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Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.
Is there any way of proving when the belt was changed, for example contacting the garage that did the work?
I don't know which garage it was as it was done by the previous owner before me. I gave all receipts to the new owner
ok let me get my response ready please
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. Certain sections of the Sale of Goods Act 1979 (which mainly applies to business transactions) would still apply but the buyer’s protection would certainly not be as extensive.
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:
The main argument here is that the car was not as described as it allegedly did not have the cambelt changed as advertised. This is really a factual matter and it would be resolved by checking through its history and if that is not available – by trying to find out the garage that undertook the repairs or asking an independent garage to inspect the car and advice whether the cambelt was actually changed recently or not. It is for the buyer to prove that the car was not as advertised so they will need to convince a court that what they are claiming is true. Until then you cannot really do much apart from protest your innocence and hope that they simply are using the court route as a threat to try and make you do as requested.
so what if I receive court papers?
I have asked a garage about proof of a belt being changed and I get conflicting information on this. one said you can tell and another has said that after that many miles it would be difficult to tell
if you receive the court papers then you would need to deal with that and provide a defence and deal with it - this is not really something you need a lawyer for so you can do it on your own as it is a relatively simple process. As mentioned the buyer needs to prove that what they are claiming was true and if they can do so and the judge agrees then the worst case is you are asked to pay for the cambelt
he's claiming he is going to ask for a full refund of the car if goes to court. im so annoyed that I don't seem to have any rights in this matter as he was given the receipts, he checked them and was happy with it and now hes trying to claim its a wrong receipt and wants me to pay up. Hes using the other receipt as a means for claim stating its not a cambelt receipt.
not sure that would be enough to show that a cambelt was not changed - just because there was no receipt for it does not mean it was not changed and the fact he checked the receipts at the time would go against him too
the guy has sent me 30 msgs and 20 email ones and at one time he was threating to 'pay me a visit'. Isn't this a form of harassment that would also go against him?
yes it is harassment, it would not place him in the great light in front of a court but it does not mean he may not be right if he can prove his case
so basically because I believed the receipt from the previous seller and never checked it out and then sold on later and the new buyer has after purchase I am liable for it?
you will be liable if you provided a false description, even if you believed it to be true - so if you said that the car had a recent cambelt change when in fact it did not, then you would likely be liable for that but as mentioned it depends on the buyer proving this was the case
so if the garage he uses states it hasn't been changed then I will forfeit the cost
you can ask an independent garage to provide an opinion - one you both agree on, in case you do not trust the ones he has approached himself
ok thanks for your help today
you are most welcome, all the best