Sold a vehicle that I have been told in unroadworthy

Coop1234567890

Grumpy_chap said:

Maybe the purchaser thinks that the letter last Friday was an LBA and therefore "going legal" will be registering the claim at small claims.  It is possible there won't be any Solicitor involved.  Is that (Solicitor) purely inferred from previous comments by the buyer as reported by the OP?

This is the wording on the letter.

"With reference to our text messages, and failure to reply, we now state in this correspondence that the above vehicle was sold in an unroadworthy condition and unfit for the sale as what it was described as due to the mechanical defects redering it being classed as unsafe to drive on the public highway. We now wish to persue our rights under the sale of goods act 1979 for a full refund of the amount spent on purchase.

Would you please also note the vehicle is in a garage compound, due to it being unsafe to drive and has been stored there since 9/11/21, the garage has informed us that a storage charge will be applied from 22/11/21.

The vehicle fuel light appeared just after purchase and due to the fuel cap being inoperable, fuel cannot be added, we are advising you of this upon your collection of the vehicle. However prior to this, a full refund will be expected.

Please reply within 7 days of this letter, as this is the second and last correspondance before an LBA."

Below is the description I wrote for the vehicle to sell on Facebook Market place.

2011 Transit. 85T260, MOT November 2022. 2.2L 136000 miles. Roof rack, ply lined, tow bar. Recent work done includes new turbo, new injector seal, new cam shaft cover, new EGR valve, new pads and discs. Good runner. Sometimes a lazy starter but does start. Regular services. Selling as now supplied with work van.

Cheers.

Grumpy_chap

Coop1234567890 said:

This is the wording on the letter.

"With reference to our text messages, and failure to reply, we now state in this correspondence that the above vehicle was sold in an unroadworthy condition and unfit for the sale as what it was described as due to the mechanical defects redering it being classed as unsafe to drive on the public highway. We now wish to persue our rights under the sale of goods act 1979 for a full refund of the amount spent on purchase.

Would you please also note the vehicle is in a garage compound, due to it being unsafe to drive and has been stored there since 9/11/21, the garage has informed us that a storage charge will be applied from 22/11/21.

The vehicle fuel light appeared just after purchase and due to the fuel cap being inoperable, fuel cannot be added, we are advising you of this upon your collection of the vehicle. However prior to this, a full refund will be expected.

Please reply within 7 days of this letter, as this is the second and last correspondance before an LBA."

Below is the description I wrote for the vehicle to sell on Facebook Market place.

2011 Transit. 85T260, MOT November 2022. 2.2L 136000 miles. Roof rack, ply lined, tow bar. Recent work done includes new turbo, new injector seal, new cam shaft cover, new EGR valve, new pads and discs. Good runner. Sometimes a lazy starter but does start. Regular services. Selling as now supplied with work van.

Cheers.

I don't really know what an LBA should say - I am sure others can advise.

If I received that, I would not treat it as an LBA.

I read that as a load of nonsense - have all those faults now mentioned even been advised before (I don't recall reading about the fuel cap earlier in the thread)?

The buyer (if they were to become a claimant) is obligated to minimise costs, so storing it in a charging compound is unlikely to achieve that.

I would still say to just ignore.

GrumpyDil

KCoop1234567890 said:

"Please reply within 7 days of this letter, as this is the second and last correspondance before an LBA."

Clearly even the purchaser doesn't think what he has sent so far constitutes an LBA. 

Herzlos

2011 Transit.

Wait, this is a van? Definitely sold privately and not business to business?

k3lvc

Coop1234567890 said:

I sold the car in good faith, obviously presuming the the very recent MOT proved that the car was ok. The car had only done 100 miles since the MOT was issued. 

Any advice would be greatly appreciated. I can't afford to refund the money as now bought car for son.

Thank you.

@Herzlos According to the first post it was definitely a car ??

Advocado

Herzlos said:

2011 Transit.

Wait, this is a van? Definitely sold privately and not business to business?

Ply lined transit? Commercial vehicle. B2B.

 I’ll put money on it.

caprikid1

Really ? Can you confirm OP the VAN was owned / used as a business vehicle ? If so this is quite different.

caprikid1

Guest opinion: Commercial vehicle sales: No consumer rights?? | Market Insight (am-online.com)

"Paragraph 2(4) of the new law makes it clear that the burden of proof for business buyers seeking to rely on the consumer rights act lies firmly with them, following the maxim “he who asserts must prove.”

I have friends who have business / are builders who have Vans and also friends who are Motorcyclists etc who have transits. Which are you !.

Herzlos

"Selling as now supplied with work van." Makes it sound like s/he had a privately owned van used for work, which was now replaced by a proper works van. But it doesn't fit in with the original post which is talking about getting a smaller car.

It's not unheard of for people to have vans privately (we're looking into it for bikes and camping stuff), but if it's a commercial vehicle it changes things a bit (though I think in the OPs favour).

[Deleted User]

Coop1234567890 said:

Grumpy_chap said:

Maybe the purchaser thinks that the letter last Friday was an LBA and therefore "going legal" will be registering the claim at small claims.  It is possible there won't be any Solicitor involved.  Is that (Solicitor) purely inferred from previous comments by the buyer as reported by the OP?

This is the wording on the letter.

"With reference to our text messages, and failure to reply, we now state in this correspondence that the above vehicle was sold in an unroadworthy condition and unfit for the sale as what it was described as due to the mechanical defects redering it being classed as unsafe to drive on the public highway. We now wish to persue our rights under the sale of goods act 1979 for a full refund of the amount spent on purchase.

Would you please also note the vehicle is in a garage compound, due to it being unsafe to drive and has been stored there since 9/11/21, the garage has informed us that a storage charge will be applied from 22/11/21.

The vehicle fuel light appeared just after purchase and due to the fuel cap being inoperable, fuel cannot be added, we are advising you of this upon your collection of the vehicle. However prior to this, a full refund will be expected.

Please reply within 7 days of this letter, as this is the second and last correspondance before an LBA."

Below is the description I wrote for the vehicle to sell on Facebook Market place.

2011 Transit. 85T260, MOT November 2022. 2.2L 136000 miles. Roof rack, ply lined, tow bar. Recent work done includes new turbo, new injector seal, new cam shaft cover, new EGR valve, new pads and discs. Good runner. Sometimes a lazy starter but does start. Regular services. Selling as now supplied with work van.

Cheers.

Clearly whoever wrote this has no clue.

The Sale of Goods Act is old law, it was superseded by the Consumer Rights Act. That act only applies to business to consumer sales, not private sales, so is completely irrelevant here.

I'd just ignore it. If they do try Small Claims Court they will lose, and you will be able to claim your costs from them.

They are just hoping you panic.