Advice needed urgently re caravan sale

Lunar2012

I purchased my caravan in 2008 privately, transferred ownership of it through Cris (caravan Registration and identity scheme) immediately and purchased insurance etc.
2 wks ago I advertised it for sale and had a viewing and the purchaser put a deposit on it. I gave her the Cris reg no and Vin no so she could do any checks for finance etc. The caravan was collected one week later, balance paid and towed away.
Today I contacted Cris to say I had sold the caravan, I then text the new owner to tell her to register her details.
I then receive an irate call from her demanding I pick caravan up and refund the monies paid as it is a write off, this was something I was totally unaware of. I rang Cris, they confirmed to me that it was indeed a Cat D write off, the caravan was written off as an insurance loss in Sep 2007, it was classed as no significant damage and did not require an engineers report to be reregistered, as I had not done a full Cris check at time of purchase, only a transfer of ownership they would not have disclosed this to me. Also, the log book would not record this.
citizens advice have advised that I am under no obligation to refund as I have not breached contract under the sale of goods act as it was mine to sell and matches description.
The buyer argues that it isn't what she thought she was buying. Even if she had asked the question, I genuinely had no idea of it being an insurance loss.
From reading the Internet about this category of write off, I am happy that there is nothing wrong with the caravan mechanically and I have used it for 4 years without any problems. The 2 things in the caravan which were not working we're clearly highlighted. therefore I have refused to refund the monies paid.
Can anyone please advise on this situation as my phone is ringing constantly and I am being threatened with the police.

paddedjohn

The citizens advice have given you the correct info, you don't have to refund the purchaser any money at all.

verityboo

sounds like you gave her the details so that the buyerv could carry out any checks and they collected a week later. Sounds like they had ample opportunity to check before purchase.

If you have the buyers address I would write a polite letter asking the to stop contacting you or you will regard it as harassment and will seek legal advice

Lunar2012

Just received further text, saying that no insurance firms will insure the caravan without the engineers report, Cris confirms that there is no such report as it wasn't required for this grade of loss. So I couldn't provide one if I tried.
I seem unable to reason with her as she said that Cris told her it would be on the log book and as I have lost it, she thinks I'm hiding it from her. Just to clarify Cris confirmed to me that this information would definitely not be on the log book, I don't know what else to say to try and clarify this info with her.
She said I have " sold it misleadingly under sale of goods act" she wants the money back or she will see me in court and is sending court papers tomorrow.
I've now asked her not to contact me unless it's in writing. She replied by saying she will charge all court costs to me also. I'm really worried about this?

verityboo

When cars are sold privately the seller is under no obligation to declare they they have previously been written off and repair (cat c or Cat d) so I would expect the same to be the case with the caravan. Unless you said it definitely had not been written off in writing you should be okay. Sounds like they are just trying to bully you with talk of court action

fivetide

verityboo wrote: »

When cars are sold privately the seller is under no obligation to declare they they have previously been written off and repair (cat c or Cat d) so I would expect the same to be the case with the caravan. Unless you said it definitely had not been written off in writing you should be okay. Sounds like they are just trying to bully you with talk of court action

You are if you know about it and are asked. I'm also sure that Cat C would be on the log book.

To the OP - what would the difference in price be? Do you have any documents from your purchase that would show you bought it in good faith?

5t.

hartcjhart

Lunar2012 wrote: »

I purchased my caravan in 2008 privately, transferred ownership of it through Cris (caravan Registration and identity scheme) immediately and purchased insurance etc.
2 wks ago I advertised it for sale and had a viewing and the purchaser put a deposit on it. I gave her the Cris reg no and Vin no so she could do any checks for finance etc. The caravan was collected one week later, balance paid and towed away.
Today I contacted Cris to say I had sold the caravan, I then text the new owner to tell her to register her details.
I then receive an irate call from her demanding I pick caravan up and refund the monies paid as it is a write off, this was something I was totally unaware of. I rang Cris, they confirmed to me that it was indeed a Cat D write off, the caravan was written off as an insurance loss in Sep 2007, it was classed as no significant damage and did not require an engineers report to be reregistered, as I had not done a full Cris check at time of purchase, only a transfer of ownership they would not have disclosed this to me. Also, the log book would not record this.
citizens advice have advised that I am under no obligation to refund as I have not breached contract under the sale of goods act as it was mine to sell and matches description.
The buyer argues that it isn't what she thought she was buying. Even if she had asked the question, I genuinely had no idea of it being an insurance loss.
From reading the Internet about this category of write off, I am happy that there is nothing wrong with the caravan mechanically and I have used it for 4 years without any problems. The 2 things in the caravan which were not working we're clearly highlighted. therefore I have refused to refund the monies paid.
Can anyone please advise on this situation as my phone is ringing constantly and I am being threatened with the police.

So the buyer had ample opportunity to check the caravan with CRIS,you highlighted the KNOWN faults and acted IN GOOD FAITH,

citizens advice are correct you owe them nothing,

It matters not what the buyer THOUGHT they were buying,THEY VIEWED,and paid and towed it away the contract has been completed

Next time they contact you tell them you will see them in court and that you will claim any loses you suffer to attend the hearing

Lunar2012

By not mentioning it in the advert ( because I wasn't aware of it), could this be misrepresentation even if it's 100% innocent? I'm getting in a right stew about this.

colino

If you are a bona fide private seller then you have not lied, were unaware of any discrepancy and it is very much a case of caveat emptor.
CRIS is a bit of a mickey mouse control system anyway. HPi run and maintain the thing and it really has no official standing other than for people who want to be a part of it.
If you can honestly say you acted fairly, hang in there and leave the buyer to sort out their bargain.

zappahey

Lunar2012 wrote: »

By not mentioning it in the advert ( because I wasn't aware of it), could this be misrepresentation even if it's 100% innocent? I'm getting in a right stew about this.

No, so long as you didn't make any false claims in the advert. You only need to declare problems if asked by the buyer.

I would say that you are well covered by the week's window between deposit and colection. It's a case of buyer beware.

sheslookinhot

Lunar2012 wrote: »

By not mentioning it in the advert ( because I wasn't aware of it), could this be misrepresentation even if it's 100% innocent? I'm getting in a right stew about this.

No need. Listen to the answers you are getting. All good

Buyer beware, in this case the buyer wil be angry with themselves for not carrying out enough due diligance.