... off to the CoOp tomorrow for some more thermals (have to be mens as too big for ladies at the moment!).

Tuesday is my weigh-in day too... and the anniversary of my first husbands death... and the day I have an appointment to see the CAB about this stupid car fiasco... and the Church Council Meeting in the evening! So... very mixed feelings about Tuesday - but will concentrate on the positives - ie.... being warm again.... getting weighed... and hopefully being reassured that I have no cause for concern about the car mess!

Thanks again for your help, I rang them right away!

Jennie x

Hi Jeannie,

You have so much going on tomorrow and I hope that the car thing goes well and gets sorted, you really don't need all that fuss just now.

I am very sorry to hear that it is also your first husband's anniversary, tough times.

Hopefully you will have a good weigh in...stay strong.

Love Mini xxx

So it's Monday already... roll on tomorrow!(in some ways)

Just got home from Asda and... Quelle Horrorrrrr!!!!!

I got the very last bottle of Perfectly Clear Strawberry & Kiwi Fruit!!!! Am going to ring the store manager in a minute and insist that they re-stock!! I'm down to my last 10 litres!!!

Whilst there I got some Christmas prezzies, birthday prezzies (I have heaps of birthdays to buy for this month - so many friends birthdays are within a fortnight of mine!) Mainly got jewellery... love their jewellery - costs next to nothing (always handy on a tight budget) and looks fab!

Also went to the bank for work, posted some letters, arrived home to find their is a parcel at the post office! Don't recall ordering anything but Zoe probably has so will have to nip down there in a few minutes - want to make some chilli crisps and sit watching telly with my feet up for a bit! Might get the jobs done first then get inside sleeping bag and settle down in this iceberg of a house!

I also got my other daughter Sarah an Asda giftcard - so she can at least eat!!! If I post it today she should have it tomorrow and she has just rung me to say that she has got a part time job!!! I am SO pleased!!! At last - she will be earning for herself whilst at Uni, and., it isn't too bad money-wise so she will be ok next term!

I miss her so much - not the mess and hassle and stress... just everything else. Hope she'll be ok tomorrow. I know it always affects me and Zoe...still... lots to think about and the one thing I can control right now is what I eat or drink so I am exercising that control and sticking 100% to SS.

BUT - IT'S ADD A MEAL WEEK FROM WEDNESDAY!!!!!! YIPPEEEEE!!!!


I am already planning the meals... weighed the raw ingredients out and they are waiting patiently in the freezer... I am so determined to savour every single morsel! I have promised myself that I will lay the table and sit up at it and also cook for Zoe and we can sit and eat together! I will make my meal last as long (if not longer) than she does hers! lol

I am REALLY looking forward to it.

Thank you for your kind words Mini, they do help.

Hi Jennie!

Firstly thanks so much for always dropping by on my diary to see how I am - it's so kind of you and much appreciated I've just updated it as I was away at the weekend - won't bore you on here with the details....lol

I am so sorry to hear that you've been down and that the nasty barstewards that you sold your car to are giving you such a hard time - no advice really as never sold a car privately but hope that you manage to get things sorted out with CAB.

Pleased to hear you had a lovely evening with your 'young man' at the weekend - ooooh you can't beat a good snog eh.... bet your counting the days till the next one

Hope your weigh in goes well for you again tomorrow - you are so focused and determined - I really admire you enjoy your AAM and eating with Zoe

Thinking of you tomorrow too ....for all the reasons you list and {{{{hugs}}}} to you and the girls on the anniversary of your hubby/dad passing.

Love

Originally Posted by Mich

Hi Jennie!

Firstly thanks so much for always dropping by on my diary to see how I am - it's so kind of you and much appreciated

I love reading your diary - will pop in now!

hope that you manage to get things sorted out with CAB.

appointment is at 10.30 so am praying they will make me feel a lot more peaceful about it.

- ooooh you can't beat a good snog eh.... bet your counting the days till the next one

OMG you are SO right! He's told me now that its his sisters 50th on the 25th so that's another weekend blown out of the water! Not sure if I will ever see him again.....although he says its just timing.. we'll see.

Thinking of you tomorrow too ....for all the reasons you list and {{{{hugs}}}} to you and the girls on the anniversary of your hubby/dad passing.

sitting here in floods of tears . Thank you for this... it is always such a terribly sad day. I try not to cry but it just happens. Zoe is so upset she's stayed home, I had to ring the college. I understand totally how she feels as my own father died when I was 21, but she was only 7. We're ok the rest of the year, just today, it's hard. Thank you for the hugs and klind words...you too Mini. It is very kind of you both and deeply appreciated.

I'm looking forward to the weigh in tonight as I've been 100% on the diet again - can't believe it's been a month already! Must remember to take the turkey breast steak out of the freezer tonight!! yum!

Am so cold at the moment. Wearing gloves to type in. Couldn't get thermals yesterday as they've stopped selling them, think I'll have a look online later on.

Need to put some cheerful music on I think.

Also - think I've upset my mate who is in crisis about her relationship predicament. Basically told her that her ex is a DH!! (my definition!) and that I have no respect for him or how he has treated her and as for her kids, they are even worse! I have barely heard from her but noticed his car outside her house for several hours so am just going to let her get on with it now. She asked for my help and I gave it, Relate are going to call her, she has made an appointment at the GP BUT if she carries on seeing her ex then I wash my hands of them both. HE is the reason she is a mess right now and she simply cannot improve with him still involved at the level he is! Sorry - but I love my friend but she is absolutely NOT helping herself even though she knows he is the root cause and for me that is just incredible as her daughter is now refusing to live with her!

Sorry, just a real mess of a day already and it's only 9am! (Got to work early to make up for the time I'll be at CAB - although beginning to wish I'd taken the day off too...)


Oh lord... just got a text from Sarah (my daughter at uni... 300 miles away)... "Thinking of you. I love you both. x x x" I miss her so much... can't stop crying so going now... back later..

{{{{{{Big hugs Jennie and your girls}}}}}}} I can't even begin to imagine how your feeling.

Lots of love