I sold my van now he wants money off

Grumpy_chap

kitch85 said:

No I said I would offer a full refund if he could prove the issue were present per purchasing, as he said nothing about the clutch or turbo until two days later I dont think I'm liable for them

How would the purchaser prove the faults were present prior to purchase without arranging an inspection / report?
This is vital new information that should have been shared much earlier.

So, we have the following situation:

• You have offered a full refund subject to report
• You offered £500 partial refund and they keep the vehicle
• Purchaser wants £700 to go away

There is only £200 difference between the two options (unless you want to go with the full refund and get the vehicle back - you stated clearly you do not want this final outcome).

How much effort do you want to expend negotiating between £500 and £700?

With this new information, it does not look as though the claim will go favourably for you at small-claims.  Maybe the best way forward is to find the quickest and lowest cost, least hassle way to conclude on a full and final settlement.

facade

I think if that email exists then the OP is going to lose.

Look at it like this:

The poor buyer is a sole trader, and all he wants is a working van so he can do his job.

The OP sells him a pup, admits in writing that he sold him a pup, and offers a full refund in writing if the trader gets a second opinion that confirms it is a pup.

The trader pays for this second opinion out of his own pocket, which means his poor children are now starving (he can't work remember, because the van is a pup)  

The second opinion confirms the OP sold him a pup.

The OP is now refusing to honour the offer he made before, even though the trader has acted in good faith, incurring further expense.

Doesn't matter what we might think about the game the trader is playing, that is likely how he will appear to the court.

OP we need to see the text of the emails that you sent (take any names out)

kitch85

No hes employed by a company he is not a sole trader, he turned up in his work van.
 you can prove pre existing that's what a test drive is for the clutch was fine on the test drive and the turbo boosted fine so why are there issues two days later

kitch85

Also the 30 days refund with proof of problems is a trading standards thing, but he has to prove that I sold him that van in that condition, he drove from essex to crowsbough kent and didnt mention the clutch or turbo and I know there was nothing wrong with them when I sold it 

Ganga

Meet him half way ,offer £600 as a final settlement and put it down to experience.

Advocado

Ganga said:

Meet him half way ,offer £600 as a final settlement and put it down to experience.

No way!

This email offer by the OP happened after the contract was formed (purchaser looked at van, was given opportunity to check van, chose to purchase van - purchase complete).

The OP is now being bullied by the purchaser and has been pushed into a corner and offered a 30 day return without fully understanding the legal implications.  They’re not a lawyer after all!

OP - if it was me I would write to them explaining that you’ve now taken advice and, under the law, they should have ensured the van was to their satisfaction before they completed the purchase.  

You’re withdrawing all offers of partial/full refunds and, should they continue with the court case, you’ll see them there.

You’re not a trader, you don’t owe them any guarantee or come-back.  If they wanted piece-of-mind, they should have paid the premium and bought from a legitimate dealer.

Advocado

Of course, this is all assuming this isn’t a B2B sale.  Might be different then.

kitch85

Is b2b back to back if so then no my wife has had the van since 2016 and its a 2013 plate we gave him all our service history plus van wise paperwork who owned it before. The mot history is spotless, it failed in july because of a faulty horn then passed the next day, the mechanic who did the mot has offered to send us the emissions report if it helps 

This is what I would want to say if I reply to his email

Hi 

Thank you for your email

I cannot except the van back at all, your actions have voided any mediation and here is why.

You took the van to a mechanic before talking to me so you have now resumed responsibility for any known and unknown issues.

After having the van for two days you say it has faults.

You have no proof that these were pre existing prior to purchasing and these would of presented themselves during the test drive, I made you aware of any issues that I was aware of.

How do I know what happened in those two days, the mechanic could of replaced or removed anything.

e.g. to check to see if a turbo is leaking it has to be removed, meaning i have no idea if that's the original turbo or not.

So any offer I made of returning the van is void and any offer of money back is void.

If you had spoken to me first  on the night of purchase we could of chosen a neutral garage for the van to be looked at.

You claim to be seeking a second opinion, but this is after your mechanic has had the van for a week who knows what he has done to the van, your second mechanic is only going to find potential faults that could of been caused by the first mechanic.

You send me legal quotes from an american website, you then take the van to a mechanic that you know without telling me, you threaten me with court proceedings, you then proceed to take me to court, you claim to seek a second opinion after owning the van for a week and now you are asking for money to settle out of court and close the case.

How can I trust a single word that comes from you let alone trust that I would receive the van back in the same condition I sold it to you in.

Jenni_D

Business to business - i.e. not a private sale.

AdrianC

B2B is business to business. If your wife owned the van to use for work purposes, then a swathe of consumer rights legislation doesn't apply.