Trader part ex refund
Discussion
Firstly, sorry if this is the wrong section.
I recently sold my car to a small driveway trader. It was advertised via a online private seller to buyer/trader platform with a known fault. Trader aware of fault, although all convo was via phone so no proof. Trader bought car, test drove it and paid, no contract/paperwork exchanged, just a bank transfer.
Couple of days later, trader phoned to say they wanted a refund as the fault was worse than they thought. Claiming I never said about the fault and they had phoned around the local garages, to which they found one where I had gone for the fault to be diagnosed/looked at before (Paperwork for it was with the car history which I handed over to the trader!).
With the threat of give them a refund, or they'll involve trading standards, where do I stand, I don't feel i've misled them, as I made them aware of the fault (although again all are convo's were via phone) and there is the paperwork from the garage about the fault with the car. On the other hand, there is no paperwork that I signed saying the car was 100% perfect.
Thanks in advance
H
I recently sold my car to a small driveway trader. It was advertised via a online private seller to buyer/trader platform with a known fault. Trader aware of fault, although all convo was via phone so no proof. Trader bought car, test drove it and paid, no contract/paperwork exchanged, just a bank transfer.
Couple of days later, trader phoned to say they wanted a refund as the fault was worse than they thought. Claiming I never said about the fault and they had phoned around the local garages, to which they found one where I had gone for the fault to be diagnosed/looked at before (Paperwork for it was with the car history which I handed over to the trader!).
With the threat of give them a refund, or they'll involve trading standards, where do I stand, I don't feel i've misled them, as I made them aware of the fault (although again all are convo's were via phone) and there is the paperwork from the garage about the fault with the car. On the other hand, there is no paperwork that I signed saying the car was 100% perfect.
Thanks in advance
H
Have a read of the PH Wiki on the subject: https://www.pistonheads.com/gassing/topic.asp?h=0&...
Riley Blue said:
Have a read of the PH Wiki on the subject: https://www.pistonheads.com/gassing/topic.asp?h=0&...
Thank you but that’s all sales to private buyers, mean might be the same if sold to traders, but unsure hence asking scsracing said:
Thank you but that’s all sales to private buyers, mean might be the same if sold to traders, but unsure hence asking
There are no special consumer laws that give car traders additional rights (when buying a car) over and above those enjoyed by a private buyer. What matters is the status of the person selling the car.Edited by markjmd on Tuesday 16th April 21:13
markjmd said:
There are no special consumer laws that give car traders additional rights (when buying a car) over and above those enjoyed by a private buyer. What matters it the status of the person selling the car.
Ah ok thank you. I’m 100% a private seller, had the car for 3 years, so I’d be the worst dealer going if it was ‘stock’. I bought a dodgy car off a trader once.
Trading standards told me he'll just start a new business which i did.
I asked for advice RE selling the car, they told me to sell it to a trader or trade it in, as they value the car and give you a price based on their appraisal. nothing he can do with TS
Trading standards told me he'll just start a new business which i did.
I asked for advice RE selling the car, they told me to sell it to a trader or trade it in, as they value the car and give you a price based on their appraisal. nothing he can do with TS
Trading standards would do nothing. For a start they only investigate commercial organisations. Secondly they don't pursue individual cases, if I recall correctly.
He has no rights providing you did not fundamentally misrepresent the vehicle (which it does not sound like you did). A judge would anyhow deem him to be the expert.
Next time they call, clearly state that had every opportunity to test and inspect it, it was sold with no warranty with all paperwork that you had and any further communication will need to be via his solicitor or in court.
Any further communication from him you may be consider to be harassment.
I am not a lawyer.
He has no rights providing you did not fundamentally misrepresent the vehicle (which it does not sound like you did). A judge would anyhow deem him to be the expert.
Next time they call, clearly state that had every opportunity to test and inspect it, it was sold with no warranty with all paperwork that you had and any further communication will need to be via his solicitor or in court.
Any further communication from him you may be consider to be harassment.
I am not a lawyer.
scsracing said:
Riley Blue said:
Have a read of the PH Wiki on the subject: https://www.pistonheads.com/gassing/topic.asp?h=0&...
Thank you but that’s all sales to private buyers, mean might be the same if sold to traders, but unsure hence asking Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff


