Buyer is alleging that a sold vehicle had an accident.

Quentin

gravemind wrote: »

I have again considered all options that I have in current situation (as you refused the return of the vehicle). We have decided to take a legal advice as we do think that the car that was sold to us was in unroadworthy condition and that is against the law. You, as a seller (same rights and responsibilities apply) cannot sell an unroadworthy car to a customer. For this reason we have pre-booked a vehicle inspection from an independent engineer who's report can be used in court. If the report proves my point I'll go to court and recover the money for the car as well as other losses (that is cost of insurance, diesel, report etc). I'll come back to you with a copy of engineer's report.

Thats a new email today followed by a text that I should check my email.
What can I say?

Just ignore it and everything else he sends you.


Only if you get any official claim papers from the county court do you need to respond. (And then to the Court not the customer)


Your defence then will be a simple denial you owe anything to this chancer.

Herzlos

gravemind wrote: »

What can I say?

Nothing at all. It's just smoke and he seems to think you are a trader. Just ignore it.

Foxy-Stoat_3

Foxy-Stoat wrote: »

I'll wager this thread will go for another 3 pages with the same advice being posted again and again.

WOW, hit page 3 !

If the OP is not a Motor Trader then as stated ignore until official papers are received- END OF

If the OP is a Motor Trader and the vehicle has been involved in an accident but not on the HPI register then, as stated ignore until official papers are received.

If the numpty is now stating that the car is unroadworthy because his mate own runs a garage thinks it has had an accident in the past and is now repaired then he will not get very far.

Foxy-Stoat_3

Why not send the chancer a text :

"https://forums.moneysavingexpert.com/discussion/5194175"

Would love to hear from the other side of the fence !

gravemind

1) The car was not unroadworthy. And anyway as a buyer you should check this before the sale and point it out if something is wrong.

2) I am not a motor trader.

3) The receipt clearly states sold as seen.

neilmcl

gravemind wrote: »

1) The car was not unroadworthy. Do you know this as a fact? And anyway as a buyer you should check this and point it out if something is wrong. Not quite correct. Legally speaking the buyer is entitled to expect the car to be roadworthy

2) I am not a motor trader.

3) The receipt clearly states sold as seen.

If their report does show that the vehicle is unroadworthy then you should be prepared to have to challenge this.

Quentin

neilmcl wrote: »

If their report does show that the vehicle is unroadworthy then you should be prepared to have to challenge this.

Why?


If it is now not roadworthy that is nothing to do with the private vendor.


Caveat emptor

Foxy-Stoat_3

Quentin wrote: »

Why?

If it is now not roadworthy that is nothing to do with the private vendor.

Caveat emptor

"If you bought the car from a private seller

If you bought the car from a private seller, it is unlikely your local Trading Standards service will take action. However, you could still take the seller to court yourself. Going to court can be expensive. Get independent advice before you go ahead."

"How can you tell if a car is unroadworthy?

A vehicle is unroadworthy if using it would cause danger to the driver, passengers, other road users or pedestrians. Common signs that a car may be unroadworthy include:

• headlights that don’t work
• faulty brakes
• cracked wing mirrors
• worn out tyres
• seatbelts that don’t work properly
• a faulty exhaust system."

^^^^^^^^^


Taken from the CAB web site.


The new owner should put it through an MOT test and see what happens, but even if it fails then it may or may not be dangerous.

Bit strange that first the buyer complained that the car has had accident damage and wanted to get some money off, now they are saying its unroadworthy and they are going to take to to be independently inspected.

Think they are weeing in the wind a little !

arcon5

What do you expect the guy to say? He's hardly gonna come in 'i know I have no rights, but pwetty please can you give me some money'. He's come in firmly stating what he wants, using scare tactics and standing tall so you cave in.

How can you respond? Well, how about:
http://forums.moneysavingexpert.com/showpost.php?p=67911279&postcount=7

If he contacts you again, ignore. But if you have to reply;
email - forward final response so all he receives is the exact same email everytime, he'll soon click on you are not paying him any attention.
text - "refer to previous email titled 'final response'"

Retrogamer

Foxy-Stoat wrote: »

"If you bought the car from a private seller

If you bought the car from a private seller, it is unlikely your local Trading Standards service will take action. However, you could still take the seller to court yourself. Going to court can be expensive. Get independent advice before you go ahead."

"How can you tell if a car is unroadworthy?

A vehicle is unroadworthy if using it would cause danger to the driver, passengers, other road users or pedestrians. Common signs that a car may be unroadworthy include:

• headlights that don’t work
• faulty brakes
• cracked wing mirrors
• worn out tyres
• seatbelts that don’t work properly
• a faulty exhaust system."

^^^^^^^^^


Taken from the CAB web site.


The new owner should put it through an MOT test and see what happens, but even if it fails then it may or may not be dangerous.

Bit strange that first the buyer complained that the car has had accident damage and wanted to get some money off, now they are saying its unroadworthy and they are going to take to to be independently inspected.

Think they are weeing in the wind a little !

No point with the MOT really.
You can pass an MOT with a car that isn't legal or safe to use on the road and vice versa.

As far as i'm aware it's a criminal offense to sell a car that's not roadworthy but not a civil offense.
I doubt the courts would care unless it was described wrongly or false information was given.

Otherwise all these advertisements of people selling cars as spares or repairs would be illegal as many of them have defects that would make them unsafe to use on the road.