Sold a vehicle that I have been told in unroadworthy

jimjames

Saus007 said:

I have had a similar situation, but it turned out worse!  My daughter sold her car three days after a service, where it was road tested and had just passed its MOT.  The buyer did not drive the car, but examined it and paid Paypal.  Three weeks later she said it was unroadworthy and a dispute was raised with Paypal.  Apparently as she paid Paypal with a credit card, they refunded her money and the money was deducted from my daughter's Paypal account.  We have not been given until Friday to collect they car, which apparently will require a recovery vehicle as they say it is unroadworthy.  Fraud Action not interested, Paypal not interested, Citizens Advice hopeless.  Concerned that if we do collect the car, are we accepting responsibility.  If we don't collect the car she has no car, no money and it could be scrapped!

Definitely a very good warning not to accept Paypal as a method of payment for a car or similar high value goods that are collected. Perfect scam to find a car with parts you want, buy it, remove parts and then reject it getting your money back.

Hope you get it resolved but I suspect you will need to collect the car to sell again for any money back

NBLondon

Saus007 - the problem you have is that PayPal have refunded without you being allowed to defend the buyer's claim.   Follow Soolin's advice on your other thread by challenging PayPal again.  

How did you sell the car?  (Facebook, small ads in local paper?)    If the buyer collected it from you and drove it away, then they need to return it to you to get the refund.   If, as jimjames warns above, it has since been damaged by the buyer or they have removed a working part to put in another car they own - you will need to inspect it on arrival.

If you are confident that the vehicle was roadworthy then perhaps a Letter Before Action to the buyer is the next step since they have not paid for their purchase.

I don't see how the buyer can scrap the vehicle - if they have accepted the refund from PayPal - they are admitting it is no longer their property.  Should they wilfully scrap another person's property - them you should win if you take them to court.

facade

Cars aren't covered under Paypal buyer protection. Most likely, the buyer successfully applied a charge-back on Paypal through their bank, so Paypal removed the funds from the seller, which doesn't seem right to me, but is no doubt part of Paypals terms..

Coop1234567890

Mutton_Geoff said:

Coop1234567890 said:

Excessive play in both front link bars
One front wheel bearing excessive play
Rear brake discs warped
A couple of slight oil leaks

Any a few other cosmetic things.

Sounds like you're still in dialogue with them. Don't!

Im only receiving texts, not replying at all.

Coop1234567890

Update.

Today I received the following text message.

"I spoke with solicitor today and he advised that I let you know before he starts the charging process of writing letters, under the sale of goods act 1979, we wish to reject the vehicle and insist on a full refund due to the list of defects found by the garage which catorgorises the vehicle to be unsafe and unroadworthy. They have asked me to ask you if you wish to use an ADR and also to advise you to respond with your reply within 7 days of this notice. They have also asked me to contact trading standards and explain the case."

My thoughts.

1. Is a text the correct way to ask for a response within 7 days or should it be in a formal letter? (is a text legally binding)
2. From what I can see online, an ADR (alternative dispute resolution) is between consumer and trader. I'm not a trader, this was a private sale. Am I correct in thinking this?
3. Do trading standards get involved with private matters? 
4. Does the sale of goods act cover private sales?

I have not responded to the message. The buyer must think they have a case against me. Losing a lot of sleep over this. 

Thanks all.

caprikid1

Coop1234567890 said:

Update.

Today I received the following text message.

"I spoke with solicitor today and he advised that I let you know before he starts the charging process of writing letters, under the sale of goods act 1979, we wish to reject the vehicle and insist on a full refund due to the list of defects found by the garage which catorgorises the vehicle to be unsafe and unroadworthy. They have asked me to ask you if you wish to use an ADR and also to advise you to respond with your reply within 7 days of this notice. They have also asked me to contact trading standards and explain the case."

My thoughts.

1. Is a text the correct way to ask for a response within 7 days or should it be in a formal letter? (is a text legally binding)
2. From what I can see online, an ADR (alternative dispute resolution) is between consumer and trader. I'm not a trader, this was a private sale. Am I correct in thinking this?
3. Do trading standards get involved with private matters? 
4. Does the sale of goods act cover private sales?

I have not responded to the message. The buyer must think they have a case against me. Losing a lot of sleep over this. 

Thanks all.

lol. Clearly he did not SPEAK to a solicitor

The Sale of Goods Act has been replaced by the Consumer Rights Act. The Consumer Rights Act came into force on 1 October 2015. The Consumer Rights Act has made some changes to your rights to return faulty goods and get a refund, replacement or repair, and gives you new rights when you buy digital content.

Sale of Goods act if it was current does not apply to a private sale of this nature, FOXTROT Oscar.

There is no right of rejection under any legislation for a private sale that I am aware of , CHANCER and LIAR

GrumpyDil

Nope, he's trying it on.

If he is absolutely adamant he has a case he will have to take you to court. Assuming the car was sold for less than 10000 then he will be unable to recover any legal costs.

I'm also intruiqued by the reference to SOGA which has been largely replaced and the fact that in a private car sale it is definately caveat emptor. His oportunity to check the car came before he purchased it not afterwards. 

ontheroad1970

Coop1234567890 said:

Update.

Today I received the following text message.

"I spoke with solicitor today and he advised that I let you know before he starts the charging process of writing letters, under the sale of goods act 1979, we wish to reject the vehicle and insist on a full refund due to the list of defects found by the garage which catorgorises the vehicle to be unsafe and unroadworthy. They have asked me to ask you if you wish to use an ADR and also to advise you to respond with your reply within 7 days of this notice. They have also asked me to contact trading standards and explain the case."

My thoughts.

1. Is a text the correct way to ask for a response within 7 days or should it be in a formal letter? (is a text legally binding)
2. From what I can see online, an ADR (alternative dispute resolution) is between consumer and trader. I'm not a trader, this was a private sale. Am I correct in thinking this?
3. Do trading standards get involved with private matters? 
4. Does the sale of goods act cover private sales?

I have not responded to the message. The buyer must think they have a case against me. Losing a lot of sleep over this. 

Thanks all.

This is all the normal situation I'd expect from a solicitor called into for one of those 30 minute free first consultation.  Trading Standards will not take any action as you are not a trader.  I am not a lawyer but I don't think that the Sale of Goods Act applies to private sales.  Continue to ignore but monitor your post.  

Plus not all solicitors have a clue about laws that aren't their speciality.  

caprikid1

"Plus not all solicitors have a clue about laws that aren't their speciality." Sounds like this one deals with Probate or Conveyancing !

The_Fat_Controller

Do not reply and block them asap.