Please help! I Sold a car and buy wants refund
Please help! I Sold a car and buy wants refund
Author
Discussion

namkcir

Original Poster:

10 posts

143 months

Sunday 9th November 2014
quotequote all
Hi

I have a trade policy on my vehicle insurance as I buy and sell some cars occasionally. In this instance I bought a car for my girlfriend (on my trade policy from the auction, so I did not transfer the register keeper), she decided it looked a bit too 'boyracery' so I was forced to sale the vehicle, at a loss frown

When I bought the car from auction it said milage was not warranted on the sale details.

Yesterday I agreed to sale. They came and took the car for a test drive the day before, went away did their checks, came back and bought the car, after checking the documents (MOT and V5). The milage changed in the passed mots by 5k last year and it didnt make sense. I didnt do any of this as it was past MOT's

The buyer took the car away, Sold As Seen' and something went wrong with the clutch and they broke down. They then check the MOT doc and said that the milage had been changed. Due to all of these circumstances they said they want their money back. I said unfortunately the car was sold as seen. They said the are contacting trading standards.

I have contacted the police as the have been sending me threatening messages, saying they will be coming round my house etc

Where do I stand with this?

I feel bad but I also feel it is not my fault, they tested the car, did their check and it was sold as seen.


itcaptainslow

4,783 posts

166 months

Sunday 9th November 2014
quotequote all
"Buy & sell cars occasionally"...so you're a trader then?

The outcome of this situation will have vast differences between a trade vendor and a private vendor. Strikes me that you're a trader, so the SoGA applies and there's no such thing as "Sold as seen" from a trader unless to another trader or explicitly for spares & repair only.

750turbo

6,164 posts

254 months

Sunday 9th November 2014
quotequote all
namkcir said:
Hi

I have a trade policy on my vehicle insurance as I buy and sell some cars occasionally. In this instance I bought a car for my girlfriend (on my trade policy from the auction, so I did not transfer the register keeper), she decided it looked a bit too 'boyracery' so I was forced to sale the vehicle, at a loss frown

When I bought the car from auction it said milage was not warranted on the sale details.

Yesterday I agreed to sale. They came and took the car for a test drive the day before, went away did their checks, came back and bought the car, after checking the documents (MOT and V5). The milage changed in the passed mots by 5k last year and it didnt make sense. I didnt do any of this as it was past MOT's

The buyer took the car away, Sold As Seen' and something went wrong with the clutch and they broke down. They then check the MOT doc and said that the milage had been changed. Due to all of these circumstances they said they want their money back. I said unfortunately the car was sold as seen. They said the are contacting trading standards.

I have contacted the police as the have been sending me threatening messages, saying they will be coming round my house etc

Where do I stand with this?

I feel bad but I also feel it is not my fault, they tested the car, did their check and it was sold as seen.
Just in case...

This should be interesting...

A900ss

3,314 posts

182 months

Sunday 9th November 2014
quotequote all
Troubleatmill said:
Sold as seen - means tough titties. (for them)

Ignore all requests.


We need a sticky for this - it comes up every month.
Not true for a dealer......

Troubleatmill

10,210 posts

189 months

Sunday 9th November 2014
quotequote all
A900ss said:
Troubleatmill said:
Sold as seen - means tough titties. (for them)

Ignore all requests.


We need a sticky for this - it comes up every month.
Not true for a dealer......
Agreed. I sped read through that and missed it. I deleted my post. You got me though smile

poing

8,743 posts

230 months

Sunday 9th November 2014
quotequote all
itcaptainslow said:
"Buy & sell cars occasionally"...so you're a trader then?

The outcome of this situation will have vast differences between a trade vendor and a private vendor. Strikes me that you're a trader, so the SoGA applies and there's no such thing as "Sold as seen" from a trader unless to another trader or explicitly for spares & repair only.
Exactly as I see it. You should probably refund them and take it on the chin, part of the cost of being a trader in my mind. Wouldn't they have a 30 day SOG cover when buying from a trader?

anonymous-user

84 months

Sunday 9th November 2014
quotequote all
namkcir said:
Hi

I have a trade policy on my vehicle insurance as I buy and sell some cars occasionally. In this instance I bought a car for my girlfriend (on my trade policy from the auction, so I did not transfer the register keeper), she decided it looked a bit too 'boyracery' so I was forced to sale the vehicle, at a loss frown
Oh really......scratchchin

Shaw Tarse

31,896 posts

233 months

Sunday 9th November 2014
quotequote all
A900ss said:
Troubleatmill said:
Sold as seen - means tough titties. (for them)

Ignore all requests.


We need a sticky for this - it comes up every month.
Not true for a dealer......
It's being worked on smile

PositronicRay

29,031 posts

213 months

Sunday 9th November 2014
quotequote all
As a trader you should be better placed to answer this than Joe Public on a forum.

BFG TERRANO

2,172 posts

178 months

Sunday 9th November 2014
quotequote all
You bought a car, realised it was a bag of ste, sold it quick at a loss, buyer wants a refund?

Is that the basics of it?

anonymous-user

84 months

Sunday 9th November 2014
quotequote all
BFG TERRANO said:
You bought a car, realised it was a bag of ste, sold it quick at a loss, buyer wants a refund?

Is that the basics of it?
Looks like it smile

TooMany2cvs

29,008 posts

156 months

Sunday 9th November 2014
quotequote all
namkcir said:
When I bought the car from auction it said milage was not warranted on the sale details.

They then check the MOT doc and said that the milage had been changed.
What car, what age, what price?

And what did you tell them about the mileage?

fathomfive

11,235 posts

220 months

Sunday 9th November 2014
quotequote all
TooMany2cvs said:
And what did you tell them about the mileage?
Whatever it took to sell it, I suspect.

moebiusuk

345 posts

188 months

Sunday 9th November 2014
quotequote all
Here we go again. Look, just tell us the truth. We can answer your questions all day long but they'll be wrong answers if we don't know the background.


As a private seller, it's up to them to spot mileage so you're fine. Ignore them. BUT you knew about mileage. So as someone who "buy and sell some cars occasionally", how do you not know where you stand?

Are you, in fact, here to ask us to put your mind at ease because you feel guilty for selling unsuspecting victims a lemon?

nct001

733 posts

163 months

Sunday 9th November 2014
quotequote all
A trade seller cannot sell as seen as it implies no guarantee of title of goods, but they can sell with no on going warranty from point of sale... two very different things.

Please do not try to educate me in this matter, it is fundamental.


You are a used car dealer or trader the goods you sell have to have some inherent quality or what are you doing... ultimately a county court judge on a say 10 year old car sub £2k as long as you have shown some willing will have little or no interest in this matter IF you defend this correctly.



Jasandjules

72,620 posts

259 months

Sunday 9th November 2014
quotequote all
Well, ensure the police are informed, as threats are not good (assuming he is threatening you).

However, in terms of your "selling cars". Can I assume it is more than say six a year?

I rather suspect you will be deemed a trader (does the advert for the vehicle state you are a private seller?) and therefore you will need to either fix the clutch or what I assume is easiest is to give a full refund.

daemon

40,169 posts

227 months

Sunday 9th November 2014
quotequote all
namkcir said:
Hi

I have a trade policy on my vehicle insurance as I buy and sell some cars occasionally. In this instance I bought a car for my girlfriend (on my trade policy from the auction, so I did not transfer the register keeper), she decided it looked a bit too 'boyracery' so I was forced to sale the vehicle, at a loss frown

When I bought the car from auction it said milage was not warranted on the sale details.

Yesterday I agreed to sale. They came and took the car for a test drive the day before, went away did their checks, came back and bought the car, after checking the documents (MOT and V5). The milage changed in the passed mots by 5k last year and it didnt make sense. I didnt do any of this as it was past MOT's

The buyer took the car away, Sold As Seen' and something went wrong with the clutch and they broke down. They then check the MOT doc and said that the milage had been changed. Due to all of these circumstances they said they want their money back. I said unfortunately the car was sold as seen. They said the are contacting trading standards.

I have contacted the police as the have been sending me threatening messages, saying they will be coming round my house etc

Where do I stand with this?

I feel bad but I also feel it is not my fault, they tested the car, did their check and it was sold as seen.
Ah. A wide boy part time trader who keeps a low profile, sells a car on "I bought it for my girlfriend but she doesnt like it", and marks invoices as "sold as seen" and its come back and bit you on the arse.

Not feeling ANY sympathy.

daemon

40,169 posts

227 months

Sunday 9th November 2014
quotequote all
moebiusuk said:
Here we go again. Look, just tell us the truth. We can answer your questions all day long but they'll be wrong answers if we don't know the background.


As a private seller, it's up to them to spot mileage so you're fine. Ignore them. BUT you knew about mileage. So as someone who "buy and sell some cars occasionally", how do you not know where you stand?

Are you, in fact, here to ask us to put your mind at ease because you feel guilty for selling unsuspecting victims a lemon?
He has motor trade insurance.

He buys and sells cars "occassionally"

Hes sold a pup and got caught out.

He needs to sort it out by part refund, refund or repair ASAP.


namkcir

Original Poster:

10 posts

143 months

Sunday 9th November 2014
quotequote all
thanks for the replies.

We didn't discuss the milage.

They checked all the docs before buying the car, they said they did their checks, they took it for a long test drive and then were happy. something went wrong with the clutch (not going into gear) this happened about 8 hours after purchase.

To the questions: I have a trade policy, but i do not make a living from selling cars.

Urban Sports

11,321 posts

233 months

Sunday 9th November 2014
quotequote all
At least he said bought not brought, he needs some credit for this.