Private car sale - urgent

m0bov

I really would'nt enter into an exchange of letters about this and that. Just prolonging it.

naedanger

loufrance wrote: »

Thanks everyone.


I am going to reply to the letter, I want to be cooperative and would also like a chance to defend myself against some of the points she has made.




I was wondering in the letter if I should mention something about further contact? If I send a letter and she responds I don't want to keep having to reply (unless of course its legal documents.)

My suggestion is you keep it very brief e.g.

Thank you for your letter of xx/xx/xx.

I believe the car was as described when I sold it. Furthermore I had the car inspected and valued by Evans Halshaw (car garage) a week before the sale took place and they found no evidence of any [significant] faults.

I hope you therefore appreciate that I do not accept any liability for the repairs you say are now necessary.

I do not intend to reply to any further correspondence on this matter unless it contains significant new information.

Yours sincerely

---

If you want you could rebut each of her material points but keep the answers very brief and don't say anything she could deny - so don't mention anything you said to her when you spoke to her unless you have evidence of what you said.

For that reason be very careful about the rear door problem. I believe you only became aware of the problem when she mentioned it and then you offered her a discount. Do not relate this conversation. As you are then admitting you knew about this problem when she bought the car. And she might deny you mentioned it to her.

PS The purpose of the last sentence in the draft letter is to enable you to ignore any further correspondence other than if she sends a "letter before action".

s_b

loufrance wrote: »

Thanks everyone.


I am going to reply to the letter, I want to be cooperative and would also like a chance to defend myself against some of the points she has made.




I was wondering in the letter if I should mention something about further contact? If I send a letter and she responds I don't want to keep having to reply (unless of course its legal documents.)

i like others who have been down the small claims route have advised you to not reply until you get the letter before action

there is a reason for this

rhodod

Sold as seen. I wouldn't worry about it.

loufrance

Can you explain what the reason is for why is shouldn't reply?

Ectophile

loufrance wrote: »

Can you explain what the reason is for why is shouldn't reply?

If you don't say anything, you can't incriminate yourself.

marcarm

Plus if you keep replying, then she will keep sending letters as she knows she will get a response.

philatio

You don't NEED to respond at this stage. It will just turn into a slanging match that will further stress you out.

You sold a car with a valid MOT. You even discounted for the door thing.
SHE IS TRYING IT ON. If you enter into a back-forth correspondence with her, she'll grind you down and next thing you know you'll be giving her half her money back.

If you feel you really must respond to her letter...

Dear XXX
The car was sold as seen with a valid MOT. If you wish to take the matter further please do so in a formal legal way. Otherwise I consider the matter closed and will not respond to any further correspondence.

What ever you do, do NOT start responding to the individual 'faults' she describes in her letter. You don't need to. They are not your concern. Its not your car.

loufrance

Hi All - I ignored the first letter and she has now sent me two further letters which are exactly the same, I have drafted a response to get rid of her - any advice on this?




Thank you for your recent letter regarding the MOT failure, after the sale of the above mentioned vehicle.
As the vehicle presented no mechanical issues whilst being driven pre-sale, and I do not hold any mechanical training, I simply was not aware of these issues at the point of sale.
I would also like to inform you that the Vehicle was independently valued on 9th January 2016 at which point no significant faults were recorded and brought to my attention.
I have reviewed the reasons for failure on the MOT dated 9th February 2016 and have observed that none of these items were declared as an advisory on the previous MOT dated 2nd February 2015.
You have noted in your letter that a reason for failure was centre front Exhaust has a major leak of exhaust gases (7.1.2) and have suggested that this is something I was aware of.
This was not an issue I was aware of.
On the MOT dated 22nd January 2014 (2 years prior to sale) I was advised the Centre Exhaust has a minor leakof exhaust gases (7.1.2) this was only a minor issue, and therefore an advisory NOT a reason for failure.
However this issue was later repaired; hence why this was not declared in the following MOT dated 31 January 2015 (1 year prior to sale)
You have also noted in your letter that a further reason for failure was nearside rear passenger door cannot be opened from outside the vehicle (6.2.B.1c) As stated in your letter, a conversation took place between you and on the sale date and it was discussed that the rear door handles stick.
You asked me if would be willing to reduce the sale price

“Considering I will have to do some work on the car”.
As a gesture of goodwill I offered to discount the sale price by £200 (£1,300 to £1100) which you were happy to accept.
As stated in your letter, on the date of sale, both you and your partner used the rear doors on the test drive and you were happy with the condition, enough to commence with sale.
You have mentioned in your letter that I appeared “nervous and suspicious” during our test drive, this leads me to seriously question why you would commence with the sale of the car had you genuinely thought this of me.
In your letter you have requested that I provide you with 50% of the cost of the MOT repairs, I have considered your request, and will not be offering anything towards these costs.
The reason being, as previously stated I was not aware of these issues prior to the sale, and I had already lowered the sale price by £200 for the issues previously discussed, which I feel is a fair and reasonable reduction.
The vehicle was sold to you on 16th January 2016, however you did not make contact with me to discuss any faults until the 9th February 2016, at which point the vehicle had been presented for an MOT test and had reasons for failure.
This clarifies that you drove the vehicle for a period of three weeks and 3 days unaware of any mechanical faults. This also indicates that the reasons for failure did not present themselves in a way which either you or myself could possibly have been aware of without the necessary mechanical training / knowledge.
I now consider this matter closed and therefore politely request that you refrain from sending me further correspondence unless this is sent via a legal channel.

Many Thanks.


edit - should I maybe cut out the middle section about the failures and just leave the rest in?

wealdroam

loufrance wrote: »

Hi All - I ignored the first letter and she has now sent me two further letters which are exactly the same, I have drafted a response to get rid of her - any advice on this?

My response would be somewhat simpler:

Dear whoever,
Thank you for your recent letter.

The vehicle was described by me as accurately as possible and you satisfied yourself on the condition prior to the sale.

Any further communication along these lines will be considered harassment and appropriate action will be taken.

Yours etc.