Trader trying to take me to court for car that I sold
Discussion
Hi all,
Just after some advice for my situation.
I sold a car two days ago, the person that bought it was a trader buying it for their garage as a runaround. They had a very thorough look around the car, and test drove it. About an hour after the sale (which was a lower price than I was hoping for anyway), he calls me to say the engine management light has come on and that the car has gone into limp mode, and misfiring. He left the car with a friend apparently, who owns a garage for him to check it in the morning. He then calls me up this morning to say that there is a fuel pump issue, two engine light codes and an issue with the cooling system, and he wants £500 from me. He seems ready to go to court over it, as he says that the car was not fit for purpose and not safe on the road, as the water could've leaked everywhere.
Now I've got two questions, 1 - if it went to court, will I win? I've not tried to mislead him in anyway. Literally 10 minutes before the sale I had used the car on a two hour drive to the airport, without this engine management light (I have proof of this journey) and I've never experienced limp mode at all before on the car. If it goes to court, is there any chance that I will be held liable? surely having the car at his mates garage is not exactly confidence building, I don't know what they could've done to the car in that time.
The second question is to do with an utter foolish mistake on my end. When I sold him the car, I took the money (part cash, part bank transfer) but because he was a trader, I stupidly trusted there to be no issues, and didn't issue a receipt, AND gave him the whole v5. Absolutely rookie error and I'm kicking myself now because of this I know, but what are my options? I'm a bit concerned now that because of this dispute he won't fill it out and post it to the DVLA, and I'll be held liable for any reckless driving he does. I don't even have his full details (although I'm hoping to get them), but what can I do regarding this? Can I contact the DVLA to say I've sold the car and it's no longer in my possession, or is this not possible without the full details of the buyer?
I know I've completely messed up on that second point, I can't believe I overlooked it, but I'm wondering what the best course of action is now. I would just ignore all emails and phone calls, if it wasn't for the v5.
Thanks chaps
Just after some advice for my situation.
I sold a car two days ago, the person that bought it was a trader buying it for their garage as a runaround. They had a very thorough look around the car, and test drove it. About an hour after the sale (which was a lower price than I was hoping for anyway), he calls me to say the engine management light has come on and that the car has gone into limp mode, and misfiring. He left the car with a friend apparently, who owns a garage for him to check it in the morning. He then calls me up this morning to say that there is a fuel pump issue, two engine light codes and an issue with the cooling system, and he wants £500 from me. He seems ready to go to court over it, as he says that the car was not fit for purpose and not safe on the road, as the water could've leaked everywhere.
Now I've got two questions, 1 - if it went to court, will I win? I've not tried to mislead him in anyway. Literally 10 minutes before the sale I had used the car on a two hour drive to the airport, without this engine management light (I have proof of this journey) and I've never experienced limp mode at all before on the car. If it goes to court, is there any chance that I will be held liable? surely having the car at his mates garage is not exactly confidence building, I don't know what they could've done to the car in that time.
The second question is to do with an utter foolish mistake on my end. When I sold him the car, I took the money (part cash, part bank transfer) but because he was a trader, I stupidly trusted there to be no issues, and didn't issue a receipt, AND gave him the whole v5. Absolutely rookie error and I'm kicking myself now because of this I know, but what are my options? I'm a bit concerned now that because of this dispute he won't fill it out and post it to the DVLA, and I'll be held liable for any reckless driving he does. I don't even have his full details (although I'm hoping to get them), but what can I do regarding this? Can I contact the DVLA to say I've sold the car and it's no longer in my possession, or is this not possible without the full details of the buyer?
I know I've completely messed up on that second point, I can't believe I overlooked it, but I'm wondering what the best course of action is now. I would just ignore all emails and phone calls, if it wasn't for the v5.
Thanks chaps
Sold as seen. Let him take you to court.
Contact DVLA yourself with his details and give them the date he purchased it.
EDIT. Just seen you don't have his details and gave him the full V5? Really? I would still contact DVLA and explain. At least pass them the garage name.
Do not give them cash though due to the engine fault. That's their problem.
Contact DVLA yourself with his details and give them the date he purchased it.
EDIT. Just seen you don't have his details and gave him the full V5? Really? I would still contact DVLA and explain. At least pass them the garage name.
Do not give them cash though due to the engine fault. That's their problem.
Edited by HantsRat on Tuesday 4th September 11:51
chrispwill said:
he calls me to say the engine management light has come on and that the car has gone into limp mode, and misfiring. He left the car with a friend apparently, who owns a garage for him to check it in the morning. He then calls me up this morning to say that there is a fuel pump issue, two engine light codes and an issue with the cooling system, and he wants £500 from me.
Why do you presume he's telling the truth?
When I sold a car previously I didn't receive confirmation from the DVLA that it was no longer mine. I called them, they had no record of the change of ownership and just asked me to write to them with the details of the vehicle and when it was sold. I received the confirmation through a while after.
How do you know this guy is a trader?
The water leak thing is a load of b
ks, it's not dangerous, it's not even going to cause any damage unless the driver is a clueless muppet.Without going into the faults and whether they're real, it Sounds to me like he's using the "trader" title to gain leverage, to make you panic.
He's at it. And even if he isn't, he's not going to win any legal battle.
Just don't enter in to any sort of debate or discussion about it. Tell him you're happy to see him in court and ignore any further contact. He'll go away.
I'd be much more concerned about the second point so I would call the DVLA today before the consequences of not completing the V5 catch up with you.
Just don't enter in to any sort of debate or discussion about it. Tell him you're happy to see him in court and ignore any further contact. He'll go away.
I'd be much more concerned about the second point so I would call the DVLA today before the consequences of not completing the V5 catch up with you.
The expression sold as seen is bandied about but is not a precise mantra. OP, your best response to the trader is that the car was sold as a non business sale and without any express or implied warranty or representation as to condition. I assume that you are not yourself in the business of selling cars. I am surprised to hear of a trader buying a runaround rather than just using a trade-in or whatever car is in stock and he fancies driving on any given day. This is I suspect a small time trader, and maybe he does not even have trader insurance - hence the need for a specific car that he can insure. Some driveway traders are not averse to a bit of fronting when it comes to driving the stock, but that is another story.
SamR380 said:
If he wanted to take the whole V5 is it possible he isn't registered as a trader and wants to avoid putting another 'previous owner' on the car before he sells it?
There is no register of (non corporate) traders. Whether a person is a trader is a question of fact based on what they do, not a matter of filling in a form. A trader should have appropriate arrangements re tax and VAT, as applicable, but there is no free standing register saying that Bloke X is a car trader. Edited by anonymous-user on Tuesday 4th September 13:57
Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff