Sold a vehicle that I have been told in unroadworthy

ontheroad1970

pinkshoes said:

If he does send a LBA, then just reply politely in writing with proof of postage:

The vehicle had an MOT carried out on <date> and passed with only one advisory.
The purchaser inspected the  vehicle on <date> and was happy with the vehicle. They also inspected the paperwork.
The purchaser was offered the opportunity to test drive the vehicle but declined and decided to purchase it.
This was a private sale of a private vehicle and I was not aware of any such defects at the point of sale, nor were any such defects present during the MOT just prior to the sale, and the purchaser did not find any such defects upon their thorough inspection of the car.


The reply saying their solicitor mentioned the "Sale of Goods Act" makes it more than clear that this is a chancer looking for some money back, as as even a retired solicitor would know this was replaced with CRA in 2015!

Though SOGA does still exist - I see this misunderstanding come up frequently.  The CRA hasn't replaced it, it supplements it.

Coop1234567890

Another letter through in the post today.

"We have not received a reply from our letter dated 22/11/21 regarding the unroadworthy vehicle bought in good faith from you on 31/10/21. Once again we request a full rufund and the vehicle collecting from the service station as we refuse to use an unsafe vehicle on a public highway to return.

The vehicle was sold misdescribed and advertised incorrectly under the consumer rights act 2015, hence the demand for a full refund.

We insist on a reply as soon as possible so we know you have received this letter. If you don't agree to the refund, then please detail why, as it seems conclusive that the vehicle should never have been sold as roadworthy with the full garage report we have listed a category of the defects.

If we don't receice a response from you within 7 days of the date of this letter (12/12/21), we intend to issue proceedings against you in the county court without further notice. This will increase you liabilty for costs.

We refer to the practice direction on pre action conduct under the civil procedure rules and in particular to paragraph 13-16 which sets out the sanctions the court may impose if you fail to comply with the practice direction"


Does anyone know civil procedure rules? 

Thanks

Grumpy_chap

Coop1234567890 said:

Another letter through in the post today.

"We have not received a reply from our letter dated 22/11/21 regarding the unroadworthy vehicle bought in good faith from you on 31/10/21. Once again we request a full rufund and the vehicle collecting from the service station as we refuse to use an unsafe vehicle on a public highway to return.

The vehicle was sold misdescribed and advertised incorrectly under the consumer rights act 2015, hence the demand for a full refund.

We insist on a reply as soon as possible so we know you have received this letter. If you don't agree to the refund, then please detail why, as it seems conclusive that the vehicle should never have been sold as roadworthy with the full garage report we have listed a category of the defects.

If we don't receice a response from you within 7 days of the date of this letter (12/12/21), we intend to issue proceedings against you in the county court without further notice. This will increase you liabilty for costs.

We refer to the practice direction on pre action conduct under the civil procedure rules and in particular to paragraph 13-16 which sets out the sanctions the court may impose if you fail to comply with the practice direction"


Does anyone know civil procedure rules? 

Thanks

You need to be absolutely sure that this is not a B2B transaction (what with it being a van). 

The wording of the letter seem to match the following template quite closely:
https://www.citizensadvice.org.uk/law-and-courts/legal-system/small-claims/Problems-with-goods---letter-before-court-action/

Coop1234567890

Grumpy_chap said:

Coop1234567890 said:

Another letter through in the post today.

"We have not received a reply from our letter dated 22/11/21 regarding the unroadworthy vehicle bought in good faith from you on 31/10/21. Once again we request a full rufund and the vehicle collecting from the service station as we refuse to use an unsafe vehicle on a public highway to return.

The vehicle was sold misdescribed and advertised incorrectly under the consumer rights act 2015, hence the demand for a full refund.

We insist on a reply as soon as possible so we know you have received this letter. If you don't agree to the refund, then please detail why, as it seems conclusive that the vehicle should never have been sold as roadworthy with the full garage report we have listed a category of the defects.

If we don't receice a response from you within 7 days of the date of this letter (12/12/21), we intend to issue proceedings against you in the county court without further notice. This will increase you liabilty for costs.

We refer to the practice direction on pre action conduct under the civil procedure rules and in particular to paragraph 13-16 which sets out the sanctions the court may impose if you fail to comply with the practice direction"


Does anyone know civil procedure rules? 

Thanks

You need to be absolutely sure that this is not a B2B transaction (what with it being a van). 

The wording of the letter seem to match the following template quite closely:
https://www.citizensadvice.org.uk/law-and-courts/legal-system/small-claims/Problems-with-goods---letter-before-court-action/

Nearly word for word. As far as I'm concerned it was a private sale, there must be a paper trail with DVLA from when I swapped ownership from business to personal. (are they obliged to reveal previous owners)

Do I need to respond now? 

Thanks.

Jenni_D

Dear buyer of my former vehicle in a private (consumer) transaction,
This is the Xth alleged Letter Before Claim that you have sent me. If you believe your claim is so strong, just get on with it!
See you in court

Yours faithfully
Etc.

Change Xth to whatever count of letters this is

 

Aretnap

Jenni_D said:

Dear buyer of my former vehicle in a private (consumer) transaction,
This is the Xth alleged Letter Before Claim that you have sent me. If you believe your claim is so strong, just get on with it!
See you in court

Yours faithfully
Etc.

Change Xth to whatever count of letters this is

 

Or to put it into formal legal language:

"Please either **** or get off the pot."

caprikid1

If you can demonstrate the sale is as outlined then at this point the response can be one of two.

1. No Response at all
2. As the claimant seems determined to use uneducated internet folklore then a more appropriate response might be that as given in Arkell v Pressdram.

Arkell v. Pressdram – Letters of Note

Bradden

I'd be tempted to refer them to the Arkell v. Pressdram case. in your response. :-)

sheslookinhot

Another one for the bin. Get on with life and don’t waste your time thinking about a response.

neilmcl

Anyone care to take bets that the OP will eventually cave in.