I sold my van now he wants money off

kitch85

Yes I sent him an email with the 30 days with proof in that email, this was before I found out he used legal quotes from an american website, before I found out he took the van to a friend

And there is no way I'm a trader at all it was advertised as a private sale we've owned the van since 2016 there is no way anyone could prove otherwise 

AdrianC

kitch85 said:

AdrianC said:

kitch85 said:

No it was a private  to private sale 

So your wife never used the van for work purposes?

And you sold it to a private buyer, not the motor trader you've been telling us all along you sold it to?

What motor trader ?

A very good point. I'm getting my threads confuzzled.

But - as with the wife - if the buyer bought it to use for work, it's not a consumer purchase.

kitch85

Why is it not, what does it matter to me what he uses it for ?

AdrianC

Simple - because CONSUMER rights legislation does not apply to business purchases. It only applies to CONSUMER purchases.

powerful_Rogue

Wasn't there a long thread on here about a van/motorhome where we all thought the buyer was trying it on, said the seller had nothing to worry about. Went to the Small Claims Court and they buyer won. Wish I could find the link.

kitch85

So are you saying that he's in the wrong because he bought a private van to use for business, as far as I'm aware he hasnt even started his own business yet, 

I don quite understand what you are getting at sorry

Grumpy_chap

kitch85 said:

I’m happy to drop the Court Case and take £700.00. £200 more than you offered me.

Alternatively with your email stating: with a full report done on the vehicle you will offer a full refund within 30 days. This is all I’ve got to produce in court.

kitch85 said:

Yes I sent him an email with the 30 days with proof in that email, 

Given that confirmation, which is absolutely critical to the whole scenario and should have been shared much earlier, I think the small-claims will assess the balance of probabilities that you sold the van as a Trader, or at least acted in a way that the purchaser had the honest belief that you were a Trader.

You can protest that you are not a Trader, but you will be trying to prove a negative.  Very difficult to do.

Really, the best thing now is to pay the £700 and move on.

kitch85

powerful_Rogue said:

Wasn't there a long thread on here about a van/motorhome where we all thought the buyer was trying it on, said the seller had nothing to worry about. Went to the Small Claims Court and they buyer won. Wish I could find the link.

Well this makes me feel better 

ontheroad1970

kitch85 said:

powerful_Rogue said:

Wasn't there a long thread on here about a van/motorhome where we all thought the buyer was trying it on, said the seller had nothing to worry about. Went to the Small Claims Court and they buyer won. Wish I could find the link.

Well this makes me feel better 

County Courts do not set precedents.  A different judge will make his own judgement based on the facts in front of them.  I can't help thinking that the written offer of a 30 day return/and £500 off is going to bite you on the posterior if it goes to court.  You offered a resolution then withdrew it unilaterally may be the view gained from this.

Grumpy_chap

kitch85 said:

powerful_Rogue said:

Wasn't there a long thread on here about a van/motorhome where we all thought the buyer was trying it on, said the seller had nothing to worry about. Went to the Small Claims Court and they buyer won. Wish I could find the link.

Well this makes me feel better 

Well, it shouldn't:

powerful_Rogue said:

buyer won. 

The OP has posted as the seller.