Sold my van and accused of unroadworthy sale

cartastrophy

Hi, I posted an advert and I sold my 'VW T4 Day van' to a young guy who examined it thoroughly, underneath bodywork engine, the lot. .He said he knew a lot about cars and had worked on them. He paid a deposit and returned the following day. Surprisingly the father examined it again, thoroughly and everywhere. The balance was paid and they took it away. The van had 5 months MOT left and I described it as a good runner.
I also said in my advert that I was not able to answer mechanical questions and that buyers should come and have a look.
A few days later I received photos of the floor of the van with comments that it was unroadworthy and dangerous. I have now received photos and a letter threatening legal action for selling a dangerous vehicle. Apparently it has been 'examined' The photos show that the lining and ply floor in the rear have been removed). They want a total refund or to buy for £400. They say that they have been to Citizens advice and I am liable under the Road Traffic Act.
I contacted the RAC legal help who said that I did not appear to mislead in the advert and that I was not liable under for selling with a misleading statement of for saying that it was something it wasn't.
I am really concerned about the road traffic act offence and If it is unroadworthy( I thought that it was a good runner with MOT left which said slight corrosion to some parts underneath).

I have covered a very small mileage since the MOT.
Can anyone advise me. The road traffic act is worrying me immensely. It seems to be a Police offence and more serious. Also who would qualify as a person to report on a dangerous vehicle?
I have lots more questions but thats it for now. It is very distressing. I never intended to sell an unroadworthy or dangerous vehicle.

isplumm

I assume you weren't selling this as part of a business?

So as long as the ad is correct then it is buyer beware - so ignore them!

Mark

parking_question_chap

If it were me I would be inclined to ignore and not respond unless they actually take legal action.

Sound like chancers.

AndyMc.....

isplumm wrote: »

I assume you weren't selling this as part of a business?

So as long as the ad is correct then it is buyer beware - so ignore them!

Mark

You do know that selling a unroadworthy vehicle applies to private sellers too?


OP, it's a common scan, if you honestly described the vehicle then ignore them.

Car_54

isplumm wrote: »

I assume you weren't selling this as part of a business?

So as long as the ad is correct then it is buyer beware - so ignore them!

Mark

So far as any civil claim is concerned, you are right.

However, selling an unroadworthy vehicle is a criminal offence. But reporting you to the police would be of no benefit to the buyer, so it's pretty unlikely.

gardner1

" examined it thoroughly, underneath bodywork engine, the lot"
"Surprisingly the father examined it again, thoroughly and everywhere"

I think you've nothing to worry about.....chancers

As a matter of interest how old was the van

waamo

It's interesting they are willing to take possession of this "death trap" for £400.

That's their real agenda.

Brummie85

It sounds like they are trying it on with you really.

You gave them ample opportunity to examine the vehicle on two occasions. They basically made out like they are enthusiastic/DIY mechanics with knowledge of working on vehicles and they were happy to take the van away after looking at it.

From MAS (Money Advice Service)- Buying a used vehicle from a price seller.

"Buying privately is the the riskiest ways of buying a car. If something goes wrong with it you don’t have as much legal protection as you would if you’d bought the car from a dealer.

The car must match the seller’s description, be roadworthy and the seller must have the legal right to sell it to you.

In other words, the car must work, meet the legal requirements for being driven on public roads, and be owned by the seller.

But you are responsible for ensuring the car is “of satisfactory quality’’ and “fit for purpose” before you buy it.

Watch out for any unscrupulous sellers pretending to be private owners so they can offload faulty or stolen cars."

You sold the vehicle with a valid MOT and genuinely not knowing about any other significant issues. Have they actually described the fault they are complaining about, or are they just saying it is dangerous, giving you a line about the RTA offence and asking for a massive discount to keep it?

Personally I would reply to them and remind them that they inspected the vehicle twice before taking it. Private car sales are at the buyers peril - as I found out to my own expense a few years back. I bought a 206 which seemed too good to be true.But within a few weeks it was on the way to the scrap head because the piston rings in the engine were bent and it was never going to pass the MOT.

unholyangel

If they've been to citizens advice then citizens advice should have told them that its trading standards who prosecute for this but that TS have a policy of not prosecuting private sellers.

Also, only certain things make a car unroadworthy. Things concerning the steering, brakes and tyres for example. So what exactly are they alleging is wrong with the floor?

Norman_Castle

The photos show that the lining and ply floor in the rear have been removed).

Presumably unless these had been fitted recently or while in your ownership you wouldn't know what was underneath.

foxy-stoat

Post up the photos, just to see how dangerous it is and if you could of known about the fault.