Sold a van - now buyer wants his cash back

ttc39

Hi all
Advice needed please.

Hubbie decided to get himself a newer work vehicle so sold his old one. The van was a 52 plate and hubbie had it up for sale on eBay.

However the auction ended and a chap rang two days later to say he wanted to see it and ended up test driving and buying . Hubbie told the buyer that it was in good working order as it was.

After 8 weeks the chap called and told oh the van had broken
down :-(

Oh told him he was sorry to hear that. And we genuinely were.

Since then we had numerous aggressive texts and now a recorded delivery letter stating consumer act and that he wants cost of van back and loss of 800 quid earnings :<

Very concerned . We sold the van in good faith and did not know of any problems

Any advice please

[Deleted User]

Private sale - buyer beware.

scheming_gypsy

Sold as seen. Caveat Emptor

If you're selling as a private seller and not a business then you're selling without warranty. The buyer came, inspected the van and drove it away happy with the condition that it was in.
It worked fine for 8 weeks so there probably wasn't anything wrong with it.


He's trying it on, tell him to sling it

Ebe_Scrooge

I assume this was a private sale, not trade ? If so, Caveat Emptor. As long as you made no deliberately misleading statements in your advert or dealings with the buyer, then it's his hard luck. That's why private sales are cheaper than buying from a garage - you have no comeback ( generally ) from a private seller.

And I personally think that 8 weeks is a reasonable amount of time to have elapsed. If the van had broken down the next next day, then maybe the buyer may have had cause to start questioning .... maybe. But 8 weeks - no, not your problem.

rev_henry

ttc39 wrote: »

Hi all
Advice needed please.

Hubbie decided to get himself a newer work vehicle so sold his old one. The van was a 52 plate and hubbie had it up for sale on eBay.

However the auction ended and a chap rang two days later to say he wanted to see it and ended up test driving and buying . Hubbie told the buyer that it was in good working order as it was.

After 8 weeks the chap called and told oh the van had broken
down :-(

Oh told him he was sorry to hear that. And we genuinely were.

Since then we had numerous aggressive texts and now a recorded delivery letter stating consumer act and that he wants cost of van back and loss of 800 quid earnings :<

Very concerned . We sold the van in good faith and did not know of any problems

Any advice please

Oh yeah? What's the Consumer Act when its at home? I presume he's attempting to refer to SOGA, from which private sales are exempt. Tell him to go away.

eschaton

ttc39 wrote: »

Hi all
Advice needed please.

Hubbie decided to get himself a newer work vehicle so sold his old one. The van was a 52 plate and hubbie had it up for sale on eBay.

However the auction ended and a chap rang two days later to say he wanted to see it and ended up test driving and buying . Hubbie told the buyer that it was in good working order as it was.

After 8 weeks the chap called and told oh the van had broken
down :-(

Oh told him he was sorry to hear that. And we genuinely were.

Since then we had numerous aggressive texts and now a recorded delivery letter stating consumer act and that he wants cost of van back and loss of 800 quid earnings :<

Very concerned . We sold the van in good faith and did not know of any problems

Any advice please

Tell him Christmas only comes once a year and it's not the 25th December yet.

motorguy

He has no legal standing with this.

Ignore him. If any more letters come recorded delivery that look like they're from him, refuse to sign for them.

He'll get bored eventually.

Joe_Horner

motorguy wrote: »

He has no legal standing with this.

Ignore him. If any more letters come recorded delivery that look like they're from him, refuse to sign for them.

Or tell him the sale was final and you don't want any further contact. Then, when he keeps trying it on, make a harassment complaint.

As a woman, you're feeling threatened by his behaviour and aggressiveness, your husband is out working all day in his new van, and the guy knows where you live. That should be enough for Plod to go and have a quiet word

waamo

He wants his money back and £800 on top. Sounds like a scam to me.

atrixblue.-MFR-.

the only thing in SOGA is decription for private sales it must be as described to the best of your knowladge, but instead of having to prove you did he has to prove you didnt;).

i would word with a stern reply recorded letter to him.

i am genuinly sorry that you have had trouble with the van, it served us well and was sold in good faith and as described.

I am under no obligation in any legislation to refund you the cost of the vehicle, i am under no obligation in any legislation to then refund you the cost of repairs.

this was a private sale to wich you test drove and accepted that vehicle is in satisfactory condition.

i therefore request and insist that you A.remove my mobile number house number and e-mail address from your records.
B.decist in any form of contact with ANYONE at this address, i revoke your implied right of access to my premises, if you step foot anywhere near me or my propertie(s) or possetions i will have you arrested for tresspassing
Continue to harrass, distress or alarm (wich is a criminal act) anyone at this property, or via communications telecomunication or via internet, i will contact the police with my evidence previous aggressive and abnormal amount of volume of sms messages, and this letter that has no legal bearing and fraudulant claim that i have broken a non existant law or legislation.

Ratboy

Forums are always one side though..this is the comment from the seller, but lack of information regarding the buyer.

Yes it's true that the buyer beware thing, but people tend, as human nature to embelish their experiences