Sold a van - now buyer wants his cash back

sharpy2010

ttc39 wrote: »

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

Any advice please

Yes, tell him to get stuffed.

ttc39

Thank you so much for your replies.

It was a private sale not trade.

We honestly did not know of any problems, if we had we would have disclosed it.

The van was for sale on eBay for 2,500 and we let this chap take it for 1,650.00 as he gave us his hard luck story about previous van breaking down :-(

My husband had been driving said van right up until week it was sold as it was fine.

In his letter he states he has took van to two independent garages who state we should refund? But does not give us their details!

He is saying the gearbox has broken and as such the fault is excessive and has inhibited use of the vehicle .

He has given us five days to respond. :-(

He refers to in his words- used motor vehicles - consumer rights and states we had a contract ? With him. And then this consumer protection distance selling regulations 2000

ttc39

atrixblue.-MFR-. wrote: »

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.

Thank you so much for this. I will aim to draft a letter this evening :-)

molerat

ttc39 wrote: »

He refers to in his words- used motor vehicles - consumer rights and states we had a contract ? With him. And then this consumer protection distance selling regulations 2000

:rotfl:which apply to B2C sales only ...... and he bought it face to face :rotfl:

longtimelurkersam

Whilst I agree with what everyone else is saying and I would go back along those lines as he is a right chancer by the sounds of it, just one question.

You say it was a work vehicle. By that do you mean it was a van that your husband used for his own work, which was presumably an asset of his business, where he would have written off an amount for capital allowances/depreciation etc? If he sold this business asset then the proceeds should have been entered into his accounts as an asset disposal and I wonder whether this could be seen as a trade/business sale, ie his business sold its asset and your husband did not sell his personal vehicle.

I doubt the buyer would think like this, but just in case!

Rain_Shadow

longtimelurkersam wrote: »

Whilst I agree with what everyone else is saying and I would go back along those lines as he is a right chancer by the sounds of it, just one question.

You say it was a work vehicle. By that do you mean it was a van that your husband used for his own work, which was presumably an asset of his business, where he would have written off an amount for capital allowances/depreciation etc? If he sold this business asset then the proceeds should have been entered into his accounts as an asset disposal and I wonder whether this could be seen as a trade/business sale, ie his business sold its asset and your husband did not sell his personal vehicle.

I doubt the buyer would think like this, but just in case!

I think in relation to trade sales the legislation means sales by a motor trader. There would be no reason to expect a business in any other trade to have any more knowledge of vehicles than a private individual

diesel_dog

The buyer is clearly a fool and trying it on. I'd draft a letter, similar to the one posted above and put a close to it. I would be straight to the point, blunt and brutal otherwise they'll just read your reply as a maybe.

You have no idea how they have driven the van since they've had and that is not your responsibility.

fivetide

eschaton wrote: »

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

Ah but we don't know quite when this saga started. It could have been April 1st hah. Sounds like it from what the OP has said!

bugslet

It's a 52 plate van, there is potential for it to break down, that's what happens to 10 - 11 year old vehicles. If he wants something that has less chance of breaking down he needs to buy a lot newer van!

Tell him politely and then if he's still being a pain in the derriere, tell him to foxtrot oscar!

pulliptears

Whenever I see 'Private sale, buyer beware!' on here I usually question what was said in the ad as buyers can sometimes have comeback through the misrepresentation act (i.e. Ad said 30k on clock and perfect condition when in reality it's got 50k and full of rust), however, in this case I think your buyer is a chancer.

He's had the van for eight weeks. He says the gearbox has failed? You have no idea how hard he's been driving that vehicle for the last eight weeks and how hard he drove his previous broken down vehicle

Had the gearbox failed within days I'd be saying something different again but eight weeks? Ignore him.