Private sale help

DE_612183

Is the LBA from solicitors?

Mrs44474

No she's clearly typed it herself..?

sheramber

Which may be bluster  and she may go no further.

Manxman_in_exile

Mrs44474 said:

Could I ask what you would be advising me, if the shoe was on the other foot. 

If I came and said:

 I just bought a vehicle off of a private seller 3 weeks ago which broke down after a couple weeks, and it's been said to be the timing chain has broken.

Would you be advising just as youre advising me? Or would you be telling them to take it further?

I'm just trying to put myself in their shoes and I imagine everyone on their side of the argument is going to say we're in the wrong ripping them off. Which obviously I disagree with; we can't tell the future. 

As @user1977 and @pinkshoes have said, you would have got the same advice on the legal position whether you had bought or sold the car.  What makes you think the law would be different if you were the buyer rather than the seller?

You've already been told that as long as (1) you didn't knowingly misrepresent the car in any advert; (2) that you didn't knowingly tell any lies or conceal anything about it or its condition; and (3) that you answered any questions from the buyer honestly, then you have nothing to worry about.

If your buyers didn't want to test drive it and didn't want to ask you any questions about it, then more fool them.  In the absence of any dishonesty on your part it was their responsibility to satisfy themselves as to the condition of the car before they bought it.

You've also already been told multiple times that so long as you are confident that you have acted correctly as above, then ignore all further communication with them UNLESS and UNTIL you are notified by the court that they have issued a court claim against you.

NB - They might send you what is called a Letter Before Action (or Claim).  This is a procedural requirement that claimants must comply with before issuing a court claim.  Note that they must do it before issuing a claim, but it does not mean they actually will issue a claim against you - it is often used as a bluff or empty threat to bully you into paying up.  Do nothing unless and until you get notification from the court that they have actually issued a claim against you.

[Edit:  Cross-posted re Letter Before Action.  As above, a Letter Before Action does not mean they will sue - it might be an empty threat.  If you are happy that you have acted correctly througout this, ignore them until you receive a claim from the court.]

Mrs44474

I only asked because I rang citizens advice and they told me one thing, but she's been talking to trading standards, and they've told her another... 

I know... I am very confident that everything has been done correctly on our part and it's just a case of misfortune and negligence on their part; Not test driving, not getting someone to check it, not asking any questions.

I was aware a letter before action/claim was not to be ignored... so that's only why I asked. That is however only if it's from the courts or a solicitor? Is that right?

DE_612183

Don't trading standards only apply to businesses?

And you are not a business?

eskbanker

DE_612183 said:

Don't trading standards only apply to businesses?

And you are not a business?

And a consumer can only access Trading Standards via Citizens Advice anyway, who'd know that....

Ath_Wat

Mrs44474 said:

I only asked because I rang citizens advice and they told me one thing, but she's been talking to trading standards, and they've told her another... 

You only know she's told you she's been talking to Trading Standards and you don't know whether, even if she has, she's told them anything truthful - in fact you can be fairly sure either she hasn't talked to them or she's fed them a lot of rubbish, because if she asked Trading Standards about a private car sale they'd tell her it was nothing to do with them.

Mrs44474

DE_612183 said:

Don't trading standards only apply to businesses?

And you are not a business?

Thats what i thought? 

user1977

Mrs44474 said:

I was aware a letter before action/claim was not to be ignored... so that's only why I asked. That is however only if it's from the courts or a solicitor? Is that right?

It sounds like you had already answered the points raised in her letter anyway, I'm not sure there's much point sending a further reply. You don't get a "letter before action" from a court, it would be notification that the action has actually been raised which you'd get from a court - that's something you shouldn't ignore, if it ever turned up.