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Im being sued after I sold my car
Comments
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londonTiger wrote: »A bad gearbox is binary. It either works as it should or it doesn't work. it doesn't have good days and bad days. If the buyer test drove the car and felt the gearbox was sound on the journey back, he has no case at all. The fault developed afterwards.
No necessarily. My dad's motorhome prior to swapping the engine and gearbox earlier this year had a gearbox which was crunchy and horrible when gearchanges were quick, and perfectly smooth when they were done slowly.
Bearing in mind that there are plenty of drivers who can't/don't/won't change quickly, it's perfectly possible for someone to not have a problem when another driver will.
When we drained the gearbox oil, there were several chunks of synchro ring, plus a couple of ball bearings in the oil. Box was still working fine though when treated gently and had been doing for 25K miles.0 -
That sounds like a caravanette built on a Talbot Express; they did the great trick of self-demolition by pumping the gearbox oil out of the box, up the speedo cable when at cruising speed!0
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That sounds like a caravanette built on a Talbot Express; they did the great trick of self-demolition by pumping the gearbox oil out of the box, up the speedo cable when at cruising speed!
Nope. It's a 3.8T tag-axle coachbuilt based on an Al-Ko chassied Peugeot Boxer. Just a crap gearbox, basically!
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It's still not the sellers problem. Really there's no case here.0
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Wasn't the Boxer the same commercial (with many disguises) in a different party frock?0
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Could be an offence under s75 Road Traffic Act 1988 especially if there is an expert report saying it's unroadworthy.
I think an s75 offence is strict liability, meaning the mere fact that you sold an unroadworthy vehicle is an offence - whether you knew it was unroadworthy or not. It says nothing about 'knowingly' selling an unroadworthy vehicle or 'knowing or believing' it to be unroadworthy. Just that selling an unroadworthy vehicle is an offence unless you can prove one of the following: -
"(a)that it was supplied or altered, as the case may be, for export from Great Britain, or
(b)that he had reasonable cause to believe that the vehicle or trailer would not be used on a road in Great Britain, or would not be so used until it had been put into a condition in which it might lawfully be so used,"
It also says, however:
"(7)Nothing in the preceding provisions of this section shall affect the validity of a contract or any rights arising under a contract."
So it doesn't change the fact that it was sold as seen, which he readily admits to. His claim should go nowhere, but he may report you to the police out of spite.What will your verse be?
R.I.P Robin Williams.0 -
Selling a vehicle thats not roadworthy is OK, Its the driving it away thats going to get the driver into trouble.
One of the consumer shows on TV were reporting about a car hire place that had unroadworthy vehicles. The police were not interested in the firm. They just said the driver is responsible.Censorship Reigns Supreme in Troll City...0 -
I should add that even if the vehicle was unroadworthy at the time you sold it, and you are technically guilty of the offence, I don't think a prosecution would be a sure thing as it seems to me it wouldn't be in the public interest to prosecute somebody that sold an unroadworthy car they believed to be roadworthy, if they had good reason for believing in was roadworthy. E.g. if it had recently passed an MOT.What will your verse be?
R.I.P Robin Williams.0 -
forgotmyname wrote: »Selling a vehicle thats not roadworthy is OK, Its the driving it away thats going to get the driver into trouble.
One of the consumer shows on TV were reporting about a car hire place that had unroadworthy vehicles. The police were not interested in the firm. They just said the driver is responsible.
If you have reasonable cause to believe it won't be used on a road at all or at least until such time as it has been repaired to be in a roadworthy condition then that is a defence under s75(6)(b) RTA 1988.
Such a defence would surely require enquiries about how the buyer intended to collect the vehicle. E.g. will they be using a flatbed truck or something to collect it?
The best thing would be to get them to sign a receipt confirming they bought it for scrap or for repairs to be made to it in order for it to be put back into a roadworthy condition.What will your verse be?
R.I.P Robin Williams.0 -
The OP isn't being prosecuted for selling an unroadworthy vehicle and would never in million years be found guilty of it anyway.0
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