Buyer is alleging that a sold vehicle had an accident.

BeenThroughItAll

gravemind wrote: »

Thankyou for sending me your postcode no malice intended just off the topic moneysavingadvise on privacy and net security. NEXX XXX

Thank you for your sarcasm. Do you not think I would use a different postcode to my own?


I don't need advice on security thanks, I work on ISO27001 accreditation projects on a fairly regular basis.


If you care to check the postcode, you'll notice it's an industrial estate. It's also over 20 miles from where I live.

BeenThroughItAll

gravemind wrote: »

@BeenThroughIt Mine is a Foord C-Max not a Ford Focus Cmax the prices are lower for C Max than Focus Cmaxs

What? There's been no such thing as a Focus C-Max since 2007, only the C-Max and Grand C-Max since the Mk2 appeared.


Clutching at straws there. Car you bought was underpriced, and that should always arouse suspicion.

gravemind

@BeenThroughIt I wasn't being smug or sarcastic I was just trying to advise you to edit your post as it might give away your location.

BeenThroughItAll

gravemind wrote: »

@BeenThroughIt I wasn't being smug or sarcastic I was just trying to advise you to edit your post as it might give away your location.

Bloody good job I'm not the idiot you take me for.

gravemind

Considering my options appreciating the advice and support I have received from this forum

1) Wait and see if buyer issues proceedings in which case if I loose then it would make me liable for his costs. Having criminal charges made against me and at the same time the value of vehicle gets depreciated due to age and plus manufacturer warranty expires.

2) Get my vehicle back, issue partial refund with £500 as security inspect it with an engineer and manufacturer. And counter claim with the buyer for depreciation in value due to change in number of registered keepers.

The second option provides me with a safety net. I do not want to back off but also don't want to gamble with the law.

Marktheshark

We always get this "criminal charges" thing about second hand cars.
A lot of people on here do not know the difference between a civil county court and a magistrates court.
You would be taken to a county court where the only dispensation is financial loss if the buyer won, which in a private sale would be exceptionally rare.

Quentin

gravemind wrote: »

..... I do not want to back off but also don't want to gamble with the law.

You have had some advice in this thread from a minority saying you are liable .


Though the overwhelming advice is to simply ignore.


If you are nevertheless contemplating ignoring the overwhelming advice and considering giving in, then get some paid for legal advice first!

Foxy-Stoat_3

And page 6 !

If you lose you will be liable for the costs and the cost of a number plate maybe a horn to make the car roadworthy, but unlikely seeing as the buyer inspected both items before agreeing to buy it. No way will you get criminal charges unless the police get involved, which will be very unlikely for a bad number plate and a none working horn.

1. You either knew about the accident damage and bad repair or you didn't, either before or after you bought it.

2. You either bought the vehicle damaged and repaired it badly yourself and sold it on for a profit, or you didn't.

3. You are either a private seller or a trader.

If you are a private seller then 1 and 2 are irrelevant.

You haven't said how long you have owned it though...if its a short amount of time then it may look like you are trying to pass on a bad car. Again if you are a private seller it will be irrelevant, unless you misrepresented the car's condition in the advert.

Marktheshark

Well that would be the angle, if you made a profit by buying and selling you are a trader, the amount of time you had the car would weigh heavily.

If it were to be decided by the District judge at County court you traded the car, even as a first one, you would be well and truly in the brown stuff.

Foxy-Stoat_3

Just spotted that you only had the car for 4 months.

The Judge will look at the probability that either:

1. You bought the car in the condition it is now,
2. You bought the car damaged, repaired it and sold it on for a profit,
3. You bought the car in perfect condition, crashed it, repaired it yourself or cheaply not going through insurance and trying to pass it on.

Your sales invoice from 4 months ago will prove that 2 is not the case.
A copy of the advert from the supplying dealer will prove the condition in which you bought it.

It would be very easy to prove that you are not a motor trader with PAYE payslips or contract of employment from your employer and running a google search on your mobile/land line number.

Looking at the way you word your posts, my money would be on number 3 being the case, as a respectable car dealership would not advertise 62 reg vehicle with low mileage on their forecourt in the condition that the vehicle report describes for the right money or you would of spotted the defects and walked away from the sale.

Proving it would be difficult but not impossible.

Good luck OP, and come back with how the case turns out and if you win in court, let us know the truth, incase I have it all wrong.