How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ben Jones Your Own Question

Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46763
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Law Question Here...
Ben Jones is online now

My son is being pressurized of money received

Customer Question

Hi,
My son is being pressurized for return of money received when hi sold his last car recently. The chap is harassing him and said he has been in touch with trading standards and is alleging the car is not safe. It was checked by a garage before sale and by Fords main dealer as my son drove his family around in the car and made sure it was as safe as could be. Can this buyer insist on his money back? It was only £1100 and sold as seen. I suspect the lad thrashed the car although proff will be hard to find. My son is also worried there may be further legal implications or costs if the matter does go to small claims court.
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.
Expert:  Ben Jones replied 1 year ago.
Was this a private sale and what are the issues with the car?
Customer: replied 1 year ago.
It was a private sale yes and the issues with the car are not stated well other then to say and I quote I've had the car looked at and photos have been taken work had been done on it a washer was left in the engine i did ask this and you saint it is my legal right to get a full refund within 30 days as the car is leaking a ridiculous amount of oil if put in for an mot it would be aborted due to risk of it blowing up unquote.
Customer: replied 1 year ago.
Chap goes on to state that he is waiting for a response from rTrading standards and if disputed he has been advised to go to small claims court
Expert:  Ben Jones replied 1 year ago.
Thank you. When a person buys a second-hand vehicle from a private seller, their rights will be somewhat limited and will not be as extensive as if they had bought it from a dealer. In general, there is no legal requirement for the vehicle to be of satisfactory quality or fit for purpose. Therefore, the buyer will only have rights in the following situations:· If the vehicle did not match the description given, whether in the advert or any subsequent discussions. This would amount to breach of contract or misrepresentation. In effect there has to be a false statement made, but if it is sold as seen then the byer will have very few rights· If the seller broke a specific contractual term – e.g. if they fail to do something they specifically agreed to, for example, fix certain faults or provide an MOT. This is also going to be a breach of contract· If the seller was actually a dealer posing as a private seller - this is an unfair commercial practice and can even be a criminal offence· If the vehicle is unroadworthy – this occurs if its brakes, tyres, steering or construction make it unfit for the road. This will also be a criminal offence. So unless he had clearly missold the car he is unlikely o be held liable. Whilst there is nothing stopping the buyer from going to the small claims court, he would have to prove that he had valid grounds to make a claim and in the circumstances that could be quite difficult. Your son will only be liable if he was to lose and even then the potential costs will be relatively low. This is your basic legal position. I have more detailed advice for you in terms of the potential costs he may be liable for if he was to be sued and lose, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there I no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
Customer: replied 1 year ago.
Yes thats fine thank you, ***** ***** offer a feedback rating.
Customer: replied 1 year ago.
How do I leave feedback? Sorry, am something of a techno dinosaur!
Expert:  Ben Jones replied 1 year ago.
There should be an option to click on some stars at the top of the page?
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46763
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Law Specialists are ready to help you
Expert:  Ben Jones replied 1 year ago.
Thank you. In the event he is sued and loses, in addition to the claim amount (worst case £1100 (although he should get the car back so it will be reduced further) he could be liable for the claim fees (£80) and the hearing fee (£115). As this is the small claims court he will not be liable for the buyer’s legal costs if he had decided to use legal advice or representation.
Customer: replied 1 year ago.
This is very comforting news thank you Ben. I was quite satisfied that nothing would come of this but my son has been having a mini breakdown and the chap has been a little harassing, wants to come round our house etc. My son is due to move into his first home on the 23rd which needs a mountain of work done, he has two boys and a new baby on the way in August, so his thought processes might be a bit less analytical than if he had none of these extra pressures. Your response has made him think again now and I hope we hear no more.
Customer: replied 1 year ago.
So just before I go could you clarify what would be considered harassment please and when must my son respond to his repeated requests. the chap has left multiple texts, voice mails and is now saying he will come to our house if he gets no further response.
Expert:  Ben Jones replied 1 year ago.
It is likely that if he starts to pursue this aggressively and not just make reasonable requests that it would amount to harassment. This can be reported to to police if deemed necessary
Customer: replied 1 year ago.
Excellent, thank you again
Expert:  Ben Jones replied 1 year ago.
you are welcome, all the best

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice