Trader part ex refund
Author
Discussion

scsracing

Original Poster:

83 posts

124 months

Tuesday 16th April 2019
quotequote all
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

MDMA .

10,682 posts

130 months

Tuesday 16th April 2019
quotequote all
Sold as seen. Tell him to suck it up. End all conversations if what you say is true.

WonkeyDonkey

2,585 posts

132 months

Tuesday 16th April 2019
quotequote all
Unless you're a trader also he cant really go after you if you sold it and he was aware of the faults.

Riley Blue

23,205 posts

255 months

Tuesday 16th April 2019
quotequote all
Have a read of the PH Wiki on the subject: https://www.pistonheads.com/gassing/topic.asp?h=0&...

scsracing

Original Poster:

83 posts

124 months

Tuesday 16th April 2019
quotequote all
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

steveo3002

11,207 posts

203 months

Tuesday 16th April 2019
quotequote all
chancer trying to trick you into giving a part refund , a trader should be able to check out a car enough to satisfy himself its what he wants

markjmd

563 posts

97 months

Tuesday 16th April 2019
quotequote all
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

Black_S3

2,814 posts

217 months

Tuesday 16th April 2019
quotequote all
Private sale is private sale regardless of the buyer. Easy route is ignoring him, confrontational route is telling him exactly where he stands including his tax position as a driveway trader.

KungFuPanda

4,640 posts

199 months

Tuesday 16th April 2019
quotequote all
Sold as seen.

Take screenshots of all the other cars he has for sale at the moment. In the unlikely event he pursues it, use the pics to illustrate that he is a trader and should have more knowledge about cars than the normal man on the street. Then grass him up to HMRC.

scsracing

Original Poster:

83 posts

124 months

Tuesday 16th April 2019
quotequote all
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’.

strain

419 posts

130 months

Wednesday 17th April 2019
quotequote all
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

Vaud

59,513 posts

184 months

Wednesday 17th April 2019
quotequote all
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.

98elise

32,599 posts

190 months

Wednesday 17th April 2019
quotequote all
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
It's even more applicable when selling to a trader. They are the expert, not you.