Private car sale - Letter of court action

[anonymous-user]

Rewe said:

Consumer rights act is not applicable to private sales (assume it was a private sale?)

Sleep easy.

i think you mean businesses. Also never ignore letters whatever anyone says on here.

[rambo19]

...the new owner had taken it to a local garage and they had told them that it could not have passed its MOT due to a list of issues:

slipping clutch
rotten flow in horse stalls
no spare tyre
no horn (the horn isnt on the steering wheel but a button on the dashboard - so maybe the garage missed it??)
None of which would be a fail.

No horn is a fail.

[BertBert]

moooooobss said:

Thanks to everyone who replied with advice. We are going to respond explaining that the vehicle was in full working order when sold. I will keep you all updated if it goes further.

Don't say that, say it was as described. You don't want to change the argument to whether it was in full working order or not.

[TooMany2cvs]

moooooobss said:

14 years old. 30K miles. £5.5G

So not exactly a bargain basement stter?

Not having a clue about Tranny horsebox values, a quick search finds...
https://www.horsedeals.co.uk/detail/ford-transit-2... - similar age, bit cheaper
https://www.horsedeals.co.uk/detail/ford-transit-l... - old, lot cheaper
https://www.horsedeals.co.uk/detail/ford-transit-2... - old, lot cheaper
...but all look fairly tidy, suggesting even this isn't exactly bargain-bucket shed territory.

While consumer law doesn't specify any measure of value, expectations are higher for relatively expensive goods than for relatively cheap ones.

He's still on very flaky territory with it being a private sale and the ad not being inaccurate, but that's something which might not work in your favour.

[moooooobss]

TooMany2cvs said:

moooooobss said:

14 years old. 30K miles. £5.5G

So not exactly a bargain basement stter?

Not having a clue about Tranny horsebox values, a quick search finds...
https://www.horsedeals.co.uk/detail/ford-transit-2... - similar age, bit cheaper
https://www.horsedeals.co.uk/detail/ford-transit-l... - old, lot cheaper
https://www.horsedeals.co.uk/detail/ford-transit-2... - old, lot cheaper
...but all look fairly tidy, suggesting even this isn't exactly bargain-bucket shed territory.

While consumer law doesn't specify any measure of value, expectations are higher for relatively expensive goods than for relatively cheap ones.

He's still on very flaky territory with it being a private sale and the ad not being inaccurate, but that's something which might not work in your favour.

Something my wife just told me 'Horse box prices are very dependant on location.

Who knew? Supply and demand I imagine.

[98elise]

ghost83 said:

A mot garage I know said a car can pass an mot and then be in a position to fail a test 30 mins later but it’s passed at that time on that day!

Tell them you will see them in court

It can be in a position to fail before you even pick the car up! As long as it passed the MOT when it was tested, then that's all it means.

It's not a guarantee that a car will remain roadworthy for any lenght of time afterwards. Many things could affect the car before the next MOT, Some could happen immediately after, like lights failing, windscreen chips, airbag lights etc etc.

[TooMany2cvs]

moooooobss said:

Something my wife just told me 'Horse box prices are very dependant on location.

Who knew? Supply and demand I imagine.

Probably not a great surprise - but two of those are in the Home Counties, and the third isn't far from the Cotswolds.

[cj2013]

TooMany2cvs said:

So not exactly a bargain basement stter?

Not having a clue about Tranny horsebox values, a quick search finds...
https://www.horsedeals.co.uk/detail/ford-transit-2... - similar age, bit cheaper
https://www.horsedeals.co.uk/detail/ford-transit-l... - old, lot cheaper
https://www.horsedeals.co.uk/detail/ford-transit-2... - old, lot cheaper
...but all look fairly tidy, suggesting even this isn't exactly bargain-bucket shed territory.

While consumer law doesn't specify any measure of value, expectations are higher for relatively expensive goods than for relatively cheap ones.

He's still on very flaky territory with it being a private sale and the ad not being inaccurate, but that's something which might not work in your favour.

Unless those ads involve a time machine, it's pretty moot really. You pay more for a horsebox during peak seasons. It's like comparing the price of a cabrio to what someone paid in May

[moooooobss]

Thanks again for everyones input. Its just a little stressful when you get a letter talking about going to court!

[rallycross]

moooooobss said:

Thanks again for everyones input. Its just a little stressful when you get a letter talking about going to court!

You have absolutely nothing to worry about, contrary to some of the poor advice above (from the usual clowns who often appear on these threads).

[Fermit and Sarah]

Threads of this nature are popping up most months on here, it seems to be becoming a try it on act in our ever increasingly litigious society. OP, I agree with most replied, they're shisters, they're trying their luck, and their 'garages' MOT analysis is laughable! Good luck, and I wouldn't lose sleep over it.

[catman]

There's a huge difference between talking about going to court and doing it. If they had any intention of going to court, they wouldn't have waited this long.

Even if they had bought from a Dealer, they wouldn't be able to claim for a repair done elsewhere, nor is it likely that they could claim for a clutch.

My suggestion is that you immediately cease all contact and wait for the court papers to come. (they won't)

Tim

[Dan_1981]

Just to confirm... It was a private sale?

Not from a horsey company or anything?

[moooooobss]

100% private sale.

It just amazes me that they are quoting the wrong act when its taken me all of 5 mins to find out that the sales of goods act was superseded by the consumer rights act 2015.

Debating whether to send a solicitors letter to hopefully nip this in the bud.

[POORCARDEALER]

£5.5K is fk all for a horse box & anything much beow is near scrap (like motorhomes)

IGNORE THEM TOTALLY,

[catman]

You don't need a Solicitor's letter. Just stop replying to them, as it looks like you're worried every time you reply!

Tim

[ghost83]

I’d just send one final email or text stating the horse box was as described and if you are unhappy about that then you should have used due diligence

I will await the court papers and see you there

Then don’t say anything else

[anonymous-user]

catman said:

You don't need a Solicitor's letter. Just stop replying to them, as it looks like you're worried every time you reply!

Tim

This.

If they proceed you will get papers stating their case and you have the opportunity to put your defence together. It will most likely be in a small claims court, a magistrate will put some straight questions to both parties in turn. The simple issue that 3 months had elapsed is enough to have the case found in your favour regardless of what they might claim to be fact. There was no warranty given or implied. End of.

[Thats What She Said]

Some people have no shame. The self entitlement these days is staggering.

So the buyers have had 3 or 4 months use of the horsebox during the summer. Then decide they wont be using it much over winter, so would much rather have their money back. To top it all, they expect you to pay for the repair and upkeep of the vehicle while it was in their care?

Cease all communication with them, as it only encourages them. They already think they have you on the hook. Wait for any official court papers to turn up, and then take it from there.

[moooooobss]

In one of the letters sent they attached an invoice from a garage detailing the problems with the vehicle (as already detailed in a previous post). The date of the invoice is from August. Vehicle sold to them in May.

Again - Massive thank you for everyones input. Going to sit tight at see. There is no way that we are going to give a refund - Will be interesting to see how far they are willing to take this.

Lets hope a judge would see the details of the sale the same way that you guys have.